drivers license Maryland drivers license on AOS

[Skye841 1]

On 7/12/2023 at 4:24 PM, yuna628 said:

My husband did not apply for his license until he had an EAD to avoid the issue you're experiencing. I did not see the point of it. Once you have that, assuming you have an SSN, and your name on some joint documents, you'll be good to go. Update it again once you get your green card. I do not advocate for a non-compliant license as you are not undocumented by any means. You are simply not documented enough in the way the state assumes. It used to be you could argue your status with an NOA1, passport, and I94. You will not get the MD-DMV to understand the finer nuances of immigration. It's one of the drawbacks on a K1. Hopefully you can have some alternate transport until you're good. Back then it still took a while to get the EAD, and I'm assuming it's taking even longer now unfortunately.

Hi i just came across this licence stuff browsing k1 info. So im about to file AOS 485 with forms 765 and 131. So k1 visa holders are not allowed to drive over here? I have a full aussie licence and have been able to drive over here previously on my ESTA. Currently in living in VA. I thought once you move to the US you could drive on your own country licence for 12 months in US, or if you bring an international driving permit with you?

[Mike E 11,741]

3 minutes ago, Skye841 said:

So k1 visa holders are not allowed to drive over here? I

Depends on the state and in some cases the citizenship of the driver.

The REAL ID law that is behind all this allows states to issue REAL ID-compliant DLs to anyone with a pending I-485. Despite that, most states refuse to do so.

 

 

 

[Crazy Cat 41,984]

13 minutes ago, Skye841 said:

I have a full aussie licence and have been able to drive over here previously on my ESTA

ESTA = visitor.  In most states, you become a new resident when you take any action to reside there.  The rules are different for visitors and residents.  As @Mike E stated, each state has its own DL laws. 

[yuna628 9,687]

1 hour ago, Skye841 said:

Hi i just came across this licence stuff browsing k1 info. So im about to file AOS 485 with forms 765 and 131. So k1 visa holders are not allowed to drive over here? I have a full aussie licence and have been able to drive over here previously on my ESTA. Currently in living in VA. I thought once you move to the US you could drive on your own country licence for 12 months in US, or if you bring an international driving permit with you?

Driving licenses are controlled by state laws which can be as unique as the states themselves. As a general rule obtaining a state license must be done in the timeframe you become ''a resident". So what does that mean? Does it mean when the federal government considers you an LPR? No. It just means when you officially start 'living' within a given state. But how does a state define that? You're going to find numerous conflicting opinions. Some states give you a couple of months, some give you a month or less. You are not a visitor on an ESTA, so those rules do not apply. Once the K1 period of stay is done and you are moved into the state? It's anyone's guess, and how much of a risk do you want to take? My husband has been accustomed to driving in this country as a visitor for many years, but any license issued by the state while the K1 is still valid is only going to be extremely temporary. A IDP is only a translation document and not really useful for this scenario. Once you are on your AOS NOA1, the state really doesn't understand that. But they will understand EADs and green cards. So the next best opportunity is when you show up to the DMV with an EAD and whatever other requirements they want (our state always wants a name on some official documents or pieces of mail so make sure you get that in order beforehand).

 

For MD it was simple, and he could bypass lengthy course hours if he just completed the tests and thankfully even our small town DMV knew what to do with an immigrant with an EAD (because some won't). 

Edited July 14, 2023 by yuna628

[Ninjaturtur 9]

3 hours ago, Skye841 said:

Hi i just came across this licence stuff browsing k1 info. So im about to file AOS 485 with forms 765 and 131. So k1 visa holders are not allowed to drive over here? I have a full aussie licence and have been able to drive over here previously on my ESTA. Currently in living in VA. I thought once you move to the US you could drive on your own country licence for 12 months in US, or if you bring an international driving permit with you?

Yes, you can still drive with your international license fill it expires. In my case, car insurance was very high with my international license and for it to go down, I had to have a US drivers license for at least a year so I wanted to get started on my US license ASAP.

If you don't have that problem, I think it's smarter/simpler to use your international license till you get your EAD.

My friend in VA said she had no problem getting her husband's US license and also to renew it as well!

[Crazy Cat 41,984]

13 minutes ago, Ninjaturtur said:

Yes, you can still drive with your international license fill it expires. In my case, car insurance was very high with my international license and for it to go down, I had to have a US drivers license for at least a year so I wanted to get started on my US license ASAP.

If you don't have that problem, I think it's smarter/simpler to use your international license till you get your EAD.

My friend in VA said she had no problem getting her husband's US license and also to renew it as well!

This is inaccurate.  New residents of Maryland have 60 days to get a DL.  There is no such thing as an international driver's license.  

Edited July 14, 2023 by Crazy Cat

[Crazy Cat 41,984]

Maryland Driver's License - Pages

 

[Crazy Cat 41,984]

New to Maryland Information - Pages

"Welcome to Maryland!
 

How to obtain a driver's license or identification card
New residents to Maryland have sixty days in which to obtain a Maryland driver’s license. Commercial drivers must transfer their commercial driver's license (CDL), within 30 days. Please click here for more information on the Maryland commercial driver’s license.

For those new to Maryland customers seeking non-commercial licenses, please refer to our REAL ID Lookup tool for required identity and residency documentation and instructions prior to making an appointment.

• An out-of-state license must be a valid license or a license expired for less than one year. The license cannot be suspended.
• If you are exchanging an out-of-state license that has been expired for one (1) year or more, you are required to take the knowledge and skills tests in addition to the vision test.
• You will need your out-of-state license(s), if you do not have the license in your possession, you will need to present a certified driving record from the licensing agency.
• You must pass a vision test.
• New Maryland residents must obtain a Maryland driver’s license within 60 days.
• If licensed for less than 18 months, you will be issued a Maryland provisional license.
• You will be asked to surrender your out-of-state driver's license before you can obtain a Maryland one."

[Mike E 11,741]

5 minutes ago, Crazy Cat said:

This is inaccurate.  New residents of Maryland have 60 days to get a DL.  There is no such thing as an international driver's license.  

Yes

 

https://mva.maryland.gov/about-mva/Pages/new-to-maryland.aspx

 

New residents to Maryland have sixty days in which to obtain a Maryland driver’s license. 

[Crazy Cat 41,984]

3 hours ago, Skye841 said:

Currently in living in VA. I thought once you move to the US you could drive on your own country licence for 12 months in US, or if you bring an international driving permit with you?

You have 60 days to get a VA driver's license as a new resident.

[Redro 4,611]

10 hours ago, Skye841 said:

Hi i just came across this licence stuff browsing k1 info. So im about to file AOS 485 with forms 765 and 131. So k1 visa holders are not allowed to drive over here? I have a full aussie licence and have been able to drive over here previously on my ESTA. Currently in living in VA. I thought once you move to the US you could drive on your own country licence for 12 months in US, or if you bring an international driving permit with you?

@Skye841 please provide the source for "allowed to drive for 12 months" on your own country's license. 

International driving permit is generally just a translation of the license from your own country. Most people from  countries that issue English language DLs do not have to obtain the IPD if they want to drive (as tourists) in quite a few states. 

And think about your language "once you move to the US"- when you move you are setting up residency. Generally, most people are able to obtain proof of residency in about 30-60 days. Unfortunately, K1 visa holders are in a weird space where they have authorized stay but they do not have the documentation to show they are residents. This is the drawback of deciding to wait for the green card inside the US as opposed to waiting for the immigrant visa outside the US. 

 

[yuna628 9,687]

On 7/14/2023 at 11:41 AM, Ninjaturtur said:

Yes, you can still drive with your international license fill it expires. In my case, car insurance was very high with my international license and for it to go down, I had to have a US drivers license for at least a year so I wanted to get started on my US license ASAP.

If you don't have that problem, I think it's smarter/simpler to use your international license till you get your EAD.

My friend in VA said she had no problem getting her husband's US license and also to renew it as well!

VA has nothing to do with MD. Different states and different rules.

 

I need to re-stress something here as a lifelong MD resident that assisted my husband through the process:

 

1) For people that move to MD you have 60 days to get a MD license.

2) However, K1 is in an unusual spot, because once you file for AOS you are in a period of authorized stay but do not have documentation that the state of MD requires for a license. This is why any license that is issued on the basis of a K1 alone will expire at the time the visa does. It is only temporary.

3) You cannot obtain a further temporary license from MD until you have an EAD. It will only be valid as long as the EAD is. And you will need to renew it once again when you have a green card. It will be your full license then.

4) An IDP really is not useful in this scenario. It can help to translate a non-English language license into English for authorities, but it does not actually provide you a legally valid license with which you can drive with. You are not a visitor so you can no longer drive on your foreign license, you are a resident because you moved here but you do not have the full documentation/burden of proof the state requires. You could obtain one to honor the 60 day requirement that MD has if the federal government could provide an EAD in a timely manner. Unfortunately this will not happen. Neither the state or the feds care about that. It used to be people would receive an EAD in a timely manner, so obtaining a license more promptly was not a problem back then.

5) Insurance being expensive is normal. It is because for insurance purposes you are considered a first time driver. There is nothing you can do about that until you get your first proper license and get through a year or two.

6) You are not undocumented (aka an illegal immigrant) so you should not want to misrepresent yourself to an agency stating you are just to obtain a license. You must wait until you can properly file for a new license.

7) Do not expect that an officer would understand all of this if you attempted to drive without a valid MD license and you are not a visitor.