Obtaining Florida State ID---help

[simplygem 0]

Hello everyone B) I arrived in Florida on Aug 16,2008 and got married on Sep 19,2008.

Today, Nov 5, my husband and I went to the office (Department of motor vehicles- the people who issue the state ID) to obtain a state ID but the lady in charge told us that I cant get an ID because my visa is expired dated October 21,2008 and my I-94 is about to expire which is on Nov.14,2008. She also told us that they only accept valid documents with 30 days left prior to expiration which obviously made my only document (my passport with visa) invalid.

My husband and I explained to her that the date stamped on I-94 is for the deadline to be married in order for me to stay. We showed her my marriage license but she didnt accept it. We told her that filing for AOS has nothing to do with the I-94. Then she replied that we need something from the immigration to prove that I am here legally and allowed to stay here.

Since I am not filing for AOS till possibly January, how can I obtain a photo ID card from the state of Florida with the documentation I have (which the lady said is expired)? Are they making a mistake in the interpretation of K1 visa or the other way around? Is there anyone out there knows who I can contact next to try to get a state ID prior to filing of AOS? What document is the lady referring to which I need from the immigration? Does anybody know?

Hope to get helpful answers from you. Thanks (Salamat )

Gem

Edited November 5, 2008 by simplygem

[Ban Hammer 13,337]

mbc

[Old Dominion 26]

Hello everyone B) I arrived in Florida on Aug 16,2008 and got married on Sep 19,2008.

Today, Nov 5, my husband and I went to the office (Department of motor vehicles- the people who issue the state ID) to obtain a state ID but the lady in charge told us that I cant get an ID because my visa is expired dated October 21,2008 and my I-94 is about to expire which is on Nov.14,2008. She also told us that they only accept valid documents with 30 days left prior to expiration which obviously made my only document (my passport with visa) invalid.

My husband and I explained to her that the date stamped on I-94 is for the deadline to be married in order for me to stay. We showed her my marriage license but she didnt accept it. We told her that filing for AOS has nothing to do with the I-94. Then she replied that we need something from the immigration to prove that I am here legally and allowed to stay here.

Since I am not filing for AOS till possibly January, how can I obtain a photo ID card from the state of Florida with the documentation I have (which the lady said is expired)? Are they making a mistake in the interpretation of K1 visa or the other way around? Is there anyone out there knows who I can contact next to try to get a state ID prior to filing of AOS? What document is the lady referring to which I need from the immigration? Does anybody know?

Hope to get helpful answers from you. Thanks (Salamat )

Each state is a bit different, but as a bare minimum (for Virginia, at least) you must supply the NOA1 showing that the application for AOS is pending with the U.S. Government. Other states may even require a green card.

Gem

[Cassie 8]

It sounds like Florida is like Oklahoma, where in the case of K-1ers one has to show specific proof of residency -- either the EAD card (and then the DL would be valid as long as the EAD is valid) or the green card. Showing that I has applied for AOS was not enough. If you are in a huge hurry, try again with the EAD card. If that doesn't work, you're going to have to wait until the green card is in hand.

State ID and DL's have been harder to get since 9/11, they are really cracking down on proof of residency and the I-93 isn't cutting it anymore.

My question is -- why are you waiting so long to file for AOS -- 4 months after getting married?

[Kathryn41 3,205]

Unfortunately, you probably can't get a photo State ID or DL with the documentation you currently have. The I-94 is the immigration document and basically once it expires on November 14, you have no legal immigration status in the US and are ineligible to receive government identification. Having a K-1 visa and getting married within 90 days does not allow you to remain in the US - you need to complete the process by filing for the AOS as well. From November 14 to when you file for AOS you will accumulate out of status days. It shouldn't cause you problems unless you need to leave the US for any reason, or unless you are requested to prove your legal status in the US. Once you file for AOS you will once again have legal status, although most Department of Driver's Services don't recognize the NOA receipt you will receive from USCIS and will require either an EAD or a green card in order to grant a photo ID. Even then, the ID that you do receive will only be valid for the same length of time as the immigration document you present as proof of status - either 1 year for the EAD or 2 years for the conditional Green Card. Hope that helps clear things up.

[Jon&Lindsey 0]

I tried to get a FL ID with just the NOA1's, but they made me wait until I had the EAD. Once I had the EAD, it was no problem, although like the others said, the ID will expire when the EAD does.

[Johnnie J 0]

NJ only accepts SSN and EAD nothing less is valid.

[archie07 0]

We were K-3 so the lady excepted my wifes passport. My brothers wife was a K1 and she had to wait for her EAD. I'm assuming you went to the DMV on 98 next to the Highway Patrol office. The motor vehicle on forest oaks won't process state ID,s for foreigners.

[Neonred 3,562]

In our case the FL DMV accepted our NOA1 for AOS to get an ID. You will have to wait until after you apply for AOS.

[njaxfl 0]

We were K-3 so the lady excepted my wifes passport. My brothers wife was a K1 and she had to wait for her EAD. I'm assuming you went to the DMV on 98 next to the Highway Patrol office. The motor vehicle on forest oaks won't process state ID,s for foreigners.

Hi,im here in Florida too,what's the purpose of getting the state id?for what?is there any fees for that?my husband doesn't even have one.

[archie07 0]

We were K-3 so the lady excepted my wifes passport. My brothers wife was a K1 and she had to wait for her EAD. I'm assuming you went to the DMV on 98 next to the Highway Patrol office. The motor vehicle on forest oaks won't process state ID,s for foreigners.

Hi,im here in Florida too,what's the purpose of getting the state id?for what?is there any fees for that?my husband doesn't even have one.

My guess is it would prove your a resident of florida. I remember trying to get a debit card for my wife and since she didn't have a florida ID the card was sent to the filipines because that was the address on her passport. The law does require you to carry a photo ID also. I'm not sure but I will ask my brothers wife tomorrow if she got her state ID with just her noa1 for the AOS. She was unable to enroll in some english classes also without the State ID. If your husband has a drivers license he wouldn't need a state photo ID.

[archie07 0]

Unfortunately, you probably can't get a photo State ID or DL with the documentation you currently have. The I-94 is the immigration document and basically once it expires on November 14, you have no legal immigration status in the US and are ineligible to receive government identification. Having a K-1 visa and getting married within 90 days does not allow you to remain in the US - you need to complete the process by filing for the AOS as well. From November 14 to when you file for AOS you will accumulate out of status days. It shouldn't cause you problems unless you need to leave the US for any reason, or unless you are requested to prove your legal status in the US. Once you file for AOS you will once again have legal status, although most Department of Driver's Services don't recognize the NOA receipt you will receive from USCIS and will require either an EAD or a green card in order to grant a photo ID. Even then, the ID that you do receive will only be valid for the same length of time as the immigration document you present as proof of status - either 1 year for the EAD or 2 years for the conditional Green Card. Hope that helps clear things up.

I completely agree with you. My wifes 2 year green card expires next november. Last week my wife applied for a drivers learning permit. The lady at the DMV office issued my wife a learners permit that expires in 2017. I just read it with my own eyes. Really doesn't make much sense.

[tanyaru 3]

Unfortunately, you probably can't get a photo State ID or DL with the documentation you currently have. The I-94 is the immigration document and basically once it expires on November 14, you have no legal immigration status in the US and are ineligible to receive government identification. Having a K-1 visa and getting married within 90 days does not allow you to remain in the US - you need to complete the process by filing for the AOS as well. From November 14 to when you file for AOS you will accumulate out of status days. It shouldn't cause you problems unless you need to leave the US for any reason, or unless you are requested to prove your legal status in the US. Once you file for AOS you will once again have legal status, although most Department of Driver's Services don't recognize the NOA receipt you will receive from USCIS and will require either an EAD or a green card in order to grant a photo ID. Even then, the ID that you do receive will only be valid for the same length of time as the immigration document you present as proof of status - either 1 year for the EAD or 2 years for the conditional Green Card. Hope that helps clear things up.

I completely agree with you. My wifes 2 year green card expires next november. Last week my wife applied for a drivers learning permit. The lady at the DMV office issued my wife a learners permit that expires in 2017. I just read it with my own eyes. Really doesn't make much sense.

Thats because she has a greencard, even a conditional one. It is assumed that alien will rceive a new one then. Situation is different vith visas and work permits.

[mrsjeffs 0]

I went to the DMV today i live in FL and they took my NOAs and told me i would receive my State Id in 30 days the lady went as far as telling me i can apply for my DL.

[metinil 0]

Shortly after I arrived from Canada I was able to get a "temporary" (1 year) Florida driver's license. All I needed was my passport. Not sure where you're from, but you could try that route. I came as a tourist.