Page 4 of 5 FirstFirst ... 2 3 4 5 LastLast
Results 31 to 40 of 44
  1. #31
    Join Date
    Nov 2013
    Posts
    6,518

    Default Re: Driving Licence but No Green Card

    You see JK, that is where you are incorrect. The statute says that you establish residency by providing the documents. There is nothing in the statute that says you must prove residency beyond providing the documents..

    Unless you provide something or anything beyond your opinion, there is no sense beating a dead horse.

  2. #32
    Join Date
    Jan 2006
    Posts
    38,787

    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
    View Post
    You see JK, that is where you are incorrect. The statute says that you establish residency by providing the documents. There is nothing in the statute that says you must prove residency beyond providing the documents..

    Unless you provide something or anything beyond your opinion, there is no sense beating a dead horse.
    Actually that is not what it says those items are evidence of residency, not proof. One is not a resident unless one resides in the state.

  3. #33
    Join Date
    Nov 2013
    Posts
    6,518

    Default Re: Driving Licence but No Green Card

    You have yet to prove that. And that is what the statute says. You prove residency by providing one of the documents.

    I have looked in the Maine Administrative code, in the Maine case law, opinions of the AG office, opinions in the Secretary of State office, and nothing beyond what the statute says. If you find something that says you must go beyond the statute to prove residency to obtain a license, please, please post it.

  4. #34
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driving Licence but No Green Card

    You either are a resident or you are not a resident.

    If you are a resident, you can support that claim with a document from the approved list.

    If you are not a resident, and you tell the truth, you do not qualify for a driver's license. Submitting a document from the approved list will not change that fact, as you will have stated on your driver's license application that you are not a resident.

  5. #35
    Join Date
    Jan 2006
    Posts
    38,787

    Default Re: Driving Licence but No Green Card

    I don't think he's going to believe you either mr k.

  6. #36
    Join Date
    Nov 2013
    Posts
    6,518

    Default Re: Driving Licence but No Green Card

    There is absolutely nothing in the Maine law that says you have to prove residency beyond what the statute says to obtain a Maine license. That is the reality despite your interpretation. That is a fact no matter who wants to interpret the statute. Not one shred of evidence have you posted except you opinion. Par for the course.

  7. #37
    Join Date
    Jan 2006
    Posts
    38,787

    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
    View Post
    There is absolutely nothing in the Maine law that says you have to prove residency beyond what the statute says to obtain a Maine license. That is the reality despite your interpretation. That is a fact no matter who wants to interpret the statute. Not one shred of evidence have you posted except you opinion. Par for the course.
    Actually I did post something. You just didn't like it. It was from the state BMV and it said:

    Maine law requires a person to be physically residing in Maine in order to be eligible for a Maine driver’s license or identification card

    the statute says nothing different. Where you claim it said proof it said evidence. Evidence that supports a claim of residency is proof of residency.

  8. #38
    Join Date
    Oct 2006
    Posts
    15,741

    Default Re: Driving Licence but No Green Card

    Quote Quoting jk
    View Post
    Actually I did post something. You just didn't like it. It was from the state BMV and it said:



    the statute says nothing different. Where you claim it said proof it said evidence. Evidence that supports a claim of residency is proof of residency.
    You are assuming that physically residing is the same as having established legal residency. While that is a logical assumption its my experience that logic has little to do with how states define physical residence.

    Even the feds have varying distinctions as to "residence", for various purposes.

    I also understand the OP's dilemma as far as the car is concerned. He appears to be visiting the US often enough that it makes more sense for him to own a car since he has someplace to park it. It is however quite difficult to insure a car in the US if you do not have an SSN and a state issued driver's license. The OP obviously has an SSN since he used to be a green card holder.

    I have a bunch of Aussie relatives and they have this vacation system that gives them six months vacation after 10 years. I have no idea if its paid vacation or not since I have never asked them, but most of them choose to spend that six months in the US visiting all of the US side of the family.

    They all just wanted to buy cars and then sell the cars when they were ready to go home...insurance was always the problem.

    My dad ended up being the guy who bought the cars, "loaned" them to the relatives and then sold them when they went home.

  9. #39
    Join Date
    Jan 2006
    Posts
    38,787

    Default Re: Driving Licence but No Green Card

    Quote Quoting llworking
    View Post
    You are assuming that physically residing is the same as having established legal residency. While that is a logical assumption its my experience that logic has little to do with how states define physical residence.
    actually, no I'm not. Please refer to any of
    the hundreds of dictionaries to understand the definition of reside. Simply put; to live within the state boundaries for some period of time; more than simply passing through.

  10. #40
    Join Date
    Nov 2013
    Posts
    6,518

    Default Re: Driving Licence but No Green Card

    Quote Quoting Woodsman maine
    View Post
    Just for clarification and maybe throw the cat among the pigeons....
    I own 2 properties in Maine. One is a vacation home. The other is a rental property which has a section 8 tenant.
    I have filed a tax return every year for the past 35 years .

    Quote Quoting jk
    View Post
    actually, no I'm not. Please refer to any of the hundreds of dictionaries to understand the definition of reside. Simply put; to live within the state boundaries for some period of time; more than simply passing through.
    Perhaps instead of looking at dictionaries you should be looking at Maine law.

    I will make one assumption about what OP posted and that is that he has filed a Maine tax return and paid Maine income taxes for the past 35 years because of the income derived from his rental property. OP also has a vacation home that he uses 6 times a year. How long he remains in Maine in the aggregate is unknown but he is paying income taxes. He has two permanent addresses in the State. OP is not just passing through.

    If you review the Maine tax code and some of the common law, you will find that the State considers him to be domiciled in Maine for the purposes of taxation. There are two parts to the definition of domicile found in the Maine common law. The first is residence which the court defines as visible ( he has two permanent addresses in the State) and he pays property taxes. The second part of domicile is the intent to return. I posted the court's definition in an earlier post.

    So if the State of Maine considers OP a resident for tax purposes then don't you think they must recognize that he is also resident for the purpose of obtaining a driver's license?

    1. Sponsored Links
       

Page 4 of 5 FirstFirst ... 2 3 4 5 LastLast

Similar Threads

  1. Driver's License Issues: Does Getting a Foreign Driver's License Invalidate a U.S. License
    By bloodbath in forum Driver's Licenses
    Replies: 2
    Last Post: 04-28-2016, 04:17 AM
  2. Driver's License Applications: Getting a Driver's License Based on a Foreign License Without Taking Road Tests
    By foldpages in forum Driver's Licenses
    Replies: 7
    Last Post: 04-14-2015, 02:17 PM
  3. Suspension and Revocation: Effect of a State Driver's License Supsension on a Foreign Driver's License
    By Lavo in forum Driver's Licenses
    Replies: 6
    Last Post: 01-06-2013, 05:38 AM
  4. Guardianship Petitions: How to Obtain Guardianship of a Foreign National
    By stevewendy in forum Disability and Elder Law
    Replies: 4
    Last Post: 05-17-2011, 10:29 AM
  5. Auto Insurance: Need Driver's License To Obtain Auto Insurance?
    By jek1862 in forum Insurance Law
    Replies: 1
    Last Post: 05-18-2006, 11:46 AM
 
 
Sponsored Links

Legal Help, Information and Resources