Driving on expired i-94 and NOA1

[Ash.1101 1,756]

 

5 minutes ago, Suss&Camm said:

It's just that the K1 is sorta "inbetween" ...the whole non-immigrant with immigrant intent... technically we're non-immigrants until we establish aos... the bank has me down as a non-resident alien until I have my GC... 

I can see how it can be argued that way atleast 

Yep, it depends on how the cop would take the particular law. They could pull you over, ask for your foreign DL, then ask for passport, and see you're time is up, then say oh you came in on a fiance visa, when did you -move- to Texas? Then when you say the date, they would probably just say well just so you know when you move into the state of Texas you have 90 days to drive, but past that you'll need to get a Texas license.

I know of at least one person who was pulled over and simply told to get a Texas license and let off with a warning, they were in the AOS limbo, but not everyone gets that lucky.

Residency differs from country to country.

In Canada, once you cross over to LIVE in America, you give up your Canadian residency because you are no longer a Canadian resident. Sure you're a citizen and you can move back at any time, but to be a resident, most countries establish rules that will keep you considered a resident versus a citizen living in another country.


When you get your EAD and go for a DL, you will also have to provide residency proof or have your spouse provide an affidavit that you are a resident and that you do infact LIVE here, so at some point even prior to AOS you will need to start considering yourself a resident of the US and Texas.

Edited January 26, 2017 by Ash.1101

[Suss&Camm 2,213]

2 minutes ago, Ash.1101 said:

 

Yep, it depends on how the cop would take the particular law. They could pull you over, ask for your foreign DL, then ask for passport, and see you're time is up, then say oh you came in on a fiance visa, when did you -move- to Texas? Then when you say the date, they would probably just say well just so you know when you move into the state of Texas you have 90 days to drive, but past that you'll need to get a Texas license.

I know of at least one person who was pulled over and simply told to get a Texas license and let off with a warning, they were in the AOS limbo, but not everyone gets that lucky.

It makes me dizzy... lol 

[Ash.1101 1,756]

Just now, Suss&Camm said:

It makes me dizzy... lol 

Yeah, that's why we didn't risk it. LOL. My husband had no "residency" proof because nothing other than the joint bank account had his name on it, so I had to provide my proof of residency and sign an affidavit saying that he  lives with me and he is a Texas resident for him to get his DL.

So you're... a resident.. but not, but probably for the sake of the law you're enough resident to get in trouble. LOL

[Suss&Camm 2,213]

8 minutes ago, Ash.1101 said:

Yeah, that's why we didn't risk it. LOL. My husband had no "residency" proof because nothing other than the joint bank account had his name on it, so I had to provide my proof of residency and sign an affidavit saying that he  lives with me and he is a Texas resident for him to get his DL.

So you're... a resident.. but not, but probably for the sake of the law you're enough resident to get in trouble. LOL

Lol I mean I don't have a strong enough reason to risk it...  but I get that a lot of ppl do... I was just thinking about this sentence too..

"unexpired foreign license to operate a motor vehicle in Texas for up to one year or until a person becomes a Texas resident, whichever date is sooner"

So apparently... It's possible to stay in Texas for up to a year without being a resident... I mean you would have to live somewhere during that time... that makes it to me more logical that the "resident" part should be interpreted in an immigration sense...rather than a "where-I-stay-while-here" sense...

Edited January 26, 2017 by Suss&Camm

[Ash.1101 1,756]

9 minutes ago, Suss&Camm said:

Lol I mean I don't have a strong enough reason to risk it...  but I get that a lot of ppl do... I was just thinking about this sentence too..

"unexpired foreign license to operate a motor vehicle in Texas for up to one year or until a person becomes a Texas resident, whichever date is sooner"

So apparently... It's possible to stay in Texas for up to a year without being a resident... I mean you would have to live somewhere during that time... that makes it to me more logical that the "resident" part should be interpreted in an immigration sense...rather than a "where-I-stay-while-here" sense...

Kinda, it's a visiting versus where you hang your hat permanently. It's possible to visit someone for a year but have a home in another state, mail goes there, registration for cars go there, bills go there. It's really a big semantics issue.

[Suss&Camm 2,213]

3 minutes ago, Ash.1101 said:

Kinda, it's a visiting versus where you hang your hat permanently. It's possible to visit someone for a year but have a home in another state, mail goes there, registration for cars go there, bills go there. It's really a big semantics issue.

Yeah... and you can have a "temporary address" while visiting... for mail.. and such... it's just that... if I say I'm not a legal resident of my home country anymore... then I'm not a legal resident anywhere at the moment... since I'm not recognized that way here yet for any other purpose... So I'm not considered as a legal resident here for ANY other purpose...but I would be for this ONE purpose... technically I'm visiting until I'm recognized as not visiting... K1 is tricky 

Lol thanks for humoring my thoughts

[Patient 57]

4 hours ago, Corey911 said:

Actually, we were stopped by Texas police and it's turned out with my Russian) international driver's license I'm allowed to drive 6months from the day of entry.

P.S. I have 1 month left))

Your permit is valid for 12 months and like you, I will have one. Advice from a friend who did this move.

 

The international driving permit /license should be on everyone`s checklist to get done before leaving. 

[Georgia16 2,858]

6 hours ago, Patient said:

Your permit is valid for 12 months and like you, I will have one. Advice from a friend who did this move.

 

The international driving permit /license should be on everyone`s checklist to get done before leaving. 

But it does not give you the right to drive after the state has it "You need state DL to drive after so and so long"

The permit is good for visiting and all but it does not cover you if you need state DL to drive.

[Georgia16 2,858]

I will add that I think it is a risk to take to drive when the days are past and you need a state DL.

 

If an accident happens and they found out you do not have a valid state DL to drive...... $$$$

[p-ana 933]

At my aos interview, after saying everything looked good and that I was approved, the officer interviewing me asked if I've been driving, had a license from here or if I was using my drivers license from my country, etc. 

He said he was checking databases for that because there are a lot of people that don't obey the rules and keep using their home country's license when they're not supposed to and that would hinder my approval if I did.

 

[Suss&Camm 2,213]

6 minutes ago, p-ana said:

At my aos interview, after saying everything looked good and that I was approved, the officer interviewing me asked if I've been driving, had a license from here or if I was using my drivers license from my country, etc. 

He said he was checking databases for that because there are a lot of people that don't obey the rules and keep using their home country's license when they're not supposed to and that would hinder my approval if I did.

 

That is also something to consider. For most K1's that apply for EAD/AP right away the wait before being able to apply for a license shouldn't be too long... I will probably have 2-4 weeks depending on the processing times... like I said to me, that's not gonna be worth the risk.. but I definitely see how everyday life for some ppl, depending on where you live etc., in combination with the rules being so rigid can feel as though their hands are forced... 

[Cryssiekins 976]

I don't know if this is an option in every state, but in NY I was able

to get a state issued DL that has me listed with a condition that I am a "temporary visitor."  

 

I had zero idea that you couldn't get a license here without residency, which I don't technically have yet (AOS is pending) so when I went to the DMV (thinking I was going to be in trouble because I waited until a week before my i94 expired and it stated I should have done it within 30 days of moving to the state.)

 

It was a whole big process that the employee had to involve her supervisor in to clarify if I was eligible etc etc. 

 

I have the restriction on there until November of 2017 at which time I have to either bring in my green card (which I will hopefully have by then) or update the state of my residency and they can extend the conditions.

 

I didn't have much of a problem with the experience.  Just needed to pass the eye exam bc my original DL was from Ontario (Canada) so they offer reciprocity. They took my ON license to surrender back to the province.

[kandikandi 31]

I get the impression that here in TX I will need to wait at least until the EAD comes through to go get a drivers license.  At this rate I'm not expecting my EAD/AP until about the middle to the end of March so I just need to be patient.  I'm not interested in taking the chance to be pulled over by police - its not particularly safe to be an immigrant these days!!  So Uber will do for now lol

[Suss&Camm 2,213]

14 minutes ago, kandikandi said:

I get the impression that here in TX I will need to wait at least until the EAD comes through to go get a drivers license.  At this rate I'm not expecting my EAD/AP until about the middle to the end of March so I just need to be patient.  I'm not interested in taking the chance to be pulled over by police - its not particularly safe to be an immigrant these days!!  So Uber will do for now lol

Yes, we need the EAD... and at the same time it says you have to do it within 90 days of becoming a resident... hahahaha soooOOOO that is in practicality impossible for a K1. (If interpreting resident as being the day you set foot)... it's ugh...

Edited January 26, 2017 by Suss&Camm

[Fr8dog 312]

So when I went through the AOS/driving hell I did a lot of research and my wife worked for an insurance company and had her legal department look at it too. So here we go:

 

- Check state DMV to see how long you are allowed to drive on an "out of state" license

- Check state DMV to see if you are allowed to drive on a foreign license.

- International drivers licenses have no real legal value other than being a translation for the foreign license.

- DMV is required to check your legal status before issuing a state license (here's where the actual problems start)

- There is a Government document of what documents you can use to prove your status (I can't find it right now, but DMV should have that book. If you don't like their answer politely ask them if they can look it up for you)

- I checked the Virginia version of this rule and they are close to the US accepted proofs. (I-94, NOA-1,EAD,AP, Green-card are a few of them)

- When considering driving remember this, an insurance company can call a policy void if you don't have the correct license. The only time you'll find that out is after you needed them for a claim. (That's why we had them check and confirm if I was covered on the policy)

- No matter who you have talked to, if their answer is; "I assume", "I think", "you should be fine", "I have no problem with that". They are irrelevant. You need to be able to find the official rulings and paperwork.

- Unless you have a 10 year green-card. DMV is required to issue a license up to the day you are allowed to stay (or 1-year after NOA-1). So I got my license for 70 days (remaining I-94), than 1 year (NOA-1) and had it renewed yesterday for 1 year and 7 months (2-year green card expiration date). Next up will be the ROC NOA-1 (again max one year)  O the joys of wanting to drive.