Canadians on K1: dealing with California DMV

[Lana&Ivy 215]

I've read so many conflicting posts about getting a driver's license in California.  Then outside of Visa Journey there is a bunch of other information (misinformation?) about the process as well.

 

Visa Journey taught me that:

• I can only get a California DL with more than 60 days remaining on my I-94 that would expire when my I-94 expires
• After that I can only get a DL once I have my EAD in hand and that DL would expire after 1 year - when the EAD expires
• I cannot drive on my Ontario license beyond 10 days in the US
• I must take a behind-the-wheel road test
• I should apply for DL in my maiden name and then change it once I have ead/aos completed (and have changed name on SSN)

 

Outside VJ in the world of the internet I found:

• K1 status with AOS pending is a gray area as far as being a state resident
• you can drive with Canadian License for 30 days
• you can drive with Canadian License until EAD because you aren't a resident yet
• as a Canadian you can do a straight exchange of licenses with no tests at all

 

Even the California DMV website's "definition" of what qualifies as a resident in no way applies to me (can vote, pays property tax, pays tuition, etc)

 

Can someone from Canada who has actually moved to California please tell me about what your experience was?  Did you drive on your Canadian license, etc?

It seems to me that VJ is the most accurate source by far.   

 

[Ontarkie 14,446]

~~MOved to Moving Here and Your New Life, from the Canada forum - as the OP is asking about Driving in California~~

[Crazy Cat 42,225]

53 minutes ago, Lana&Ivy said:

Even the California DMV website's "definition" of what qualifies as a resident in no way applies to me (can vote, pays property tax, pays tuition, etc)

You are a resident per California code.

https://www.dmv.ca.gov/portal/wcm/connect/c870ae93-499c-4b0e-b1f4-0127d632aa1e/dl300.pdf?MOD=AJPERES&CVID=

 

https://www.ftb.ca.gov/forms/2018/18_1031.pdf

 

"Who Are Residents and Nonresidents

A resident is any individual who meets any of the following:

• Present in California for other than a temporary or transitory purpose.

• Domiciled in California, but outside California for a temporary or transitory purpose. See Section L, Meaning of Domicile."

 

 

 

 

Edited May 20, 2019 by missileman

[Shiran 1,134]

Regardless of anything else, in CA specifically you should be able to get AB60 DL https://www.dmv.ca.gov/portal/dmv/detail/ab60

 

Getting Real ID DL might be trickier after I-94 expires or has less than 60 days on it. 

[laylalex 7,300]

You should be able to get the AB60 license to tide you over until you have your green card. Bear in mind that getting an appointment at DMVs in the LA area can be REALLY hard -- I now live in the Bay Area, but I was living in Pasadena up until December of last year and I had to go to the DMV to take care of transferring title to a car. I ended up having to get an appointment AFTER I had already made the move and then flying back to take care of it. This was the Glendale office. If you are thinking about getting an appointment, go snag one NOW and if you change your mind, you can always cancel.

[tdotca 41]

It has been so long ago that I do not recall all . I was able to drive on my Canadian license  ( all the while praying that i won't be stopped) but then I applied /got an actual  CA license (showed cdn password, i94 stuff; US SSN) that was valid close for 2yrs  while still on the conditional green card.

In order to get that card, I needed to take the driving and written tests ( late 2015) .   As this license was close to being expired while I was still waiting for ROC to complete ( and we all know how long that takes), I contacted the DMV  about this as  somewhere along the line I was told about a LP push(Provided them front/ back of my driver’s licence; front /back of the i797 Notice of Action that shows that I was extended for another year; front/back of my conditional Green Card plus a form whose # I have forgotten)  and  it was renewed.    

 

You'd think that it would be a straight 'exchange' with Canada but no. I think even the CA DMV site says that Canadian drivers needs to redo the tests. 

ps: I am in North Cali.  Have not gotten a REAL ID yet though. Guess I am waiting to obtain at the same time when my DL expires. 

 

Good Luck