IS A K-1 HOLDER A RESIDENT

[sailorinaz 0]

Maybe a little off-topic, but before my Wife had her green card, she was here in a K-1 Visa and we were married and had already applied for permanent residency but were waiting for the interview, she received a traffic citation for driving without an Arizona Drivers License.

When she first arrived here, I called the Motor Vehicle Department and asked them if she could drive here on her drivers license that had been issued by her country and they told me yes. They said she could use it for 7 months from the date of arrival.

About 5 months after she was here, we went to the MVD and tried to have her take her test for an Arizona DL but they refused to do it because her Social Security Card still had her maiden name. (That is a different story). Anyway, the point is that an effort was made.

She has a hearing coming up and the judge told me it would be a question of residency and if she was a resident she would be in the wrong. I know laws very from state to state.

Wondering what all of you think. Here on a K-1 visa. Not yet a perm resident. Waiting for adjustment of status. Was she a resident at that time?

What is horrible is that we went to the authority. The Arizona department of Motor Vehicles and they told us it was ok. I even have a print out from their website and from the state laws but the cout may try to say she was a resident at that time.

[YuAndDan 153]

You don't have resident status until after USCIS approves and issues a green-card. Use the issue date on the green-card, any time before that date and she was a NON-Resident, the K-Visa is a NON-Resident Visa.

[payxibka 10,047]

Immigration residency laws and state residency laws in all liklihood are different...

[sailorinaz 0]

You don't have resident status until after USCIS approves and issues a green-card. Use the issue date on the green-card, any time before that date and she was a NON-Resident, the K-Visa is a NON-Resident Visa.

I agree and I can't expect all cops to understand the complications of the immigration process.

She certainly did not have the rights of a resident at that time.

[zqt3344 21]

For some reason why is it I think you are not telling us the rest of the story here?

[Liebi 0]

Some states consider a person a resident after 6 or 7 months though, regardless of their permanent residence. The fact that a person remained in a state for that period of time is what they look at. Friend of mine had a similar problem during her AOS process and was told that she was not allowed to drive without a US DL after the months mentioned above had passed...

[sailorinaz 0]

Some states consider a person a resident after 6 or 7 months though, regardless of their permanent residence. The fact that a person remained in a state for that period of time is what they look at. Friend of mine had a similar problem during her AOS process and was told that she was not allowed to drive without a US DL after the months mentioned above had passed...

Yes, AZ MVD said 7 months, and I also looked up Arizona law definition of a resident.

[Wrath of Sithis 0]

You don't have resident status until after USCIS approves and issues a green-card. Use the issue date on the green-card, any time before that date and she was a NON-Resident, the K-Visa is a NON-Resident Visa.

I agree and I can't expect all cops to understand the complications of the immigration process.

She certainly did not have the rights of a resident at that time.

I don't know how it works in AZ but I am familiar with the laws and practices in GA. I assume you already have your court date, you should get a lawyer to represent you in the case. For this case it shouldn't cost much maybe $100 or two, but you're more likely to get this thrown out, and not have any points issued.

Another question is could you have changed the name on the SSC while still in immigration limbo with the AOS?

Anyways, IF this is all that's going on then I doubt you have much to worry about.

You didn't mention why she was stopped, that could cast some weight depending on what happened, was it a police check point, pulled over for a moving violation?

[payxibka 10,047]

Some states consider a person a resident after 6 or 7 months though, regardless of their permanent residence. The fact that a person remained in a state for that period of time is what they look at. Friend of mine had a similar problem during her AOS process and was told that she was not allowed to drive without a US DL after the months mentioned above had passed...

Yes, AZ MVD said 7 months, and I also looked up Arizona law definition of a resident.

In some states it is 30 or 60 days so do not go by wha the AZ MVD told you but what the statutes say...

[Liebi 0]

Some states consider a person a resident after 6 or 7 months though, regardless of their permanent residence. The fact that a person remained in a state for that period of time is what they look at. Friend of mine had a similar problem during her AOS process and was told that she was not allowed to drive without a US DL after the months mentioned above had passed...

Yes, AZ MVD said 7 months, and I also looked up Arizona law definition of a resident.

Exactly. That was the problem in my friends case...

I take it, the 7 months were already over when she got the ticket?

Then I would expect the judge to ask why your wife did not have a AZ DL at that time cause she was technically required to have one.

You said they did not issue her a AZ DL because her SSN was in her maiden name (and I know that the DMV is a pain in the butt with that). Why didn't you change her name on the card after they told you so she could go ahead and get one then? Is there a story behind that? If you have a possibilty of providing the judge with the problems you faced in that whole process and show them all the AOS paperwork, they should let you go with a warning or drop the charge down to 'not having the license with you' instead of 'driving without a license'.

[sailorinaz 0]

She was pulled over for speeding and said she was guilty and she attended the driving school here in AZ to get the points dropped. The judge said he could not drop the driving without an AZ DL unless there is a hearing and the COP who issued the citation was offered a chance to attend the hearing.

SHE HAD ONLY BEEN HERE MAYBE 4 MONTHS.

I checked state laws/statutes as well as call the MVD.

As far as the SSN card, that was a nightmare and was talked about in other posts.

After wedding, applied for SSN. Was told she could not have one. Had to go through all kinds of hell to get one but when she did get one they gave it to her in her maiden name.

Tried to get the DL. MVD said the SSN Card needed to be in her married name.

Employment Authorization arrived. Went back to SSA. SSA took/tore up card and mailed a new one with married name 2 weeks later. Finally got the DL.

(Went back to SSA after green card arrived. SSA took SS card and said would receive a replacement in two weeks).

Edited December 3, 2007 by sailorinaz

[Liebi 0]

As for the SSN... sounds like a nightmare indeed.

Referring to the question of residency: looks like she cannot be considered a resident at the time she got the ticket.

I don't know how the speeding ticket influences the whole story. That didn't happen to my friend. But I don't see why they want to issue points on her US license now.

[Wrath of Sithis 0]

If that happens again, fight the ticket. Never admit you were speeding, but be respectful to the officer. Don't tell him you weren't speeding per say, but don't come right out and admit it.

Next time get a traffic attorney to represent you. It's often cheaper than the ticket and you may not have to bother with the classes.

[sailorinaz 0]

Thanks everyone.