AOS ... wife has out of state driver's license

[Solid_Sal 0]

Well in the past month I've learned more about immigration than I ever cared to know. Long story short ... Im a USC and met my wife about a year and a half ago. She is from Slovakia, came here on a B2 tourist visa and had overstayed about 2 months when I met her. We dated for a year and a half and were then married on June 16, 2010. I just finished filling out and sending her AOS packgage (I-485, I-130, etc). Im still a little paranoid about the whole process, especially the interview. Back in 2009 my wife went with some friends to Chicago to obtain an Illinois driver's license. She took the test and passed. Illinois has such laid back rules regarding obtaining a driver's license and she was able to get one using a friend's Illinois address. So with that license she was able to drive and obtain auto insurance as well. We both currently live in Florida and lived in Florida the entire time weve known each other. We didnt see anything on the AOS forms about this so we didnt mention it. Is this going to be a problem at the interview?

[luxx 1]

It might be a problem. Can she get Florida license? At my interview,they asked to see our licenses.I am guessing to see that we live at the same address.

[Solid_Sal 0]

It might be a problem. Can she get Florida license? At my interview,they asked to see our licenses.I am guessing to see that we live at the same address.

Unless she has a green card she cant get a Florida driver's license. The requirements here are very strict ... unlike Illinois.

[VanessaTony 3,567]

doubt it

**Edit - ooohhh so with your reply you mean she lied to get a licence. She made a material misrepresentation (but on the DMV paperwork) and states she lives in Illinois because they're a bit more lax. You mean she's currently breaking all sorts of DMV rules by not changing her licence to Florida within the allotted time FL allows its residents...

Well good news for you is she's unlikely to be asked... but here's the issue. IF she's asked if she HAS a drivers licence she can't lie and say she doesn't when she does. Well she could try and it's unlikely they'll find out but I personally wouldn't.. So lets say she says yes. Then they'll wonder why it's an IL licence when your forms say she lives in FL. They'll wonder whether you're lying about living together. They're less likely to care about the DMV stuff except it COULD be a moral turpitude issue.

So do you say she has a licence and risk them wondering if you're lying about living together? Or do you say she doesn't and risk them KNOWING she does and you getting into ###### for lying to Immigration officials??....

Edited July 14, 2010 by Vanessa&Tony

[luxx 1]

You say its unlikely for IO to ask for drivers license. They asked for mine. But she can can get a new license when she get her EAD card, right? It should come before interview

[Solid_Sal 0]

doubt it

**Edit - ooohhh so with your reply you mean she lied to get a licence. She made a material misrepresentation (but on the DMV paperwork) and states she lives in Illinois because they're a bit more lax. You mean she's currently breaking all sorts of DMV rules by not changing her licence to Florida within the allotted time FL allows its residents...

Well good news for you is she's unlikely to be asked... but here's the issue. IF she's asked if she HAS a drivers licence she can't lie and say she doesn't when she does. Well she could try and it's unlikely they'll find out but I personally wouldn't.. So lets say she says yes. Then they'll wonder why it's an IL licence when your forms say she lives in FL. They'll wonder whether you're lying about living together. They're less likely to care about the DMV stuff except it COULD be a moral turpitude issue.

So do you say she has a licence and risk them wondering if you're lying about living together? Or do you say she doesn't and risk them KNOWING she does and you getting into ###### for lying to Immigration officials??....

Im not too worried about them thinking we dont live together. I think we have enough evidence that says we do. Its the misrepresentation of domicile that Im worried about.

Getting a Florida driver's license is not as easy as walking into the DMV, showing your out of state driver's license, and getting a new Florida one. In Florida if you are a citizen you have to show proof of citizenship and if you are an alien you have to show your green card. She has neither so she cant get a Florida driver's license at all.

[VanessaTony 3,567]

Im not too worried about them thinking we dont live together. I think we have enough evidence that says we do. Its the misrepresentation of domicile that Im worried about.

Okay you said you're not worried about them not thinking you live together 'cause you have evidence right? Well.. your wife has shown that she didn't need to prove her address to get her DL and her DL is PROOF of residence... You have the same surname I would assume so adding her to the mailbox simply to get mail is easy. FL and IL are hardly next door... it's suss in my opinion and was honestly a very silly thing to do and i only mention it because others reading this should NOT think this is a good solution to not driving. The OP is showing how risky it is...

Getting a Florida driver's license is not as easy as walking into the DMV, showing your out of state driver's license, and getting a new Florida one. In Florida if you are a citizen you have to show proof of citizenship and if you are an alien you have to show your green card. She has neither so she cant get a Florida driver's license at all.

I understand that and my response is... AND? I can't either but you don't see me crossing state lines to find laws that I prefer (and I live in IA so a trip to IL isn't a big deal.. in fact we do it weekly) . I use my Aussie licence, it's still valid in IA. Other people don't drive at all. Other people hire cars because international licences are permitted for hire cars...

So will you get asked.. that's the qn.

Edited July 15, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

Back in 1986 my girlfriend and I got a Florida DL using my uncle's address. All we had is B2s and our English skills were limited as well. In 1992, my Florida DL was good enough for the California DMV to issue me a California DL without problems.

I know times have changed, but oftentimes converting a DL from one US State to another one isn't as difficult as one may thing. You, the US citizen, should inquire at the DMV what they require from a person who has an Illinois driver license to convert it to a Florida one.

I don't have much hope that it will be possible without showing proof of legal presence, but it won't hurt to ask and to check, then to double check.

To answer your original question: it is my honest opinion that the fact that your wife has an Illinois driver license doesn't pose a problem at all, meaning not even on the most microscopic level. It's a non issue and I wouldn't hesitate for a second to use it until she can get her Florida license.

[MarticaIda 1]

I personally know a person who got Illinois driver license for the same reasons (them being so lax at that time - they aren't anymore) and she was being interviewed here in Florida for her AOS. She and her husband showed their DLs as they were asked at the beginning of the interview and she explained to the officer why she had that license with that address. Her reason was exactly as your wife's: no green card = no license in Florida, but that she will get one as soon as she is able. Their interview went absolutely fine and she effectively received her green card.

On top of that she was an overstay, and her brother previously was deported on some small criminal charge. All that means that people need to stop worrying about insignificant stuff.

As to whether they will ask for the license or not (if she only presents her passport, for example), IO did ask for mine after I only gave him my passport, and I did not have a DL.

Best of luck!

[SaraDee 9]

Hmm, that got me thinking about my situation. My husband moved from Georgia to California a month before we met. That was a year and a half ago. We live in California but he still hasn't changed his drivers license over. I have a license issued in California. I hope that won't be a problem for us. I'm the immigrant.