drivers licence, legal status question
#31
Re: drivers licence, legal status question
the dmv here let you pay $2 to retake it the next day if you fail, but only once your over 19, if not you've gotta wait 2weeks....it took my wife longer to change her name at the dmv than it did for me to pass my test, since she hadn't changed her name at the social security office first....they messed about for about 2 hours with all her paperwork then told her she had to go there first. she wasn't impressed!
#32
Re: drivers licence, legal status question
No!!!
This myth keeps on being repeated.
What the CA law says is that once you become a CA resident you must get a CA driver's license within 10 days.
You do not need to prove residence in CA in order to get a CA driver's license (although you do need proof of lawful presence in the US and a social security number if you are eligible for one).
This myth keeps on being repeated.
What the CA law says is that once you become a CA resident you must get a CA driver's license within 10 days.
You do not need to prove residence in CA in order to get a CA driver's license (although you do need proof of lawful presence in the US and a social security number if you are eligible for one).
It is not a myth in NYS. You need to prove residency in NYS for a DL. You need to submit a lease or utility bill to show you are resident in the State.
#33
Forum Regular
Joined: Jul 2009
Posts: 232
Re: drivers licence, legal status question
The real myth is that you can drive on an overseas license when you are not a tourist. Entering as an immigrant shuts that door on you. You either get the appropriate state d/l or you drive without a licence. There is no well my UK licence should count because I want it to and it suits me licence.
In the overall scheme of things not exactly a hanging offence but certainly not without risk.
As someone who was hit head on by an unlicensed driver from abroad (hint we drive on the right here duh) I am personally not to happy about them being on the road. $170,000 of medical bills followed by almost two years out of work was not the best news I ever received. Unlicensed also meant they were uninsured. If they had a house I would have taken it by now along with all their other worldly possessions.
Worth the risk? Up to the individual I guess.
In the overall scheme of things not exactly a hanging offence but certainly not without risk.
As someone who was hit head on by an unlicensed driver from abroad (hint we drive on the right here duh) I am personally not to happy about them being on the road. $170,000 of medical bills followed by almost two years out of work was not the best news I ever received. Unlicensed also meant they were uninsured. If they had a house I would have taken it by now along with all their other worldly possessions.
Worth the risk? Up to the individual I guess.
Last edited by Family_Guy; Jun 15th 2010 at 3:53 pm.
#34
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: drivers licence, legal status question
#35
Re: drivers licence, legal status question
The real myth is that you can drive on an overseas license when you are not a tourist. Entering as an immigrant shuts that door on you. You either get the appropriate state d/l or you drive without a licence. There is no well my UK licence should count because I want it to and it suits me licence.
Driver's license threads usually go in the USA Forum.
I really dislike mixed-state discussions about DLs because *every state is different*.
Mandi's situation is very different from Ja5on's.
And most importantly, this point made by Family Guy... once you "move" to a state, you are a "resident" regardless of your PR status or lack thereof.
I think we should all be careful about reassuring people that they can do this, that or the other thing, especially if we don't have direct experience in their state.
Rumor has had it that California has become *very* tight with people driving on their foreign license; the ticket fees have been very welcome.
Proceed with caution.
#36
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: drivers licence, legal status question
The real myth is that you can drive on an overseas license when you are not a tourist. Entering as an immigrant shuts that door on you. You either get the appropriate state d/l or you drive without a licence. There is no well my UK licence should count because I want it to and it suits me licence.
Entering the US on an immigrant visa doesn't (in my opinion) necessarily make you resident in the US. There are, for example, people who come to the US to "activate" a particular visa and leave a few days later, go back to their home country to tie up loose ends there and return to the US to establish residence a few months later.
So, while I believe that what you are saying may well be true in many cases, the matter of "residency" for various purposes isn't nearly as clear cut as you appear to be suggesting.
#38
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: drivers licence, legal status question
I'm afraid I have to agree, and I probably should have posted to the thread sooner.
Driver's license threads usually go in the USA Forum.
I really dislike mixed-state discussions about DLs because *every state is different*.
Mandi's situation is very different from Ja5on's.
And most importantly, this point made by Family Guy... once you "move" to a state, you are a "resident" regardless of your PR status or lack thereof.
I think we should all be careful about reassuring people that they can do this, that or the other thing, especially if we don't have direct experience in their state.
Rumor has had it that California has become *very* tight with people driving on their foreign license; the ticket fees have been very welcome.
Proceed with caution.
Driver's license threads usually go in the USA Forum.
I really dislike mixed-state discussions about DLs because *every state is different*.
Mandi's situation is very different from Ja5on's.
And most importantly, this point made by Family Guy... once you "move" to a state, you are a "resident" regardless of your PR status or lack thereof.
I think we should all be careful about reassuring people that they can do this, that or the other thing, especially if we don't have direct experience in their state.
Rumor has had it that California has become *very* tight with people driving on their foreign license; the ticket fees have been very welcome.
Proceed with caution.
#39
Forum Regular
Joined: Jul 2009
Posts: 232
Re: drivers licence, legal status question
You have made this point several times and I understand what you are saying but I don't think that it as simple as you make out.
Entering the US on an immigrant visa doesn't (in my opinion) necessarily make you resident in the US. There are, for example, people who come to the US to "activate" a particular visa and leave a few days later, go back to their home country to tie up loose ends there and return to the US to establish residence a few months later.
So, while I believe that what you are saying may well be true in many cases, the matter of "residency" for various purposes isn't nearly as clear cut as you appear to be suggesting.
Entering the US on an immigrant visa doesn't (in my opinion) necessarily make you resident in the US. There are, for example, people who come to the US to "activate" a particular visa and leave a few days later, go back to their home country to tie up loose ends there and return to the US to establish residence a few months later.
So, while I believe that what you are saying may well be true in many cases, the matter of "residency" for various purposes isn't nearly as clear cut as you appear to be suggesting.
Those who enter the USA as an immigrant than return to another country are visitors to the country which they return. They are resident in the USA, unless of course you are saying that they are abandoning their status and by default their residence in the USA. If that is the case then a US d/l isn't really an issue for them is it?
The vast majority of people who enter the USA as an immigrant need to obtain a US licence within a specified period ( varies state by state) to drive legally. There is no loophole large enough to fit a car through not even a smart-car.
Even better tell it to the State Trooper at the side of the road who although is often better versed in licensing issues than his city/town compatriots is not really interested in immigration semantics and will be quite happy to arrest you and haul you off then let a Judge sort it out. Some time in the county jail is not an option most immigrants wish to exercise.
Playing footloose and fancy free based on the idea that it "might" be OK isn't really a solid plan for most people.
But as always each to their own according to their risk exposure tolerance.
#40
Forum Regular
Joined: Jul 2009
Posts: 232
Re: drivers licence, legal status question
Always provided of course that such a licence is valid and you have disclosed the material facts to the Insurer. Expect to pay a substantial loading for anything other than a vacation rental. Also watch out for a rider which increases the deductible and limits the coverage levels. It varies company by company.
#41
Re: drivers licence, legal status question
I arrived in CA on 30 January, my SSN didn't come until 15 February, I couldn't apply for my license without my SSN, so the 10 day rule for getting the license was impossible.
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
It's not mandatory to apply within 10 days if you don't intend to drive a car. Just as you don't need a passport if you don't intend to fly.
#42
Re: drivers licence, legal status question
Grrrrrrrrrrrr well I'd be happy to get the California DMV steer if I could actually find somewhere to email them. Anyone communicated with them via email previously? I just can't see an email address anywhere!!
#43
Re: drivers licence, legal status question
If you need items as proof of residency (which it sounds like you do not), usually any official type mail to your CA address does it.
For Oregon, for example, DH used the Social Security letter he got. He didn't have any utility bills or anything.
#44
Re: drivers licence, legal status question
Thanks M. just wanted to know what do I need to be legally driving in California. It's doubtful that I will have any official letters to the address there as I'll be there a relatively short time - we've to be in Hampton for 1st October having completed the big drive back.
Actually bring me to another point which is related but a little off topic. What address do I give the POE? I was thinking Hampton as it will be my home address as of 1 October, however what do I give the folks in Cali when applying for my SSN. Or would it matter if I waited until I get back to Va. to apply for that and make life easier!?? Or, should I get a SSN in Cali and simply change the address when we arrive back. Sooooo many questions, so little time!
Actually bring me to another point which is related but a little off topic. What address do I give the POE? I was thinking Hampton as it will be my home address as of 1 October, however what do I give the folks in Cali when applying for my SSN. Or would it matter if I waited until I get back to Va. to apply for that and make life easier!?? Or, should I get a SSN in Cali and simply change the address when we arrive back. Sooooo many questions, so little time!
#45
Re: drivers licence, legal status question
Thanks M. just wanted to know what do I need to be legally driving in California. It's doubtful that I will have any official letters to the address there as I'll be there a relatively short time - we've to be in Hampton for 1st October having completed the big drive back.
Actually bring me to another point which is related but a little off topic. What address do I give the POE? I was thinking Hampton as it will be my home address as of 1 October, however what do I give the folks in Cali when applying for my SSN. Or would it matter if I waited until I get back to Va. to apply for that and make life easier!?? Or, should I get a SSN in Cali and simply change the address when we arrive back. Sooooo many questions, so little time!
Actually bring me to another point which is related but a little off topic. What address do I give the POE? I was thinking Hampton as it will be my home address as of 1 October, however what do I give the folks in Cali when applying for my SSN. Or would it matter if I waited until I get back to Va. to apply for that and make life easier!?? Or, should I get a SSN in Cali and simply change the address when we arrive back. Sooooo many questions, so little time!
You're flying into VA in early July, jumping in the car and driving to California.
You'll stay in California until .. September?
Honestly? You're "just visiting" in CA. Regards your DL, my gut feeling is that you are just fine. You just need to be clear that your residence is IN Virginia. You and your spouse will be visiting California.
If I went to California for 3 months, I would not apply for a driver's license there. I live in Oregon. See?
Regards your SS#, you should not have a problem applying in California at the office closest to you, as long as you apply within the first 76 days of arriving and have a secure mailing address.
You could also rush and put your application in in VA but you may be delayed in actually getting your card + number.
You do NOT update your address with SSA after you get a number. They don't 'track' you that way.
The application form for your SSN is SS-5, available at ssa.gov so you can see what evidence you need. You definitely need to apply in the first 76 days, if you enter as a K-1 (only knock the first 10 days off so your POE data is entered in the system)