davelab6

I'm in the process of adjusting status to permanent resident. It seems one needs a SSN to obtain a driving license based on this:

dmv.ny.gov/driver-license/get-learner-permit

I gather that my UK driving license is valid while I'm still classed as a visitor to the USA, and that it will not be valid once I am a resident of New York State. So, I'm curious when my status changes from visitor to resident, and if I wanted to rent a car from Enterprise/Hertz/etc what their requirements might be?

hungryhorace

Once you file, and are approved, for your EAD - part of your I-485 package - you will be able to use that to obtain a SSN.

If you want to rent a car; just use your British DL.

davelab6

I read on some threads that in some states (like CA) I would be obligated to obtain the DL within 60 days of becoming resident. Does NY have such a requirement? I couldn't find any information on this for NY state.

Noorah101

Keep in mind that being resident for DMV, immigration, and tax purposes all have different meanings.

You should do your best to get a US drivers license as soon as possible.

Rene

Rete

You will become a resident as soon as your I-130 and I-485 package is sent and received by the USCIS. With or without a green card, NYS considers you a resident once you have applied for residency.

Pulaski

All states have some requirements - AFAIK CA is the shortest at 10 days, some states such as Texas are 90 days. I think NY is 30 days.

ETA Here you go! ..... "If you move to New York State and become a resident, you must get a NYS driver licensewithin 30 days."

Rete

From the NYS DVM site:

Exchange your out-of-state driver license | New York State DMV

Look at annotation #1

Residency is determined by intent and your intent has been shown by marriage and remaining within the state since December, 2015. 90 days of living in the state is considered proof that you are a resident and you have 30 days to get your license.

Of course, being an immigrant you do not have the necessary documentation to get a driver's license. You will need your social security number/card and you cannot get that until you have your employment authorization document/card.

So what do you use for driving while you are waiting, your UK license, which is valid, and hope you are not stopped for an infraction as little as a tail light that is out, by an officer that wants to be a hard nose.

themadpooper

I could be wrong but I'm pretty sure you're not allowed to marry on a visa waiver, that's basically against the rules so I wouldn't be counting your chickens just yet re permanent residency. That's a process you have to apply for and will take at least a year at the earliest even if you've done everything by the book which you haven't. To obtain an SS number/card you need to be on an the appropriate residency visa, not a visitor's visa, or have a green card, either of which you will need to supply proof of when applying for it at your local social security office

Zoe Bell

you are wrong

marrying on the visa waiver is allowed. entering on the visa waiver with the INTENT to stay is not. Hence the OP specifying that this was a spontaneous decision

Rete

You can most certainly marry in the US on a VWP. You do not need a visa to marry in the US.

If the wedding is spontaneous and without prior intent, you can also stay in the US and adjust status without having to leave the US.

Again, the issue is INTENT upon entry to the US. You need to learn a bit more about the nuances of US visa and immigration laws.

Again, the advice is incorrect. There are several ways to qualify for a Social Security Card. Having a residency visa or a green card are two such ways. An Employment Authorization Document is also a valid means of obtaining a SS#. This will come when the OP files the appropriate adjustment of status paperwork, i.e. I-130, I-485, I-765, I-131, etc. and receives his EAD in the mail from the USCIS.

Pulaski

As Rete said that is incorrect, and I did so myself. Though I did leave again and applied for a CR-1 a year later.

hungryhorace

In my experience (in MA) the cops just don't care. It's staggering to me how little interest they take in the immigration status of a person they've stopped. I doubt a police officer even knows what an I-94 is, so has no way of finding out when the OP would have entered the US other than the word of the person they had pulled over.

As I say, it's staggering both how disconnected everything is and how little the cops care.

Pulaski

Agreed absolutely. .... The problem will likely only arise if you get involved in an accident, then insurance companies get involved and they start asking questions even if the police don't (though the police might dig into the details if they're in a book-throwing mood), and you can find your insurance voided if you clearly flouted the law on getting a local license.

ian-mstm

You are. I suggest you read more and post less. Once you have a better understanding of the different processes and rules, I'm sure you'll become a valuable member... but you're not there yet!

Ian

davelab6

That's the link I was looking for! �

This is a really awesome forum, the archive of posts is really great Thanks everyone!