When do I become a resident?

[Cecile and Bryan 0]

Hello

This question may seem stupid but I want to make sure...

Background: I arrived to the USA 2 months ago on a K1 visa, got married a month ago and we are going to send the AOS paperwork in a day or two.

I contacted the Missouri State Highway Patrol to ask them how long I can drive with my international license (or when I have to get a Missouri license) and their answer was:

"Missouri law requires you to get a Missouri license as soon as you become a Missouri resident."

So I am wondering when I become a resident. Is it when I receive my conditional green card after AOS?

If so, would it mean that I can drive with my international license until my AOS is approved? I find it kind of strange...

[payxibka 10,044]

You need to look up Missouri residency laws... they may or may not have anything to do with your official or pending immigration residency.... but then again they might...

[Cecile and Bryan 0]

I found this:

Resident - An individual who is domiciled in Missouri, unless the individual:

1. maintains no permanent place of abode in this state;

2. does maintain a permanent place of abode elsewhere; and

3. spends in the aggregate not more than 30 days of the taxable year in Missouri.

OR

Resident - An individual who is not domiciled in Missouri but:

1. did have permanent living quarters in Missouri; and

2. spent more than 183 days of the taxable year in Missouri.

So that would mean I am already a resident? (my domicile is now in Missouri, right? even if I don't have a green card yet)

[Johnnie J 0]

International Drivers license is only valid for visiting purposes and with a maximum of 90 days use. If a State Troop pulls you over and you can't show you're just visiting you'll be in it for a good one. Cause then you'll be breaking the law, since you're in the adjustment status period.

I think everyone waits till they get their EAD then apply for the SSN and then get the DL. However some states allow you to get a DL before the EAD. It varies, most I've seen you must wait untill you have a SSN.

[payxibka 10,044]

So that would mean I am already a resident? (my domicile is now in Missouri, right? even if I don't have a green card yet)

That is entirely possible as the two do not need to have the same definition.

The nex thing would be... Good luck trying to getting a Missouri DL without a GC or EAD card

Edited October 6, 2008 by payxibka

[Cecile and Bryan 0]

Thank you all

Now I am going to check with the DMV to see how hard it is going to be :S

[YuAndDan 153]

USCIS considers you a resident when you get your green-card, before that and you are considered to be a NON-resident.

[Cecile and Bryan 0]

USCIS considers you a resident when you get your green-card, before that and you are considered to be a NON-resident.

I just went to the DMV and that is what they told me: that I will be a resident when I get my green card.

They also told me that if I apply for a DL before I am approved for the green card, or before I have my EAD, it would only be valid until the expiration date of my I-94 (end of that month). So I have to wait until I get the GC or the EAD.

And they told me that since I am not a resident yet, I can drive with my international license. Should I believe them?

[*JG* 2]

Here's the deal in MO....

You have to have a green card

You have to have a social security card

You have to bring along your birth certificate and passport

You have to bring one piece of postmarked mail, addressed to YOU (we used the welcome to America letter)

They will mail it to you since it is your first MO license.

It's a huge hassle and you'll hate every minute of it.

Did they say if you had to take the written and/or driving tests again?

And to make you even more excited about the future......your license will expire the same day as your Green Card. So, You will have to take the lifting of conditions NOA back and extend your DL for another year, and then take your 10 year green card back and extend it for what I am assuming will then be the normal 6 years. Can they make it any more difficult?

Hang in there.

Edited October 6, 2008 by Jomo's girl

[Cecile and Bryan 0]

You have to have a social security card

Apparently, no. they said I have to have either a social security card or a letter stating that I applied for one (which I have)

On this document http://dor.mo.gov/mvdl/drivers/idrequirements.pdf it just says that applicants for adjustment of status are eligible for license or permit and that the required documents are:

- immigration documentation indicating status and

- passport or employment authorization document

But from what they say, the "immigration documentation indicating status" is the one that says "you're approved, you're going to get your permanent resident card". which doesn't make much sense to me since then I would be a permanent resident and not an applicant for adjustment of status. To which they said that I will be a resident when I receive the card, not when I receive the paper.

Edited October 6, 2008 by Cecile and Bryan

[Cecile and Bryan 0]

Did they say if you had to take the written and/or driving tests again?

They didn't tell me (and I didn't ask, I assume I have to take all the tests)

Alright so let's say that I can't get a DL until I have EAD or a green card (which I believe is true). What about driving with an international license? yes, no, for how long? everyone seems to say something different...

[Johnnie J 0]

Did they say if you had to take the written and/or driving tests again?

They didn't tell me (and I didn't ask, I assume I have to take all the tests)

Alright so let's say that I can't get a DL until I have EAD or a green card (which I believe is true). What about driving with an international license? yes, no, for how long? everyone seems to say something different...

3 months it in the International DL website, I have it too.