Driving on expired i-94 and NOA1

[kandikandi 31]

Hi all....just a quick question regarding driving and legal status(hopefully im posting in the right place).  My AOS paperwork has been filed and we've already gotten our NOA1. My i-94 is already expired.

 

I have a thousand things to do and we were wondering if I can rent a car to run errands.  My licence from back home is still valid...but I dont know how good that is up here!  I have driven a rental in Miami with my licence but im not sure if theres only a certain time by which you can use your foreign licence - if this is the case my time may have already passed because I've been here for over 3 months already.

 

I'm trying to tie up the loose ends for my more elaborate wedding in March so as you can imagine, the pressure is on  if theres anyone who knows the rules here in Texas please let me know.

[Georgia16 2,858]

It's different from state to state.

 

For example in GA you can only drive for 30 days and then you have to have a GA DL. 

 

So you better check up on the rules in TX before you do anything

[LionessDeon 2,060]

Contact a car rental agency and see what they say about renting/driving a car with those documents.

[f f 725]

if you do drive make sure you have insurance since driving without it bad and getting into an accident is worse. I think both are considered misdemeanors in california so might want to check into that too.

[Ash.1101 1,755]

Texas only allows for you to drive in the state for the first 90 days while moving into the state on an out of country license, but even the country your from has to be from the approved countries list to begin with. 

It's not recommended to drive past the 90 days you came into Texas, which you would be past because your I-94 expired in 90 days from entry.


You'll have to talk to a car rental place. They may not even know the rules, and they may not even ask for proof of residency and just let you rent a car thinking you are just visiting. Texas requires liability insurance, so being uninsured shouldn't be an issue if you're renting a car, they'll make you get it.


Note though, that you are in AOS application limbo, and if you're pulled over and the officer does NOT understand that you are technically in legal status, you may have yourself in a bit of a bind. Not all state officials are versed on federal and immigration rules. It's not really recommended to drive around in your post i-94 pre-EAD/Green Card period.




http://www.dps.texas.gov/DriverLicense/movingtotexas.htm

Quote

 

"

New Texas residents can legally drive with a valid, unexpired driver license from another U.S. state, U.S. territory, Canadian province, or qualifying country for up to 90 days after moving to Texas.

Prior to the end of the 90 day grace period, a new Texas resident must apply for a Texas license in person at any driver license office to continue to drive legally. 

"

 

 

[Suss&Camm 2,213]

42 minutes ago, Ash.1101 said:

Texas only allows for you to drive in the state for the first 90 days while moving into the state on an out of country license, but even the country your from has to be from the approved countries list to begin with. 

It's not recommended to drive past the 90 days you came into Texas, which you would be past because your I-94 expired in 90 days from entry.


You'll have to talk to a car rental place. They may not even know the rules, and they may not even ask for proof of residency and just let you rent a car thinking you are just visiting. Texas requires liability insurance, so being uninsured shouldn't be an issue if you're renting a car, they'll make you get it.


Note though, that you are in AOS application limbo, and if you're pulled over and the officer does NOT understand that you are technically in legal status, you may have yourself in a bit of a bind. Not all state officials are versed on federal and immigration rules. It's not really recommended to drive around in your post i-94 pre-EAD/Green Card period.




http://www.dps.texas.gov/DriverLicense/movingtotexas.htm

 

I just want to add that these rules suck so bad and that I don't understand why on earth they just don't allow you to drive until you get a decision of some sorts after applying for aos... it's beyond me... oh now you can drive... ooppp that was yesterday! today you can't! 

[kandikandi 31]

Thanks for all the advice guys.  Guess I'll be ubering.  The rules DO really suck...my poor husband works so much and then has to drive me everywhere and he is often so tired.  I bet its really tough on the US spouses during this transition period but like I always say...at least we are together! Lol thanks all!

[Ash.1101 1,755]

14 minutes ago, Suss&Camm said:

I just want to add that these rules suck so bad and that I don't understand why on earth they just don't allow you to drive until you get a decision of some sorts after applying for aos... it's beyond me... oh now you can drive... ooppp that was yesterday! today you can't! 

 

11 minutes ago, kandikandi said:

Thanks for all the advice guys.  Guess I'll be ubering.  The rules DO really suck...my poor husband works so much and then has to drive me everywhere and he is often so tired.  I bet its really tough on the US spouses during this transition period but like I always say...at least we are together! Lol thanks all!

Yeah Texas has the rules. How well they are enforced is a whole different slice of cake though.


My husband is from Canada, so he barely got out of the house because I was working so much and when I did finally get home I didn't want to really go out and do anything. But yea, it's one of those cons to a K-1 is that you still have to do the AOS process which causes you to have a lot more restrictions when entering the US than you would if you had gotten married and done a CR-1. But in the end, we felt it was worth it being together and now he can drive around where ever he wants, but he doesn't because he wants to go out with me LOL.

Edited January 26, 2017 by Ash.1101

[Corey911 37]

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))

[Suss&Camm 2,213]

2 minutes 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))

Hmmmm huh.... that's interesting...

[Suss&Camm 2,213]

Just found this

https://www.quora.com/How-can-I-drive-in-Texas-with-my-foreign-license

 

That references this

 

http://www.dps.texas.gov/DriverLicense/reciprocity.htm

 

I need to read more... ty for the info Corey...

[Corey911 37]

9 minutes ago, Suss&Camm said:

Just found this

https://www.quora.com/How-can-I-drive-in-Texas-with-my-foreign-license

 

That references this

 

http://www.dps.texas.gov/DriverLicense/reciprocity.htm

 

I need to read more... ty for the info Corey...

Or if you see cops at the parking lot, just greet them and ask))

Edited January 26, 2017 by Corey911

[Ash.1101 1,755]

The problem is the residency part. Technically you're a Texas resident upon entering Texas to live, as you give up your foreign countries residency upon leaving that country on the visa. Reciprocity only really covers visitors, not immigrants.

 

Quote

" Driving privilege reciprocity allows a person to use a valid, 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. Once a person becomes a new Texas resident, they must apply for a Texas license within 90 days to continue to drive legally. "

Saddly, these DMV rules aren't tailored or made for immigrants, which puts them in a weird middle ground or not completely under X or Y rule.


But like I said above, state police generally don't know immigration rules or anything fun like that. I personally wouldn't have risked it though.

Edited January 26, 2017 by Ash.1101

[kandikandi 31]

These answers are playing with my emotions. Lol i was eyeing a cute little fiat rental and now this!  Really appreciate all the insight though!  Better safe than sorry.

[Suss&Camm 2,213]

15 minutes ago, Ash.1101 said:

The problem is the residency part. Technically you're a Texas resident upon entering Texas to live, as you give up your foreign countries residency upon leaving that country on the visa. Reciprocity only really covers visitors, not immigrants.

 

Saddly, these DMV rules aren't tailored or made for immigrants, which puts them in a weird middle ground or not completely under X or Y rule.


But like I said above, state police generally don't know immigration rules or anything fun like that. I personally wouldn't have risked it though.

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 

 

Actually I haven't yet given up residency of my home country yet for that very reason.. what's to say I won't be denied my GC, and be sent home (there's no reason ofc but for arguments sake there are no guarantees while in this limbo)

Edited January 26, 2017 by Suss&Camm