# Driving License



## thewhip4 (May 27, 2019)

Hi there,
I am trying to figure out whether my husband is allowed to drive in America.
We will be getting married in the courthouse in September (I am an American, and he is a British Citizen).
We were wondering whether he would have to wait for work authorization (4-7 months) before he was allowed to drive, or whether he is allowed to drive even though he is not allowed to legally work.
We are based in Tennessee, if that helps matters.
Any legal advice, or knowledge in this matter would help us tremendously. Thanks in advance!


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## Crawford (Jan 23, 2011)

From the Tennessee DMV Website:

_New Residents
New residents or those returning to Tennessee and holding a driver license from another state *must obtain a Tennessee driver license no later than thirty (30) days* after establishing residency. New residents will need to go to any of our full-service driver service centers that are located throughout the state. New residents holding a valid learner's permit from another state must meet separate requirements to obtain a Tennessee learner permit or driver license._


Having the ability to work is irrelevant to whether you can drive.

https://www.tn.gov/safety/driver-services/classd/dlnew.html


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## thewhip4 (May 27, 2019)

*thewhip4*

Okay, I think I understand.

Does establishing residency mean marriage in this circumstance? If on the paperwork we write down where we are living, that is classified as 'residency', so theoretically speaking, the day after the marriage he is fine to go to the DMV and get his license?

Sorry for all the questions!

Thank you for helping out!


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## Bevdeforges (Nov 16, 2007)

Normally, residency means only "taking up residence" in the simplest sense of that phrase. If you're currently living together before you get married, he is becoming resident. I don't believe he has to wait until the marriage takes place as long as he is residing in the US (and it probably would help if he has some form of visa, though that's not always necessary).


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## thewhip4 (May 27, 2019)

Okay that's really helpful, thank you. He does have a visa but it runs out in the next few months.

It says on the TN DMV Website that you have to have two types of 'proof of residence' - i.e. Utility Bills, etc. Since all of those bills are in my name, I'm not too sure how to provide proof that he is living with me until we go to the courthouse, where I figure the documentation that we hand in will provide that.

If there's a way to allow him to drive before the marriage, and not have to go back to the DMV after the marriage, that would be even more preferable...


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## Bevdeforges (Nov 16, 2007)

It may depend a bit on what sort of visa he has at the moment.


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## thewhip4 (May 27, 2019)

He currently has a J-1 Visa. He spent a few years with me in Nashville, before going back to England to get a Master's Degree. He is on a J-1 Visa in NY at the moment, and will come down to Nashville after he's finished work.

With that being said, from what you're saying, he should be able to get his driving license (he had one the entire time before leaving) when we have documentation 'proof' that he is residing in TN - until we get married and have that documentation, where we can provide documentation of my residence (and bills, etc.) as the spouse, I'm not sure what forms of legal documentation he can bring to the DMV in order to prove that he is living here. So I imagine it would require that signed documentation from the courthouse?

Thanks for taking your time to help answer all these questions!


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## Crawford (Jan 23, 2011)

thewhip4 said:


> Okay, I think I understand.
> 
> Does establishing residency mean marriage in this circumstance? If on the paperwork we write down where we are living, that is classified as 'residency', so theoretically speaking, the day after the marriage he is fine to go to the DMV and get his license?
> 
> ...


Yes.....


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## twostep (Apr 3, 2008)

What he had is irrelevant.

J1 is tied to his educational program in NY. Unless you start AoS he will be out of status. 4-7 months for AoS is a very positive outlook. You do not establish legal residence by moving somewhere.

https://www.tn.gov/safety/driver-services/classd/dlnew.html


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## fridges (Sep 5, 2016)

If he has a valid UK license then he can drive but will have to obtain US license as stated above.


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## twostep (Apr 3, 2008)

fridges said:


> If he has a valid UK license then he can drive but will have to obtain US license as stated above.


He will be well past the one year limit.


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## gairloch (Jun 24, 2011)

TN DMV
He will need to show lawful temporary residence (or permanent residence) IAW the TN DMV link above.

 Proofs
He will need to show the required proofs - they need to be originals.

Am I assuming the OP wanted her spouse to exchange his UK for a TN lic? (that not gonna happen imho - he'll need to take all 3 tests (vision, written, practical) as TN does not exchange with the UK (or with anyone that I can find) -actually I'm pretty sure no state exchanges with the UK). Call them and ask to be sure...


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## kimmichanga (Jun 13, 2019)

I'm an American citizen, currently living in Jupiter, FL. I've lived in both Georgia and Florida and had driver's licenses in both states. I've never had a license in TN but the terminology is all very similar. In my experience, the term residency simply means, "proof that you live in the state." It has nothing to do with work status, marriage status, and up until recently did not even relate to immigration status. Of course, I believe that most states have now changed the immigration status requirement. So your husband would almost certainly need to provide his Visa in addition to "residency" documents. The DMV needs either a rental lease, mortgage document, utility bill, credit card bill, bank statement, or something similar (probably a list on their website) that has your husband's name associated with an address in the state. Marriage is irrelevant for DMV residency purposes. If you call any of the utility companies right now, as long as you are the account holder, you can simply add your fiance's name to the account. The bills will then have both your name and his name on them. These bills will then meet the requirement to prove "residency" in the state of TN. It's that simple. Besides the obvious water, power, and phone utilities, the cable provider, Comcast, is also considered a utility in Florida so maybe Tennessee too?


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