can I drive?

[newlyweds2010 208]

I can see where you are coming from. I just get the feeling they'd check or not believe me or what not. But that is a more logical solution.

Is there a way the police offcer can ask to see your passport? in that case, I would find it hard to justify a K1 visa glued into it with a short vacation.

the questioning could be much longer and be like

"Are you visiting?

Yes from England (or Italy or Germany or whatever)

How long are you staying?

Whose car is this?

Can I see your ID?

etc. etc."

[woki1986 1]

Is there a way the police offcer can ask to see your passport? in that case, I would find it hard to justify a K1 visa glued into it with a short vacation.

the questioning could be much longer and be like

"Are you visiting?

Yes from England (or Italy or Germany or whatever)

How long are you staying?

Whose car is this?

Can I see your ID?

etc. etc."

That's where my problem and worry lies. Once I drive I'd carry my passport. I don't carry it around with me as I have my UK driving license for ID. But the visa of course is in my passport. It would show right away that you're not just visiting.

[newlyweds2010 208]

That's where my problem and worry lies. Once I drive I'd carry my passport. I don't carry it around with me as I have my UK driving license for ID. But the visa of course is in my passport. It would show right away that you're not just visiting.

The main problem is that it is not clear as of who is considered a resident and who is not. a couple of weeks ago I called the DMV, the operator repeated the whole thing that you're a resident if you have a mortgage, vote here, pay resident tuition fees,etc. to which I kept repeating "no, no, no" because I don't vote (I'm a foreigner, where in the world could I vote?), I don't have a mortgage, I don't go to school and don't pay any tuition, etc.

Then, said the operator, you're not a resident and can use your foreign license. Apparently too easy and totally wrong: if you read the link to that other thread a few messages above, you can see how it is handled: you go to court and they dismiss you criminal charges if you plead guilty and pay $ 1000.

I don't have $ 1000 to throw down the drain at the moment, and I don't want to plead guilty simply because I am driving with a license that I got after passing a test that is a little bit more difficult than here, where a DL is given to every monkey that applies (provided that she's a resident with a valid work permit).

Therefore I will not drive until I get a valid license, be it next month or next year.

[Harsh_77 716]

Yes - legally you are required to carry your passport with VISA stamped in the passport all the time with you.

If you have your GC then you are required to carry that or your passport with VISA in it.

Also someone telling you, you can drive for year is wrong, you can only drive for year subjected you have international driver's permit (IDP) from your home country.

Other then that each state has it's onw laws which are little bit different, so follow the laws of your state.

[woki1986 1]

Yes - legally you are required to carry your passport with VISA stamped in the passport all the time with you.

If you have your GC then you are required to carry that or your passport with VISA in it.

Also someone telling you, you can drive for year is wrong, you can only drive for year subjected you have international driver's permit (IDP) from your home country.

Other then that each state has it's onw laws which are little bit different, so follow the laws of your state.

Here is the email that I got from the people at dol.wa.gov:

Washington State law, RCW 46.20.025 (2)©, authorizes a "non-resident" to drive in Washington with a valid driver license issued by the driver's home country for up to one year.

You would be considered a "resident" of Washington State if you registered to vote in this state, received benefits under one of the Washington public assistance programs or declared residency for the purpose of obtaining a state license or tuition fees at resident rates.

When you are ready to apply for a Washington driver license, you will be required to take the written and drive tests.

You will be required to provide proof of identity.

You are not required to provide proof of residency.

The following is a link to the documents that are accepted for proving identity: http://www.dol.wa.gov/driverslicense/idproof.html

Outside of these lists, we cannot tell you if a document will or will not be accepted.

That decision is at the discretion of the licensing representative you meet with at the driver licensing office.

When you go to the licensing office, bring what documents you have and/or can obtain, and ask to speak to a Document Specialist to have them review your documents to see if they are acceptable.

End of email.

I interpret that as, as long as I don't have my Green Card I can drive as long as I have a valid driving license from another place. My UK license expires in 2013. So I'm good. I'll get a green card hopefully within the next six months (estimated), however until then I can drive as a non-resident without taking a knowledge test and driving test for a Washington State driving license.

[HeatDeath 430]

Washington's residency definition and drivers license laws sound very reasonable and easy to work with. Other states' residency definitions and drivers license requirements can be much more unreasonable. Utah's is kinda vague. California's is downright Kafka-esque.

[Nich-Nick 3,353]

That's where my problem and worry lies. Once I drive I'd carry my passport. I don't carry it around with me as I have my UK driving license for ID. But the visa of course is in my passport. It would show right away that you're not just visiting.

Like I said before, I don't think a state patrol officer or a city cop would know what the heck a K1 visa in your passport was. I don't think they would look past your photo page. They are not ICE or the Border Patrol. And the highway patrol guy only looked at the UK driving license, and did not ask to see a passport. I'll admit if he had been from Mexico and was in Texas, it could have been a different scenario. Isn't that whole Arizona controvery over passing a law allowing police officers to ask a person's immigration status? Don't know much about it, but it tells me it's basically illegal elsewhere to ask that question on a traffic stop.

And my thoughts at the time my husband drove on his UK license were-- A K1 visa gets you 90 days in the US in which to marry. No marriage, you go home. Apply for AOS and get denied--you go home. A K1 visa is not an immigrant visa that guarantees you residency. So I think you are very much visiting, especially in that first 90 days. As far as insurance goes (and it may vary by state) in Texas your CAR is insured, not the driver. If I give permission for a person to drive my car, it is covered. I verified that with my agent. He said to leave my husband off the insurance as a named driver until he got a driving license, but that the car was covered.

A positive note on the traffic ticket. It didn't go on his driving record because it was the UK license. We went to pay the fine and then afterward drove to the licensing place because he had EAD by then. He passed written and driving that day and got his TX license.

[Vivi6 12]

Thank you for all your answers. I think I won't drive until I get a CDL. I can't afford to go to court at this point, I don't want to end up with a conviction for a misdemeanor (this is what driving without a valid license is) which could possibly affect my subsequent AOS and for sure my admission to the Bar Association.

Too much of a risk, although living in Southern California I would really need to drive.

The funny thiung is that I've been driving for more than 12 years in Europe, never had an accident, never got a ticket, and got my license in a place where the exam is surely harder than the one here in California.

Ridiculous, but it's the law.

Just wait until you see the CA booklet you have to study to pass the test...it's like 1/10 of the Italian one...the test is a joke (at least it was to me).

I was lucky because I was here on a J1 visa in 2007 so I got my DL back then. Don't ask me why, but at the time they gave me a FULL 4 YEARS validity on my DL despite the fact my i-94 would expire in 12 months. So, when I moved, I already had one and I am still using it.

As far as I know the DMV told me the same thing when I went to inquire about it. They said as long as you have insurance on your car you can drive with your European DL as long as you carry the passport. I was even pulled over once, and didn't get in any trouble. Driving is up to you, but if your Italian (/European) license is valid just as your passport, I doubt a lot of cops actually can spot the difference between a tourist and a k1 visa.

-DISCLAIMER- This is just my 2 cents. I was pulled over and I was ok, but maybe I was just "lucky". They give you tickets and send you to traffic school for much less here (like "Making a left turn ignoring an INVISIBLE ISLAND" quote from the officer that gave my husbamd a ticket...).

BTW, definitely go get a Social Security Number asap before your i-94 expires. You don't need it for AOS but it's just one of those things you should be taking care of now that you have time (and also because being a male you won't have the hassle or changing the card later with your "married"name )