Jump to content
dakobert

Driving with home country's drivers license while in AOS???

41 posts in this topic

Recommended Posts

Hello Fellows,

I have a concern about my situation at the moment. So, I've been driving with my home country's drivers license in the U.S., and I have applied for AOS. However, I'm in the process of getting my california drivers license, and noticed it said, they recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident. So, what am I now, I'm not really a resident in my home country right now, but neither a permanent resident in California??!! Does it mean, I'm actually not supposed to drive anymore? Even though, it would be just legal if I was here on a semester abroad, or as a tourist?

I really appreciate other's opinions!!!

Share this post


Link to post
Share on other sites

Why are you not resident in California?

I seem to remember California gives you 10 days.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Why are you not resident in California?

I seem to remember California gives you 10 days.

I mean, that doesnt really account for me...We just moved to California, and I had to wait for my employment authorization, because my I-94 has expired a while ago. I'm not sure why I would be considered a resident of California, while I'm not even a permanent resident of the US, however, neither am I of my home country. I believe. I was wondering what happens if police stops me? Does anybody know who I could ask to reassure?

I believe I'm not the only one without state's drivers license, if just recently entered US and started application for AOS. Or do I miss here sth?

Share this post


Link to post
Share on other sites

You can be an illegal in the US and still a resident in California, DMV is State, Immigration is Federal.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You can be an illegal in the US and still a resident in California, DMV is State, Immigration is Federal.

I'm not denying you werent right, but somehow I feel like your answers are not really helping. I do not wanna start a discussion about Californian residency, fact is I had no chance of applying for a drivers license before. I have a home country's license which had been valid every time I was here, my question is rather is it all the sudden illegal for me to drive, whereas like "a month" earlier it wasnt a problem at all??? lol

Share this post


Link to post
Share on other sites

Most maybe all States give visitors a year.

New residents vary as to how long they get in a new State to get a license. Anyway it is all on the DMV website.

So yes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Most maybe all States give visitors a year.

New residents vary as to how long they get in a new State to get a license. Anyway it is all on the DMV website.

So yes.

Its not really on DMV. The sentence I copied is from DMV, but doesnt really explain the case. And if you ask somebody in the office, they actually dont know anything, except for whats written on their website. Well I'm doubtful everybody applied in their first week for a drivers license. So how do other handle that? Or have they ever experience a situation where they were stopped and held illegal with their home country's DL?

Share this post


Link to post
Share on other sites

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

~Moved from the Fam.-based AOS to Moving to the US and Your New Life In America Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

There was a guy on here years ago who thought just like you, that he wasn't really a Cali resident. He ended up ticked and the officer told him he needed a California license because he was a resident.

From what I've read on here is that state is pretty picky and they don't have any wiggle room.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

My husband drove on his UK license until he got EAD which allowed a TX license. He was stopped and ticketed for speeding. The state trooper-highway patrol guy did not know immigration and especially the limbo a K1 gets mired in. He knew a new resident to TX had 30 days and it had been more than 30 days since the date my husband said he moved to TX. With a lot of immigration explaining, he removed the failure to have a license charge and gave only the speeding ticket. I wish my husband had said he was visiting. Would have saved thirty minutes of talking and saying yes, we had been to the DMV (twice) and he could not have a license yet. And all the details of what a K1 visa is and how it works.

You may not be so lucky at talking your way out of charges. Yes, some quit driving. Some don't. The laws fit most, but K1s always seem to be that fuzzy gray exception while they await a greencard.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

My husband drove on his UK license until he got EAD which allowed a TX license. He was stopped and ticketed for speeding. The state trooper-highway patrol guy did not know immigration and especially the limbo a K1 gets mired in. He knew a new resident to TX had 30 days and it had been more than 30 days since the date my husband said he moved to TX. With a lot of immigration explaining, he removed the failure to have a license charge and gave only the speeding ticket. I wish my husband had said he was visiting. Would have saved thirty minutes of talking and saying yes, we had been to the DMV (twice) and he could not have a license yet. And all the details of what a K1 visa is and how it works.

You may not be so lucky at talking your way out of charges. Yes, some quit driving. Some don't. The laws fit most, but K1s always seem to be that fuzzy gray exception while they await a greencard.

There was a guy on here years ago who thought just like you, that he wasn't really a Cali resident. He ended up ticked and the officer told him he needed a California license because he was a resident.

From what I've read on here is that state is pretty picky and they don't have any wiggle room.

Thank you, these experiences are really helpful. I could imagine that this situation is kinda like being in a void and it depends on how the officer sees it. It's ridiculous though. When I was studying in Cali, I had no problems driving with my DL for half a year, and now it is a problem...lol, but not worth the risk. I guess I just wait until I get my DL. Thank you for your responses. :)

Share this post


Link to post
Share on other sites

Thank you, these experiences are really helpful. I could imagine that this situation is kinda like being in a void and it depends on how the officer sees it. It's ridiculous though. When I was studying in Cali, I had no problems driving with my DL for half a year, and now it is a problem...lol, but not worth the risk. I guess I just wait until I get my DL. Thank you for your responses. :)

There's a difference between being there and studying and living there. You may not see it, but they do.

Share this post


Link to post
Share on other sites

From what I have read here on VJ, most people wait to drive until they obtain their state license.

My husband didn't drive until he got his EAD.

He was given a temporary license for having a license from another country, until he got his CA license.



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

Share this post


Link to post
Share on other sites

My husband was allowed to drive on his foreign license (in TN) for 30 days, then had to have a state license. Here you get a state license by going to get a driving test, then it's good until your temp visa expires, at which point you go BACK to the DMV and get a permanent license.


"Wherever you go, you take yourself with you." --Neil Gaiman

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×