Can my Argentinian fiance drive in VA?

[sjhedquist 2]

Hello all -
My fiance's visa has been approved but we are still waiting for an interview appointment. I know that he will not be able to work for at least 3 months once he is allowed to enter the country, but he will need a car to get around while I am at work. My questions are: how long can he drive legally with an Argentinian driver's license? Can he borrow my car without being on the insurance policy? Can I add to my insurance policy in order to drive my car before we are married? For reference, I live in Virginia.

PLEASE help. Thank you!

[payxibka 10,044]

21 minutes ago, sjhedquist said:

Hello all -
My fiance's visa has been approved but we are still waiting for an interview appointment. I know that he will not be able to work for at least 3 months once he is allowed to enter the country, but he will need a car to get around while I am at work. My questions are: how long can he drive legally with an Argentinian driver's license? Can he borrow my car without being on the insurance policy? Can I add to my insurance policy in order to drive my car before we are married? For reference, I live in Virginia.

PLEASE help. Thank you!

50 states, 50 different sets of rules,  you need to check with Virginia DMV

[SuznAaron 121]

Hi we are also in Virginia. I am the USC. I added my fiance to the insurance policy before we were married with no problem. Just check with your insurance company. As for driving he will be allowed to sit for his drivers test both written and on the road if he holds a current valid license in his country. Once he passes the test he can be issued a Virginia driver's license and he can drive until his 90 days are up or until you receive the notification that you have filed to adjust his status. He can drive then an additional year until he gets his green card once you present the NOA to the DMV. 

Also, he is allowed to drive in Virginia for 60 days  only on his own county's license  once he moves here. 

[sjhedquist 2]

2 minutes ago, SuznAaron said:

Hi we are also in Virginia. I am the USC. I added my fiance to the insurance policy before we were married with no problem. Just check with your insurance company. As for driving he will be allowed to sit for his drivers test both written and on the road if he holds a current valid license in his country. Once he passes the test he can be issued a Virginia driver's license and he can drive until his 90 days are up or until you receive the notification that you have filed to adjust his status. He can drive then an additional year until he gets his green card once you present the NOA to the DMV. 

Also, he is allowed to drive in Virginia for 60 days  only on his own county's license  once he moves here. 

Thanks, that's helpful. I read on the VA DMV website that in order for "Individuals with a pending application for adjustment of status to legal permanent resident status" to receive a driver's license, he will need to show 1) USCIS form I-797 receipt or approval notice for an I-485 petition displaying applicant’s name and 2) Official letter from USCIS indicating that the applicant’s petition for adjustment of status to permanent residency had been reopened and restored to a pending status.

But you're saying he can get his license for 90 days just by showing his valid license from his country? Before we are married? And then it's valid until we present notification of AOS? 


And as far as adding him to my insurance policy, is that necessary before we're married? In other words - can he drive my insured car without his name being on the policy as long as he has some form of license (international or Virginia)? I hope that makes sense.

[SuznAaron 121]

1 minute ago, sjhedquist said:

Thanks, that's helpful. I read on the VA DMV website that in order for "Individuals with a pending application for adjustment of status to legal permanent resident status" to receive a driver's license, he will need to show 1) USCIS form I-797 receipt or approval notice for an I-485 petition displaying applicant’s name and 2) Official letter from USCIS indicating that the applicant’s petition for adjustment of status to permanent residency had been reopened and restored to a pending status.

But you're saying he can get his license for 90 days just by showing his valid license from his country? Before we are married? And then it's valid until we present notification of AOS? 


And as far as adding him to my insurance policy, is that necessary before we're married? In other words - can he drive my insured car without his name being on the policy as long as he has some form of license (international or Virginia)? I hope that makes sense.

He can get his drivers licence before you are married. You need to bring his passport, valid driver license from his country, and proof of address here in Virginia (example we had mail that was sent to him at our address). That will allow him to sit for his driver test. He will have to do the written test and on the road test. Make sure he knows the rules of the road here. 

 

I dont know about driving without adding him to your insurance. You will need to check with your company. We wanted Aaron on the insurance to help establish him here and of course for proof later to help show we are a legit couple.  

[Ontarkie 13,915]

~~Moved to Moving Here adn YOu New Life, from K1 P&P - As this topic come up in this forum often.~~

[RLA 323]

20 hours ago, sjhedquist said:

But you're saying he can get his license for 90 days just by showing his valid license from his country? Before we are married?

No, it's not quite that easy.  He will need to bring a few more documents: 

 

— his foreign passport

    (as proof of his identity)

— his I-94

    (as proof of his legal status)

— his Social Security Card

— 2 proofs of address

 

I don't think he can get a license or learner's permit before he gets his SSN. 

 

Once you're married and have filed for AOS he should bring the NOA1 instead of the I-94. 

[sjhedquist 2]

1 hour ago, RLA said:

No, it's not quite that easy.  He will need to bring a few more documents: 

 

— his foreign passport

    (as proof of his identity)

— his I-94

    (as proof of his legal status)

— his Social Security Card

— 2 proofs of address

 

I don't think he can get a license or learner's permit before he gets his SSN. 

 

Once you're married and have filed for AOS he should bring the NOA1 instead of the I-94. 

Forgive my ignorance because we’re relatively early in the process (awaiting interview instructions package), but what is the I-94?

 

What does he need to get his SSN?

[SuznAaron 121]

1 hour ago, RLA said:

No, it's not quite that easy.  He will need to bring a few more documents: 

 

— his foreign passport

    (as proof of his identity)

— his I-94

    (as proof of his legal status)

— his Social Security Card

— 2 proofs of address

 

I don't think he can get a license or learner's permit before he gets his SSN. 

 

Once you're married and have filed for AOS he should bring the NOA1 instead of the I-94. 

Actually you are wrong about the SS card. We just did this a couple of months ago and Aaron does not have a social security card yet. You dont need this in Virginia for the driver's license. 

[SuznAaron 121]

8 minutes ago, sjhedquist said:

Forgive my ignorance because we’re relatively early in the process (awaiting interview instructions package), but what is the I-94?

 

What does he need to get his SSN?

He does not need his social security card for Virginia. We just did this a few months ago. It is not required. The I-94 is on the front of his passport when he arrives. it tells when he entered and when his 90 days are up (arrival departure data)

Edited July 25, 2019 by SuznAaron
spelling

[sjhedquist 2]

3 minutes ago, SuznAaron said:

He does not need his social security card for Virginia. We just did this a few months ago. It is not required. The I-94 is on the front of his passport when he arrives. it tells when he entered and when his 90 days are up (arrival departure data)

Thank you for being so clear and for easing my worries!!

[jeanieCZ 228]

I have been researching this recently and found everything I needed at: https://www.dmv.virginia.gov/drivers/#eligibility.asp, look under "new residents". 

 

Knowledge exam: https://www.dmv.virginia.gov/drivers/#know_exam.asp

Vision screening: https://www.dmv.virginia.gov/drivers/#medical/vision.asp

Road skills test: https://www.dmv.virginia.gov/drivers/#roadtest.asp

Virginia Driver's Manual: https://www.dmv.virginia.gov/webdoc/pdf/dmv39.pdf

 

 

[RLA 323]

7 hours ago, SuznAaron said:

Actually you are wrong about the SS card. We just did this a couple of months ago and Aaron does not have a social security card yet. You dont need this in Virginia for the driver's license. 

Ah thanks, I didn't know that.

[Fr8dog 312]

Ok, just to mess everybody up some more:

 

Following is for Virginia (VA) only, it has been verified with insurance company, DMV, State trooper and local police as well as a former State inspector for insurance.

 

- You do not need a US license to drive while you are on a K-1.

According to VA rules, if you reside in VA you have 60 days to get a VA license, but the K-1 is the odd ball visa that technically is not an immigrant visa. Therefor you are technically not residing in VA (hope that makes sense). So for all intends and purposes you can operate with a foreign license.

- You can add an foreign driver to a VA policy when ever you feel like it (the mrs did this when I came over, she ran it up the flagpole in her office as she worked for the insurance company at the time.)

- if you apply for a license while on a k-1 but before your "adjustment of status" NOA, you license will be valid for the time left on your I-94.

- If you have a NOA the license will be issued for the expiration date on the NOA.

- Unless you have a NOA for the lifting of conditions, than you will get a license for the full 10 years (this is a relative new rule)

- You get to pay for your license whenever you renew it or have it changed. (that's why I waited for the I-795 on the AOS before getting mine).

- You will have to take both written and driving portion of the test. (Unless your license is from Germany, Korea and Japan if I remember correct).

- You can apply at any DMV throughout the state.