can I drive?

[I AM NOT THAT GUY 5,715]

The difficulty is that it is not as simple as that. Some state's definitions of "you are a resident of this state if ...", particularly those with a large and tacitly tolerated population of illegal immigrants (I'm looking at you, Utah and California! ) are intentionally constructed with no consideration whatsoever for whether or not a person has federally-approved legal presence in the US. An illegal alien, or "undocumented immigrant" may very well be a resident of Utah, for the purposes of the DMV.

Per: http://publicsafety.utah.gov/dld/acceptable_id.html#residence

Right at the bottom...

Notice the use of the term "Utah Residency". If an illegal alien can be a resident of Utah for the purposes of the DMV, then a K-1 entrant with no real documentation can certainly be as well. And if a K-1 entrant with no real documentation is a state resident, they had therefore definitely better pay attention to what state laws say about whether and when state residents require local state driver licenses.

Correctamundo! The states are sovereign in their own right, and each has its own set of courts and laws, independent (and different) of what the Feds have.

Edited May 25, 2010 by ##########

[Rob and Jill 82]

1.Take Bob's advice and prepare for a lengthy and expensive court battle if you are issued a citation for driving w/out a license and/or get into an accident and your insurance company fails to pay out when they claim you are not a licensed driver

I would be very very careful on making assumptions regarding Insurance Law. Insurance Law varies from state to state. Furthermore who is and is not covered on a policy varies by company within the laws of the states.

Translation: Some accidents very well might be covered without a licensed driver because in some states the insurance coverage follows the CAR and not the driver.

Also, while come people are using CDL as an abbreviation for California Drivers License, it is actually and abbreviation for a type of license. Commerical Drivers License, meaning people who drive large Commerical Vehicles that require a certain endorsement to your state held drivers license.

[rsn 135]

I would be very very careful on making assumptions regarding Insurance Law. Insurance Law varies from state to state. Furthermore who is and is not covered on a policy varies by company within the laws of the states.

Translation: Some accidents very well might be covered without a licensed driver because in some states the insurance coverage follows the CAR and not the driver.

Also, while come people are using CDL as an abbreviation for California Drivers License, it is actually and abbreviation for a type of license. Commerical Drivers License, meaning people who drive large Commerical Vehicles that require a certain endorsement to your state held drivers license.

I made no assumptions.

[Rob and Jill 82]

or get into an accident and your insurance company fails to pay out when they claim you are not a licensed driver

That is an assumption. Unless of course you are a licensed insurance agent or claims specialist in the state in question and with the company of the fiance of the OP.

Edited May 25, 2010 by Rob and Jill

[rsn 135]

That is an assumption. Unless of course you are a licensed insurance agent or claims specialist in the state in question and with the company of the fiance of the OP.

I suggest you read my post again in its entirety before you take pieces of it out of context. I made no assumptions whatsoever and simply detailed a possible outcome. Nowhere did I claim that this will definitely happen in any specific case.

[Rob and Jill 82]

and/or get into an accident and your insurance company fails to pay out when they claim you are not a licensed driver

What part of you stating a claim (See quoted section) won't get paid if they are in an accident do you think I do not understand? You did not say the company MIGHT NOT PAY.

There is no misinterpretation. You were using what you felt would be an uninsured accident as an example. Your example is not correct. There are very very few times I put my foot down on this forum or anywhere else about being right. This is one of them.

Edited May 25, 2010 by Rob and Jill

[newlyweds2010 208]

Ok, so provided that I am not yet a LPR, that I arrived here 9 days ago, that my foreign driver's license is not in English and that for sure I don't want to get in trouble with the law for no reason, I shall probably set an appointment with the DMV asap.

What if I fail to do so within the first 10 days? I can try to set it today but not sure I'll get it for tomorrow. does it only mean that in the meantime I can't drive or will I incur further problems?

[I AM NOT THAT GUY 5,715]

Ok, so provided that I am not yet a LPR, that I arrived here 9 days ago, that my foreign driver's license is not in English and that for sure I don't want to get in trouble with the law for no reason, I shall probably set an appointment with the DMV asap.

What if I fail to do so within the first 10 days? I can try to set it today but not sure I'll get it for tomorrow. does it only mean that in the meantime I can't drive or will I incur further problems?

No rush, unless you want to drive after the ten day period. Some, like my wife, go years without learning to drive. We just renewed her permit for the third time. Maybe this summer I can find an instructor willing to take his life into her hands.

Besides, you need to study for the written test. Most folks fail it the first time, so don't be disheartened. The wife passed it the second time. We have yet to try the driving test.

[Usui Takumi 1,562]

Ok, so provided that I am not yet a LPR, that I arrived here 9 days ago, that my foreign driver's license is not in English and that for sure I don't want to get in trouble with the law for no reason, I shall probably set an appointment with the DMV asap.

What if I fail to do so within the first 10 days? I can try to set it today but not sure I'll get it for tomorrow. does it only mean that in the meantime I can't drive or will I incur further problems?

Unforunately, CA DMVs require an EAD to get a license (at least ours did). You might luck out and get a temp license using your I94 but I doubt it.

Edited May 25, 2010 by Sousuke

[I AM NOT THAT GUY 5,715]

Unforunately, CA DMVs require an EAD to get a license (at least ours did). You might luck out and get a temp license using your I94 but I doubt it.

We were able to get a learner's permit, but the ID card had to wait for her EAD. I think you can get an unverified temporary license without the EAD/LPR, but you are right about the permanent and official cards.

Edited May 25, 2010 by ##########

[newlyweds2010 208]

We were able to get a learner's permit, but the ID card had to wait for her EAD. I think you can get an unverified temporary license without the EAD/LPR, but you are right about the permanent and official cards.

are there limitations with the unverified temporary license, such as always driving with someone holding a driver's license, etc.? being in Southern California I would really need to drive, because here the saying is "I drive, therefore I am"

I just checked the closest DMV office appointment times, and I won't get one until June 30

[Usui Takumi 1,562]

are there limitations with the unverified temporary license, such as always driving with someone holding a driver's license, etc.? being in Southern California I would really need to drive, because here the saying is "I drive, therefore I am"

I just checked the closest DMV office appointment times, and I won't get one until June 30

He mentioned permit, so thats the limited version. If you had proof of US residency you could get a "temporary full license" with only the written test. That would be good for 2 months until you take the practical test.

Regarding DMV appointments try other areas. For instance, we sometimes go all the way to sacramento to get an appointment.

Edited May 25, 2010 by Sousuke

[Usui Takumi 1,562]

He mentioned permit, so thats the limited version. If you had proof of US residency you could get a "temporary full license" with only the written test. That would be good for 2 months until you take the practical test.

Regarding DMV appointments try other areas. For instance, we sometimes go all the way to sacramento to get an appointment.

Also I don't think you need an appointment to take a written test.....and definitely not if your just asking questions.

Edited May 25, 2010 by Sousuke

[I AM NOT THAT GUY 5,715]

are there limitations with the unverified temporary license, such as always driving with someone holding a driver's license, etc.? being in Southern California I would really need to drive, because here the saying is "I drive, therefore I am"

I just checked the closest DMV office appointment times, and I won't get one until June 30

I think the only difference is that it won't suffice as a legal presence document (or identification). You can always walk in and wait. There is always a long wait for an appointment. You drop in, do your written test, and if you have to make an appointment for a driving test, you can do that at the same time. Meanwhile, they will issue you a learner's permit so you can "practice".

[I AM NOT THAT GUY 5,715]

Whatever you find out, be sure to update us with the latest, because this does come up from time to time.