Can I drive in the USA with on K1 visa status?

[Matt&Sophie 8]

Hello!

Not sure if this is the best place to post this (please point me in the right direction if not!)

I'm moving to the US in 3 days time (WOO!!) and will be getting married to my love on 23rd September, and immediately starting the AOS process.

Does anybody know if somebody with a K1 visa, full British Driving Licence (No Convictions) and an International Drivers Permit is able to drive in the USA? - I'll be based in Rhode Island if that makes any difference.

I seem to be having trouble locating a definitive answer on the subject and anything I do find is conflicting.

My parents will be visiting for the wedding and based on their research, the International Drivers Permit will allow them to be able to rent a car to drive while they are in the US, but when my fiancé called the DMV in order to query if there would be any paperwork I needed to bring, the guy said he had never heard of an International Drivers 'Permit', only an International Drivers 'Licence' and that I wouldn't be able to drive until I had taken a US driving test AFTER I had been granted Permenant Resident status.

Anybody have any ideas on this?

Thanks

[Dutchster 1,107]

In Tennessee I was able to drive for 30 days on my foreign license. It all depends on the state so you will have to figure it out on the state/DMV website! However, without an EAD or greencard -depends on the state also- you can not obtain a state drivers license.

If the visit is less than 90 days (ESTA), your parents on whoever visits doesn't need an international drivers permit. At least my parents and friends never did while they were on vacation here so I highly doubt it's needed.

[yuna628 9,671]

In general: British citizens holding their own license may drive in the US, regardless of if they are visiting or as a K1. My husband has certainly driven in the US enough times over the years with no issues. The IDP you have, is okay but is in general only useful if you have a license in a foreign language that needs to be translated into English. For you, this is not an issue.

Now the question becomes when you become a resident of a state and when you then need to obtain a state driving license. In general you will need to refer to your state DMV's rules as to how long you may continue to drive on your UK license at that point. My best advice for you would be as follows:

>get your SSN as soon as you can before your marriage

>marry

>file your AOS with an EAD and AP

>get your name on joint mail with your US spouse

>when you obtain the EAD within 90 days or so of filing head down to your DMV (this gives you the ability to be here so you are more than able to take the test before the green card) The Rhode Island DMV website should be able to give you info on this.

>every state rule is different but in general since you already know how to drive you will bypass student driving regulations and move to testing

>take a written test and your road test

>obtain the state license which is usually good for about a year

>once you have your green card go back to the DMV and update the license to a full one.

You will not be able to obtain a state license or ID without at least an SSN, some name on a piece of mail, and of course your EAD. I would not even attempt to approach a DMV without any of these on hand or they will cause you headaches and frustration. There are some cases you can be issued a state license before this point but it would expire as the same time as your I94 and is irrelevant. Always refer to the rules about what documentation you need to bring in, study the driving booklet for your test, and be prepared for any employee that may be clueless. Since you will be prepared about the rules if you encounter an issue ask for a supervisor. http://www.dmv.ri.gov/documents/forms/checklist/license_checklist.pdf The wording on what documents needed to be provided is vague here, but an EAD will certainly be proof enough of your legal status.

Edited September 9, 2016 by yuna628

[Nich-Nick 3,354]

It's actually called a a permit as you said, not license. It is simply a booklet translating the home country license into English. Your parents won't need one because their UK LICENSE is in English and law enforcement should be able to read it just fine. You can drive as a "visitor" as well. At least that was our approach because they wouldn't give a license until he had an EAD card.

RI may give you a license on just your I-94 and Social Security card, but the license would expire when your 90 days are up because that is all you'll have to prove you are legal in the US. The next document that gives you proof (a year) is the EAD card.

[Pitaya 2,577]

~Moved from K1 Process to Moving to the US and Your New Life in America Forum~

~Similar topics are often discussed at this forum, past K1~

[Matt&Sophie 8]

Thanks for all your responses.

I've been looking and for the most part it does appear that as long as you are a visitor, not resident, then a UK license should be fine...therefore I'm taking it that as the K1 is not technically an immigrant visa, I should be okay to drive until my visa expires (90 days after entry)

Grabbed this off the Embassy website in regard to non-immigrant visas.

'Motorists visiting the United States from countries which have ratified the Convention on Road Traffic (the Convention has been ratified by Great Britain), may use their valid drivers licenses to drive in the United States.

Visitors who intend to hire an automobile in the U.S. are advised to obtain an International Drivers Permit prior to their departure from the United Kingdom. This permit may be obtained from any office of the Automobile Association.

Those taking up temporary residence must obtain driving licenses from the appropriate State authority upon their arrival at their destination. The Embassy does not have any information concerning the laws of the various States on requirements for issuance of driving licenses.'

I realise that the K1 could be classed as 'temporary residence' i guess, but with the visa only spanning 90 days, the same as an ESTA, surely this wouldn't count?

Edited September 9, 2016 by MortalKombatKitty

[Dutchster 1,107]

I highly suggest you call your local DMV if you are allowed to drive before you jump into your own conclusions. In most states you are not allowed to drive no more upon entering on the K1 visa, some states handle the 30 day rule (like Tennessee).

[Robert H 2]

Hi there:

Your UK driver's license and the International Driver's License are honored in the US. You may have to provide insurance information or take the insurance option if renting a car in the US. The concept of the International Driver's license is that every country listed in it allows you to drive in their country. (When I applied for my driver's license here in Thailand the clerk sneered at my US State's driver's license but cheered right up and smiled when I handed her my International Driver's license.) Best wishes for your new life there!!

[TBoneTX 45,266]

The K-1 visa is "dead on arrival" at POE. Your I-94 is what you're referring to.

I echo the advice to check on your own state's regulations.

[Cathi 5,746]

Hello!

Not sure if this is the best place to post this (please point me in the right direction if not!)

I'm moving to the US in 3 days time (WOO!!) and will be getting married to my love on 23rd September, and immediately starting the AOS process.

Does anybody know if somebody with a K1 visa, full British Driving Licence (No Convictions) and an International Drivers Permit is able to drive in the USA? - I'll be based in Rhode Island if that makes any difference.

I seem to be having trouble locating a definitive answer on the subject and anything I do find is conflicting.

My parents will be visiting for the wedding and based on their research, the International Drivers Permit will allow them to be able to rent a car to drive while they are in the US, but when my fiancé called the DMV in order to query if there would be any paperwork I needed to bring, the guy said he had never heard of an International Drivers 'Permit', only an International Drivers 'Licence' and that I wouldn't be able to drive until I had taken a US driving test AFTER I had been granted Permenant Resident status.

Anybody have any ideas on this?

Thanks

You need to call the DMV in RI and ask them, each state has different rules and regulations. in NH my husband was not allowed to use his international license as he is a resident, but if he had been here with a visitor visa he would have been allowed. I will add he entered with a CR1 and he had an immediate green card so he had his NH license within 3 weeks, you have to AOS first so the wait would be longer for you if RI has the same rules. Good luck!

Edited September 9, 2016 by mimolicious

[Cathi 5,746]

Hi there:

Your UK driver's license and the International Driver's License are honored in the US. You may have to provide insurance information or take the insurance option if renting a car in the US. The concept of the International Driver's license is that every country listed in it allows you to drive in their country. (When I applied for my driver's license here in Thailand the clerk sneered at my US State's driver's license but cheered right up and smiled when I handed her my International Driver's license.) Best wishes for your new life there!!

No, this is not true in all states when entering the US with something other than a visitor visa. In NH the only time our state allows people to use an international license is when they are here with a visitor visa, residents are required to get a NH license before they can drive

[Robert H 2]

My understanding of the OPs original post was that he had just entered the country. Are you a "permanant resident" upon entry?

[Soup Dragon 104]

I drove on my UK licence for 5 months when I first moved to the US. Once we got government orders to move back to Germany I never bothered to get a Michigan licence and just carried on driving on my UK one. However, as others have said, check your state rules.

With regard to the IDP, you might find this useful:

http://www.theaa.com/motoring_advice/overseas/idp-requirements-by-country.html#U

[Cathi 5,746]

My understanding of the OPs original post was that he had just entered the country. Are you a "permanant resident" upon entry?

He hasn't entered yet and he will be entering with a k-1, a k-1 visa holder does not enter as a resident as they must marry and apply for adjustment of status before they become a perm resident

[IcezMan_IcezLady 582]

Dont get caught breaking the law before you have the status to stay.

Call the DMV in your area and ask them. people are telling you it's OK because they did it, knowing well that DMV rules and regulations differ by state.

Call them to confirm before you get on the road.