penguinbar

Hi. My husband would like to get his Drivers liscence. We filed for AOS from his K1 in October and he hs his SSN and EAD and AP. The DMV website said that you have to exchange your British licence within 30 days and he's been here longer but has not driven.but it also mentions being a resident. What if he's waited Is my husband considered a resident or non resident since his AOS is still pending? It mentions that if he is a resident he can't drive here on his UK licence. Anyone else in NY gone through this? Thanks

jeffreyhy

pb,

There's a difference between resident (small 'r') and Resident as in Lawful Permanent Resident as defined by the INA.

Your husband is now a resident of New York, and of the USA, although he is not yet a LPR.

Regards, JEff

meauxna

And don't let him turn in his UK license. It won't benefit him here and it will be a PITA to get back in the UK.

penguinbar

Should he just say he lost it? Can they refuse to give him a liscence if he doesn't turn it in?

meauxna

No. As he won't get any credit for turning it in, he should just not take it with him. They can't compel him to turn it in.. tell you what, hop up to the wiki to see if anyone has clarified this for NY, and then search the US forum. The topic is dicussed frequently, and the expats can give better examples of what to do in this situation.
I just know there is no reciprocity, he gets no benefit by turning it in, and finally, it is not his to surrender (belongs to the UKG).


It's a different situation from someone who has a license from another US state.

ian-mstm

It seems to me that a driver's license remains the property of the issuing agency... in this case, the UK equivalent of the DMV. He can surrender it if he wants, but the DMV can not force him to turn it over to them.

Ian

Nylon101

I actually went through the same thing- you still have to take both written and practical driving tests in NY so there is no benefit of him turning it in.

Rete

He is going to have to take the written test and the driving test in any case so there is no point in turning it in.

By resident they mean that he lives in NYS. He needs proof of that, i.e. utility bills, lease, etc. The website has a comprehensive list of what is needed from column A and column B. His EAD will be his proof that he is on the waiting list for PR and his license might be only issued for one year.

penguinbar

Hi.Did they ask you for your UK licence ? If they did what did you tell them? My husband said he doesn't want to turn his UK licence in either. Seems silly to me especially if you have to take the tests. Did you have to take the class and driving lessons as well?

penguinbar

His name is on the Con Ed bill. phone bill and cable bills along with mine as well as 2 joint bank accounts here. We have enough points we just want to figure out what to say if hey ask about his UK Licence .

ian-mstm

You tell them that the UK license is the property of the UK government. You tell them, that the US does not have the authority to take that UK license from him. If they give you a hard time, ask to see a supervisor... or go to a different DMV office. He does not need to surrender his UK license.

I don't understand why you're still concerned about this. Several people have already said as much, but for some reason you seem to dismiss what they've said and continue to look for answers which you've already received.

Ian

penguinbar

I just asked what to say if they ask him to turn it in. I am not dismiising anything but on the website for NY DMV it says the UK licence must be surrendered.I wanted to know what soemone else in NYC did in the same situation which you have not been in since you don't live in NY.They'll ask if he has a licence already. I am not dismissing anything anyone said and I don't want any problems in the middle of our AOS. I just didn't want him to be refused if he won't turn it in that's all. The people at the DMV are always incredibly rude on a good day.

LondonLondon2USA

I too am going through the same issues at the moment in NYS. I have lived in NY over a month and have to sort out a state driving licence. The DMV website isn't totally clear. If you go to the Q's and A's it states that you can drive on your foreign driving licence without a supervisor, when you have a NY learner permit. So it sounds to me like you can start the process, get the learner permit and then continue to drive on you foreign licence up until you pass the test. This is covered by Answer ID 406. Does anybody disagree?

I'm going to start the process next week and will certainly NOT be handing my UK licence over!

Bluegrass Lass

Most likely, they'll assume he's a new driver like anyone else that's coming in to take the tests. They won't assume he has a license at all. Esp since him having a UK license does not give him the ability to waive the tests in NY.

The simple answer is: You do not tell them about his UK license as it's not their business to know if he can drive in the UK.

ian-mstm

In case you were wondering, getting a driver's license has nothing whatsoever to do with your AOS.

Ian