Local Driver's licence while on K1 with AOS pending

[Teya 4]

As you can see I went through the K1 route and am right now married, waiting for the AOS to be processed. However, there seems to be one issue with getting a local driver's licence. I have a Lithuanian licence that is valid for nearly ten years and California DMV states that as long as I'm not a resident I'm able to use it legally. However, I have filled for AOS and as part of showing that our marriage is real I should get my name on the rental property contracts to show the mingling of our finances. If I do that, and once I pay the first utility bill, I become a resident, which means I have ten days to get a Californian driving licence, which will not be issued to me as I will not have any document to show that I'm here legally and till when.

Anyone else has encounetered the same issue in California recently?

The way around it would be not to put my name when renting a place, but then I would have to make sure I don't become a resident in some other way by using some other 'privelege' (like paying bills are apparently priveleges), and I would have to also find a way to proof to USCIS that our finances are not seperate.

Any ideas anyone?

Teya

[DebWa 26]

Is there any way you can get an international driver's license? I don't know about CA but in IN it is valid for 1 year which should give you enough time to get your documents proving that you are a resident

[Darnell 8,478]

ya, sorry, it's a catch-22 for folk adjusting status from a K-1 visa.

However, AOS not require such big proof of comingling finances, like the ROC set requires.

Bear that in mind as you're making plans on what to do.

[NigeriaorBust 4,087]

Once you married and moved in with your spouse you need to be on the insurance for the car and to have a California drivers lic. If you get pulled over without both you will get ticketed and the insurance company will either cancel you or seriously raise your rates. Leave the driving until after AOS although I don't remember having that issue when we went for a licence.

[Teya 4]

ya, sorry, it's a catch-22 for folk adjusting status from a K-1 visa.

However, AOS not require such big proof of comingling finances, like the ROC set requires.

Bear that in mind as you're making plans on what to do.

Yeah, at this point it does not require anything it's only if we are invited to the interview that we will need to bring all of that evidence, and judging from the timelines we will as everyone going through San Jose have to.

Anyway, what would you suggest doing? I guess getting all of those documents now would be the best way so that I could show the CONTINUOUS comingling once I need to go through ROC right?

[Teya 4]

Once you married and moved in with your spouse you need to be on the insurance for the car and to have a California drivers lic. If you get pulled over without both you will get ticketed and the insurance company will either cancel you or seriously raise your rates. Leave the driving until after AOS although I don't remember having that issue when we went for a licence.

Hey,

Sorry but this raises more issues than it answers for me. I am married and living in CA with my husband, none of us are residents, however, we are driving a car that is registered in my father-in-law's name and insured by him. Is it a problem right now or will become an issue once I'm a resident?

From what I read on the other forums however, I'll be able to get a driving licence once I show them the EAD, so hopefully that's going to solve the problem.

[NigeriaorBust 4,087]

When it comes to a car you get insurance and it names the household members covered. Any member not named is uninsured. You can loan the car to someone else and your insurance would cover gaps in the other persons insurance ( you are supposed to know that person is insured and licensed before loaning the car ) Years back some California K1 newly wed got a very expensive ticket for driving more than 10 days after "moving" to California. The law about residence is worded to "trap" college kids who may think they still reside out of state with their parents. When Joseph arrived I had several interested logic discussions about where he resided with clerks. Went kind of like See here is his passport , here is the visa that lets him come live here. The only place he sleeps is California just where do YOU think he resides ? Usually we got through to the clerk.

[Boiler 43,676]

Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to non residents.

[NigeriaorBust 4,087]

Actually the clock for his resident tuition started the day he starting living in the state. ( the day he arrived )

[Teya 4]

Actually the clock for his resident tuition started the day he starting living in the state. ( the day he arrived )

My husband just made a good point. Think about it, if I enter the US in NYC and then fly to Washington and then to CA. My first point of entry is NY but that does not make me the resident of that or any other of the three states, because entering the country is a federal thing and not specific to any state.

This law is specifically based on getting benefits or voting (which obviously I cannot do at the moment), getting into a country is not a benefit, geting K1 approved is but is not state specific.

We went on the road trip for our honeymoon recently and the person whose car I was driving called the insurance company to ask if it would be okay if I was driving (I have a foreign valid licence and obviously my name was not on the insurance), they confirmed that it is fine.

[rascalflatt 6]

Hey there

This is really simple...apply for your EAD and when you get it, use it to get your CA drivers license.

[khwaidee1 196]

Hey there

This is really simple...apply for your EAD and when you get it, use it to get your CA drivers license.

Agreed. However, the license will only be valid as long as the EAD is. Additionally, the DMV will require a SSN with the name matching your EAD. My wife until she got her GC to get her license (the EAD/AP card arrived the day before our GC interview). The EAD or GC will be needed to shoe you are a legal permanent resident.

[Jeannie & Al 18]

My husband just made a good point. Think about it, if I enter the US in NYC and then fly to Washington and then to CA. My first point of entry is NY but that does not make me the resident of that or any other of the three states, because entering the country is a federal thing and not specific to any state.

This law is specifically based on getting benefits or voting (which obviously I cannot do at the moment), getting into a country is not a benefit, geting K1 approved is but is not state specific.

We went on the road trip for our honeymoon recently and the person whose car I was driving called the insurance company to ask if it would be okay if I was driving (I have a foreign valid licence and obviously my name was not on the insurance), they confirmed that it is fine.

I think you are probably fine too...this whole thing is a bit confusing though.

We have similar questions - we're in NJ. We were married last month and have filed for AOS. He has an int'l driver's license. My insurance company told me while he was visiting that as long as he has his own insurance back home in the UK, it was okay if he was driving my car here and got in an accident - the car would be covered. Our plan was once we got the EAD, hopefully in January, we'd apply for the license then and have his car sold then and get rid of his insurance over there...I'm wondering if I should double check with the insurance company now that he's a resident if anything changes or just lie low...hmm.

[steviedj 0]

I think you are probably fine too...this whole thing is a bit confusing though.

We have similar questions - we're in NJ. We were married last month and have filed for AOS. He has an int'l driver's license. My insurance company told me while he was visiting that as long as he has his own insurance back home in the UK, it was okay if he was driving my car here and got in an accident - the car would be covered. Our plan was once we got the EAD, hopefully in January, we'd apply for the license then and have his car sold then and get rid of his insurance over there...I'm wondering if I should double check with the insurance company now that he's a resident if anything changes or just lie low...hmm.

Hey, I'm from the UK, got married in NJ in May of this year and live here in NJ. My wife wanted to add me to her car insurance and, as it was up for renewal anyway, called around several insurance companies. There weren't many that said that they would insure me on my British Drivers Licence. In fact, Geico turned out to be the only one that said yes. They also told my wife that I have 1 year from date of entry to use my British Drivers Licence - after that I would need an NJ licence.

I went to the DMV with my EAD to try and get an NJ Drivers Licence but was turned away because they told me that I needed to have my Green Card. Now, you should be able to get a Drivers Licence with the EAD, but I went to 3 DMV locations and was told the same thing by all of them. I will go back in a couple of weeks and keep trying.

[Boiler 43,676]

Most unlikely NJ give you a year.

http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

New residents have 60 days.