# New to California on E3 visa - Can I drive?



## metaverse (Nov 13, 2021)

I moved to California a week ago for a job and I'm pretty confused if I or my wife (on E3D visa) can drive here.

I'm aware that if I'm consider California resident I wouldn't be allowed to drive using my Australian driver's license after 10 days of being here. So the key here is to determine if I'm a "California resident".

According to the info on the DMV website, I seem to be a resident as I'm "employed" here. However I heard some Aussies here told me they could drive when they got here due to the 183 day rule (I heard like they weren't consider residents in their first 183 days in California) but I couldn't find details now about that. Can anyone with experience shed me some light?

In case I'm a resident, would my wife be considered resident too? She's on E3D and does not intend to apply for work authorisation here.

Thanks!


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## Moulard (Feb 3, 2017)

Yes, you are a a resident of California for the purposes of requiring a CA DL.

Your wife may be too if you are renting a property in both of your names or took children with you who have enrolled in a local school.

I don't think she becomes a resident just because you are, but one would have to dig into CA Regulations on this matter.

Given it sounds like you have recently arrived, you can probably wing it for a while, particularly if you had the presence of mind to get an International Drivers License before you left Australia, but CA being what it is, once you buy and insure a car you risk having your Australian license confiscated.

I would arrange to get a CA DL sooner rather than later.


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## Bevdeforges (Nov 16, 2007)

That 10 day thing is rarely (if ever) enforced in California - unless you do something spectacular to come to the attention of the state authorities. But most states have a 30 day rule that they apply to people who move in from another state.

The whole notion of whether or not someone is "resident" in California (or any other state) usually hangs on the notion of what your intention is. If you are planning on staying for the longer term, then yes, you are "resident" from the moment you arrive. However, how you "prove" what your intentions are is anyone's guess. Many folks delay getting a local license until they have moved into their long-term home - usually within a month or two of arrival. Unfortunately, California does not seem to have any reciprocity to allow for license exchanges - you'll both have to take at least the "written" test, so pick up a copy or find online whatever booklet they base the test on. (The US tests are remarkably easy in most states - certainly the "theory" or written tests.)


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## Crawford (Jan 23, 2011)

Yes you are a resident of California. (you've moved here to work)
The rule is to get a Californian driving license within 10 days of arrival. That is impossible from a practical view point - however, you need to organise the driving and paper test *AS SOON AS POSSIBLE *with your local DMV office as, if stopped for any reason, the police can fine you for driving on a foreign licence. 
You, then, carry the paperwork detailing your upcoming appointment with you at all times.

Try quoting rule 183 to a local cop if you get stopped ....  

Yes, your wife is resident too and she needs to get her driving and written test organised.


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## metaverse (Nov 13, 2021)

Thanks everyone for the replies. Seems that it's right that my wife and I are already considered "resident". We're hoping to get our driver's licenses soon. Just that I'm 3 weeks away from the appointment to apply for my SSN and my wife perhaps needs to get a kinda document to prove that she's not eligible for SSN in order to book driving test (and the "written" test) so things seem far from our reach for now.

I guess hoping to get SSN soon is the only thing I can do now.


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## Bevdeforges (Nov 16, 2007)

To file taxes in the US your wife will need to have an ITIN (which is in the same format as a SSN). 




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Individual Taxpayer Identification Number | Internal Revenue Service


The Individual Taxpayer Identification Number (ITIN) is a tax processing number the IRS issues to people who cannot get a social security number so they can comply with U.S. tax laws.




www.irs.gov


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## metaverse (Nov 13, 2021)

@Bevdeforges My understanding is she wouldn't be able to apply for ITIN before we lodge our first tax return in US is that right?


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## Bevdeforges (Nov 16, 2007)

Check with the local motor vehicle registry or California AAA office. You're far from the first new arrivals to have this problem, so I'm sure there is a fairly simple solution. (I've been gone a LONG time now so am not real up to date on IRS procedures.)


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## Moulard (Feb 3, 2017)

metaverse said:


> My understanding is she wouldn't be able to apply for ITIN before we lodge our first tax return in US is that right?



No different in a sense than applying for a tax file number in Oz... you can do it at any time.

If one had to file taxes the latest you can do it is with your tax return.

This link might help.





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How do I apply for an ITIN? | Internal Revenue Service


Information about how to apply for an Individual Taxpayer Identification Number (ITIN).




www.irs.gov


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