Florida DMV

[Penti 0]

I just have a quick question about renewing my drivers licence. I normally have to show my passport and I-94, but having moved over to Florida from the UK last November and finally had our wonderful wedding, my I-94 has expired as I'm here on my fiance visa. I've just sent off my I-485 application for adjustment of status and the associated paperwork last week, so I have no confirmation from the USCIS yet.

The local DMV office is telling me that I cannot renew my drivers licence without an I-797 or other official documentation to show my legal status in the US. They weren't interested in seeing the entry visa in my passport. The last i_797 I have is from last July when the original petition was approved.

Anyone come accross this issue? Is there a solution or must I wait until my I-485 has been processed?

[Dr_LHA 3]

Yeah, Florida are awkward. Did you apply for EAD? If so you can use that when it arrives, otherwise you have to wait for your Green Card or Green Card stamp.

[Thatchi 0]

I got mine using my NOAs...it was really easy...I would wait for the NOA, it shouldn't take long.

I forgot to add...they never asked for my I94 or what type of VISA i had...weird, I know...

Edited February 27, 2007 by Thatchi

[Dr_LHA 3]

I got mine using my NOAs...it was really easy...I would wait for the NOA, it shouldn't take long.

Florida take NOAs? Peopel on here had reported previously that they didn't. Well anyway - its worth trying with the NOA then!

[Thatchi 0]

Maybe it depends on the DMV office and the officer helping you...the guy helping me was really nice, he made copies of everything though...

[Thatchi 0]

Maybe it depends on the DMV office and the officer helping you...the guy helping me was really nice, he made copies of everything though...

[Penti 0]

Thanks guys! I have applied for employment authorisation yes, but don't expect to receive it for several months.

Hopefully I'll have the NOA soon!

[Penti 0]

I'm kind of answering my own question here, but thought I'd share the information having managed to sort out my licence renewal eventually.

I did a bit of searching around online after being turned away by the local DMV office, and found this info on the renewal requirements. As they basically seemed to require any official proof of my legal status in the US, I returned to the DMV office the next day, armed with my passport (containing K1 entry visa and expired i-94), my marieage licence, social security card and most recent i-797 (original petition approval). After a long wait at the DMV (and having been told at the front desk that my entry visa and pasport were sufficient after all), I reached the main counter and was told that I didn't have the right documents. I explained what had happened the day before, what I'd read online, and why the combination of entry visa and marriage licence should be enough to demonstrate my legal status. This time after a bit of a group huddle on the part of the DMV workers, two of them went off to make some phone calls. About 20 minutes and four phone calls later they agreed to renew my drivers licence until the expiry date of the entry visa (April '07). Apparently the first three people they spoke to on the phone said no, but the fourth approved it. They took copies of all my doc's other than the 797, and as previously I received a thirty day temporary liceince while my photo licence is sent to Tallahassee to be checked out (I don't know exactly what they do, but it happens every time I renew).

So, seems a bit of knowledge and some persistance, luck, and helpful DMV employees can get it done! Thanks for the advice though!

[John & Annie 0]

That may very well be the case in Florida.

In CA they will accept the I797a but not the I797c. I went round and round to prove via their own website that we could establish legal presence, to no avail. We did not file for EAD.

We traveled and when we returned with the AP, CBP gave Annie an I-94 with a one year expiration. We took that to the CA DMV and they used that. But her License expires on the same day as her I94.

[Dr_LHA 3]

As with all things State related, every state is different. However its worth noting that the REAL ID act that states are supposed to be coming into compliance with, states that NOA1 for AOS is a valid proof of legal presence.

States are slowly coming into compliance with REAL ID however, for example in Pennsylvania I was able to use my NOA1 to get a 1 year DL.

[LaL 418]

we had a biotch of a time in FL DMV. We wound up just waiting out on Canadian citizenship and once hubby received the Canadian passport went right down to the DMV and was put an a *special* line... received a 2 year DL.

[athena_ny 1]

My tourist visa husband got a driver's license with a letter from his (dead) father's lawyer showing they had a lawsuit for wrongful death and couldn't leave the country if they wanted to pursue it. (Apparently at the DMV this was okay for legal status, I don't know why but whatever).

We were told you could TRY to bring AOS papers and see if they'd say okay, but I doubt that would work. After EAD I believe they will allow you to get one (as well as the SSN). He doesn't have it right now (and I drive him everywhere, yay) ... but I'm just glad we don't live in NY like I used to...they make everything so difficult I'm just happy I'm in FL. Whee.