Logic to delaying drivers license

[Moon&Stars 172]

Hello VJ friends!

I wanted to double check my logic on this one and see if I'm missing something or it's a bad decision...

We live in PA - here you can drive on a foreign license for up to one year. Unless you are a legal resident, then you have 60 days to update your license.

Our I-94 expires in a week, we have applied for AOS and just had the biometric appointment. Right now EAD estimates are mid-November. 😰

 

I'm thinking that we should delay applying for his US driver's license until we receive the EAD. My logic is that, if we obtain it now, it will expire soon with the I-94. Then he will have an expired US license and probably could no longer driver on his foreign license since they US system would probably think he instead is driving on an expired US license. It would make him stuck. BUT if we wait until the EAD, then they can just keep renewing the license with the EAD expiration dates and then the greencard expiration dates. So my logic is that not having a US license allows him to drive while we wait but if we apply for one now, he will be stuck without being able to drive for a period.

 

Am I missing something or does this sound like a good plan?

 

As an aside he got pulled over a couple of weeks ago for a headlight that was out and they didn't have a problem with his foreign license, so I know he's ok to drive on that! 

[p-ana 933]

You may be looking for the rules for visitors and once he got here with a k1 visa he isn’t a visitor and can’t rely on his foreign license for long. 

if his i94 expires in a week, he’s way past using the foreign license and definitely need the States one. Check with the states dmv but most likely the best situation is to wait out for ead to get a license valid for longer.

 

Being stopped and having no problems this once should not be a sign that he’s ok driving on his foreign license

 

 

 

 

[Falcon Cara 378]

I would get him a State issued ID if that is an option,  I would also get him a state issued fishing licenses, both of those can serve him for ID's.

 

I would just let him drive on his home country Driver Licenses, cops don't know immigration rules/laws, all they care about is if you have a DL and insurance from what I have seen

[Crazy Cat 41,980]

2 minutes ago, Falcon Cara said:

I would get him a State issued ID if that is an option,  I would also get him a state issued fishing licenses, both of those can serve him for ID's.

 

I would just let him drive on his home country Driver Licenses, cops don't know immigration rules/laws, all they care about is if you have a DL and insurance from what I have seen

But they would immediately see that he is a resident (fishing license), but  driving on a foreign license.....might raise questions...

[Nits27 2]

If the cost to renew a license are low, then best to just renew once able to do so 

[Boiler 45,659]

Lots of things you can get away with, just do not get stopped by the Police or get involved in an accident.

[alun 73]

Is NOA 1 accepted in PA as proof of legal presence ? if yes ,and you want an American picture Id , use that to apply for a DL . In MI I did just that ,but they verified me in the SAVE database. It took me 4 visits to the DMV .  

[Crazy Cat 41,980]

7 minutes ago, alun said:

Is NOA 1 accepted in PA as proof of legal presence ? if yes ,and you want an American picture Id , use that to apply for a DL . In MI I did just that ,but they verified me in the SAVE database. It took me 4 visits to the DMV .  

NOA for submission of the I-485 is evidence of "authorized stay"...but not legal status.  From what I see, in PA (for a drivers license) , you'll need an EAD along with the NOA.  Perhaps @geowrian has the answer for PA drivers licenses.

 

From http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL Publications/pub 195nc.pdf

 

[geowrian 22,337]

40 minutes ago, missileman said:

NOA for submission of the I-485 is evidence of "authorized stay"...but not legal status.  From what I see, in PA (for a drivers license) , you'll need an EAD along with the NOA.  Perhaps @geowrian has the answer for PA drivers licenses.

 

From http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL Publications/pub 195nc.pdf

 

PA is a pain in the ##### but is actually fairly lenient for legal aliens compared to many other states...

 

My wife got a driver's license while still in K-1 status via her passport (with K-1 visa and admission stamp) + I-94 + SSN + residency evidence + marriage certificate + my birth certificate. They refused to issue the license until after marriage...I thought it was a mistake on their part but I verified that is the requirement for PA. Same for evidence of me being a USC. The license expired 90 days from entry into the US.

 

She then went back to the DMV once she filed for AOS. She was still in K-1 status at the time - this was crucial. They issued the new license valid for 1 year.

I know it says "status", but I think that's a misnomer as they accept an EAD (see below), biometrics notice, etc. which can indicate a lawful presence instead.

 

She returned again as that year completed. They issued her a new license valid for 1 year from when the EAD was issued....which got her a few more months, but that was it.

 

Once she got a green card, she returned again and got a license valid for 2 years (when the green card expires).