Questions about Driver's License's and cars

[Mitchell_]

Guys;

Been in PA for about 3.5 months now and I'm trying to tie up all the loose ends that happen after a move like this.

I moved from Toronto, to just outside Philly, PA area.

My problem is that I went to get my driver's license (for the 5th time, because each time I needed more info or more paperwork), and the girl said they can't issue one until I've been there for 10 months (?), has anyone ran into this in any other state? I have my I-94 and my SSN #, shouldn't that be enough?

On top of that, does anyone know the rules about how long after I left ontario I should have my plates changed over and such?

Do I need to "import" my car here somehow as well?

Thanks for any advice.

[Reba]

What is your status in the US?

[Mitchell_]

TN Scientific Engineer

[Reba]

If you're only staying temporarily, there is no need to import your car.

[Steven]

You don't need a PA DL either if you are TN-1. By definition you have to have non-immigrant intent, which means you don't ever qualify as a resident of the US.

Frankly you don't need to do anything really, other than file a 1040NR and an 8840 every year and claim a foreign tax credit on your T1.

This is probably why they won't issue you a licence.

Obviously a lot of people stay a long time on TN-1 and they do take on the trappings of residency in the US because it makes life easier and cheaper, e.g. import their car, get a DL, move their tax home etc. however TN-1 status requires non-immigrant intent which requires a showing of residential ties to Canada. So if you sever those ties you no longer have non-immigrant intent.

It's the TN-1 catch-22 that has been discussed on here a lot, i.e. you can save a lot of money on your taxes moving your tax home to the US, but if you do and you ever get denied entry or lose your job, you are in a very messy situation because you are stuck in Canada and your tax home automatically moves back to Canada - which means a ton of paperwork.

If you have your car in the US more than a year you're supposed to formally import it, more info here.

There is no duty, it's personal effects. No sales tax either. Anyone who tells you otherwise or tries to con you by saying they can help you avoid the duty is either wrong or a con man.

[Mitchell_]

Steven:

My problem is that I need ID. My ontario ID has caused me nothing but trouble here.

PA has specific guidelines for TN visa holders seeking a driver's license, so I would like to get one.

The fact is, come summer time I am going to likely get my renewal, which is going to be one of the new 3 year renewals, so I will need a license even more at that point.

Thanks for the advice on the car though, I will likely go through the import process once my renewal goes through in the summer.

I don't plan on moving my tax home until I get residency status. I am seeing a wonderful woman here and fully intend on proposing to her (though I'd never mention that to the CBP folks). I'm just lucky in the fact that I have a very secure job in the US, and don't forsee that ending any time before I am here on a K-1 instead of a TN

[Steven]

Generally if you have an I-94 valid for more than six months, most States will issue you a DL. Their website appears to be very poor, on the form DL-180 it says to check the website and on the website it says to check the form. Basically it just says bring your USCIS paperwork with you.

Most States limit the validity of the licence to the validity of your I-94 so if you've been there awhile on your current TN-1 there probably isn't any point bothering until you renew it again. Next time it will be three years so you can get a licence valid for that long.

I'm sure Ontario ID does cause problems but if you have a SSN there is no actual legal reason you need a PA DL. You can open bank accounts, fill in tax forms and so on.

Canadians always have problems because they don't have a visa in their passport, and on TN-1 it's even worse as the only paperwork is the I-94.

Some States are a bit more relaxed about it and will issue a full one year licence whenever you apply as TN-1 but it doesn't look as though PA is one of those States.

What I would do is write to the PA DOT and get it in writing as to what you need to bring with you, then bring it with you and then they can't turn you down if you have a letter from them.

[Mitchell_]

Steven

Hoping you can assist me further on this issue. I was able to get my drivers license last week successfully.

Now, my problem comes to my license places. I called the MTO in ontario, and they said because I am living in the US now and have US insurance, I won't be able to renew my plates when they expire in July.

So, I want to import my car, but that CBP website that you provided seems to talk a lot about shipping the car down and stuff. Is there any way I can just get some forms when I cross the border at christmas on my way back down to the US (I'm going home for christmas), fill them out, and bring them somewhere to get a US title for my car?

So confusing...

** edit: Just want to clarify, I'll be driving to canada and back again in the very car that I want to register here.