Question about Drivers License

V

vandeluca

Registered Users (C)
Hello. This is an odd(yet another) question. My husband LPR and I USC own a home together. His drivers license is set to expire in about 2+ weeks. We will be applying for the RE permit and we most likely anticipate some more than usual travel out of the US in the next year...

My question is this~ Our licenses are tied to our home....in FL. However, since our child is having occassional medical care her specialist is in another state.(NY).. I am therefore thinking to rent our FL home- however, I am thinking to keep MY license there . We are not planning to give that home up.

If we do this,(rent ours) we would rent a place in NY for the next 6 months to 1 year... or so -even though we will possibly be out of the US-our base still being in the US....

My quyestion is this: Since his FL license expires shortly and he needs renewal, would it be a potential problem in any way for him to have a NY license and me keep my license tied to our FL home? OR, is it just better for him to keep the FL one to keep our address congruent or even me to also change mine to NY? We will both only be out of the country OR in NY together for the next while...

Thanks in advance..V
 
If you're renting out your FL home and will be staying in NY and not keeping another place to live in FL, you're not supposed to keep your FL license, you're supposed to switch to NY. On a day-to-basis it's not an issue, but if something happens (e.g. an accident) that involves an investigation by the insurance company and/or the state and they catch the discrepancy between your license and where you're really living, you could be fined by the state, and have extra difficulty getting paid by the insurer (insurance rates and regulations are tied to your state of residence, so if they can they will use the discrepancy against you to fight off having to pay you).

Also, mail forwarding will be a problem if you're renting out the place. The post office will forward everything that goes to that address, so your tenants won't be able to receive anything.
 
Thanks Jack..Yes thanks. Funny enough I asked the post office and they said it is fine.. They can just forward the mail in our name (as opposed to the tennants). The insurance issue I can see-yet in my eyes the forseeable time in NY is temporary..I wonder how they can argue that...but I guess they will always win...

My basis for this is~ THe rental would start August 15, coincidentally around the same time he would apply maybe for the RE permit/change of address if needed. Due to logistics and buerocratic red tape, I don't want anything to overlap due to mail, different INS departments, etc with address changes and such...so this is my main reason for wanting to keep our FL address....It keeps in simple.....PLUS we intend to go back to FL in the end...(1 year more or less..HOPE!)
 
The post office is not the source for accurate info on whether you need a NY DL. The NY DMV is the only determining agency.

Typically, if you live in a state -- other than as a student -- you are required to get DL (and plate your car) in that state. This would be true whether or not you rent out your FL home (think of it as a cottage at this point).

Describe your situation to the NY DMV and see what they say.
 
vandeluca said:
Thanks Jack..Yes thanks. Funny enough I asked the post office and they said it is fine.. They can just forward the mail in our name (as opposed to the tennants).
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Yes I do remember they'll forward mail for up to 12 months after you move. However, they are not 100% good with it; at least once a month after moving into my last apartment, I would get a piece of mail for the prior tenant. Also, the post office will often send address update notices to the organizations that send you mail, so you will be getting some bills and other mailings directly sent to the new address in NY even though you didn't explicitly request address changes for them.

The insurance issue I can see-yet in my eyes the forseeable time in NY is temporary..I wonder how they can argue that...but I guess they will always win...
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If you're going to argue that the time in NY is temporary, you'll need somewhere in another state that you're keeping as your permanent address. A house rented out to somebody else with your mail being forwarded away from it is not going to support your position.

Trying to keep the FL license is going to expose you to more problems than if you just got the NY license like you're supposed to. And you'll get into BIG trouble if you're trying to maintain the FL Homestead property tax exemption and they find out you're renting out the place. It will be easy for the FL tax authorities to find out that you moved out, because the post office probably will tell them of your new address.

However, if your car will remain garaged in FL, you can keep the FL license plate on it.
 
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Thanks J..
No..it had zero to do with homesteading...That does not even matter to me. I am honest..I owned the home for years and even though it was my only US home I owned b/c I wasn't here (spend more time out) I never homesteaded it till a few years ago...FL has no income tax so that does not matter. But apparently homesteading has nohting to do with time spent in our out of state...But yes I see the point of renting...how can you be..

I would not even think about it..except the post office here does offer this premium mail service..it is like FED EX..Every week they send your package (of mail) up it costs maybe $9.00 per week.

However,I think I will call the tax office to verify..all of this.

My only reason for doing this..believe it or not is to simplify our life.I know I will be back here (FL) and don't feel like changing it all to another state for a temporary time. Temporary to us.
 
If you're going to treat your stay in NY as a long vacation and expect them to accept that, you need to keep a primary residence outside of NY which is not rented out to somebody else.
 
Ok..well thanks for all...Actually I am not 100% sure I am renting my home (it is my home and hard to part with).I will decide in the next few days...

However based on what you are all saying, USCIS wise it is not a problem if I am not renting out correct? I really just have such a crazy busy life I am not up for changing all my papers, etc since it is temporary-even if extended. I am the one who took 8 years to change to my married name on passport, license, etc.

BTW..I called the county here and tax- it is fine for me to keep license and homestead if not rented on January 1. So that way I am ok......ANyway...thank you for all...:)
 
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