Florida DMV- refused driving license

[Scodavvyy 5]

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

[borodine01 94]

Hi, not sure what state you are in but here in FL they told us the same thing.

[Scodavvyy 5]

Yes it's Florida.

[Fr8dog 312]

17 minutes ago, Scodavvyy said:

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

I cannot find any information on their website that says the NOA is enough unless it is refugee related. The EAD is on there

 

http://www.dmvflorida.org/FloridaEnglishDriverHandbook_2015.pdf page 73

Edited June 28, 2017 by Fr8dog

[MyMistaLovaLova 24]

Hi Guys!

 

Unfortunately you guys will have to wait until the EAD or green card arrives.  In my case, we are from Broward.  I married my husband the day after he came into the country and had him study the book so he can take his exam as soon as possible.  He came 1/30 and he took his drivers license on 02/10.  However, it expired the day the I-94 expired.  We went back to the office with his NOA and they renewed the license for another year. Moral of the story... Timing is important and things needs to be done soon once you arrive.  =/  sorry guys. 

[jakartausa 28]

I encountered this issue very recently. According to CA DMV I must wait until I have my wifes EAD card to apply for the state ID card or Drivers license. Likely state ID as my wife will be taking the bus for a while but the rules are the same for both. 

[Scodavvyy 5]

So they will issue a DL to someone with more than 60 days on their i-94 and renew if you have an NOA for your I-485 but on the DMV website it only says unexpired I-94 not 60 days eligibility left on it. They should be clearer about these requirements.

 

Thank your replies

 

[Fr8dog 312]

8 minutes ago, jakartausa said:

I encountered this issue very recently. According to CA DMV I must wait until I have my wifes EAD card to apply for the state ID card or Drivers license. Likely state ID as my wife will be taking the bus for a while but the rules are the same for both. 

 

https://www.dmv.ca.gov/portal/dmv/detail/dl/dl_info#BDLP

[Wuozopo 4,293]

4 hours ago, Scodavvyy said:

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It is typical in most states that K1s need EAD to get a license. Your entry is for 90 days only. There is no guarantee you will get approved for AOS. So the only document you have showing your legal status in the US is an I-94 with a 90 day entry.  If you got a license, it would expire on day 90. Your EAD will be dated and  show you have 1 year. Your driver license will expire on the date your EAD expires.  Most other visas are for longer entry and are renewable so it's only a K1 problem. Drive on you UK license.

[jakartausa 28]

6 hours ago, Fr8dog said:

 

https://www.dmv.ca.gov/portal/dmv/detail/dl/dl_info#BDLP

Yes Im aware of the rules. There is only a very short window in which to get the state ID before you must wait. Many people are not aware of the rules and thus must wait for the EAD.

[Fr8dog 312]

California also has the AB-60 option, though I would think twice about using it for Federal or non California state purposes.

 

https://www.dmv.ca.gov/portal/dmv/detail/ab60

 

 

[sd2017 18]

6 hours ago, Fr8dog said:

California also has the AB-60 option, though I would think twice about using it for Federal or non California state purposes.

 

https://www.dmv.ca.gov/portal/dmv/detail/ab60

Indeed, while California law enforcement is not allowed to discriminate on the basis of an AB-60 license, nothing prevents non-California law enforcement from viewing an AB-60 license as a strong indication that you're likely an undocumented immigrant.

[Troy P 34]

19 hours ago, Scodavvyy said:

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

I live in Fl. and my wife and I went to DMV. They tried the I-130 comment and I explained that K-1 does not require that as long as we were legally married within the 90 day requirement. Also, you can print  the page on USCIS that explains it is not needed for K-1 meeting the 90 day marriage rule. We were able to take the driving test. The other hurdle in FL. will be the marriage license doesn't mention your married name. So it doesn't match her passport etc...They looked her up in the system and since she had a biometric appointment she is in the system under her new married name, they may have to look it up.

[sweetadams 138]

20 hours ago, Scodavvyy said:

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

Well, you are not screwed. The issue with State Laws are sometimes some state employees don't understand the law as it applies to immigration. My sincere advise will be either you wait for the EAD (about 90 days) or try another location, you can print the page on USCIS website explaining K1 does not require I-130. 

[NYCruiser 423]

23 hours ago, Scodavvyy said:

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

The DMV is right. You have to wait for your EAD which will then give you a DL expiry of one year. Hopefully you will have your AOS by then. IF your I-551 says 2 years Conditional, you will then get a DL valid for another two years. The 10 year give you a 10 year validity. Tiring I know.