Driver's license while waiting on AOS

[Crabbypatty 12]

Hey,

 

we are adjusting from esta in Florida. AOS has been send out a month ago and now waiting. Just realised I should have gone do my Florida licence before my I-94 was expired. Now it’s expired and I have my NOAs. For the life of god I can’t reach anybody at the vehicle place to answer my questions. Maybe someone here knows or is in Florida too: can I still do my Florida licence with an expired I-94 and showing the NOAs? The info online also varies: some say I can use my foreign licence in Florida for a year, others say only 3 months… if anybody could help I would appreciate it. I have an appointment with the vehicle place tomorrow but I don’t want to go and waste my time if they will deny me because of an expired I-94 

Edited June 5, 2023 by Crabbypatty

[Crazy Cat 41,727]

According to this information, the only I-797s they accept are for asylum cases.

Immigrant - Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)

 

"As a new Florida resident, you must obtain a valid Florida driver license within 30 days of establishing residency to drive on Florida roads. "

[Crabbypatty 12]

2 minutes ago, Crazy Cat said:

According to this information, the only I-797s they accept are for asylum cases.

Immigrant - Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)

 

"As a new Florida resident, you must obtain a valid Florida driver license within 30 days of establishing residency to drive on Florida roads. "

That’s what it sounded like for me too. So I would have to wait until I get my SSN to do the licence? How was it for you guys adjusting? Or could you do your licence only once the whole AOS process was approved? That would be a very long time without being able to drive. Even the 8-12 months until SSN are long. I wish I knew before that I could have gone get a licence before my I-94 expired

[Ellie_7 103]

In states with rules like these, wouldn't the license have expired on the end date of authorized stay on the I-94?

[Crabbypatty 12]

4 minutes ago, Ellie_7 said:

In states with rules like these, wouldn't the license have expired on the end date of authorized stay on the I-94?

Yes that’s what I’m thinking. I read somewhere in Florida it’s three months, which is the length of an I 94. nevertheless for me it’s expired now, but I read somewhere here that in some states you can still go and show your I-94 plus NOAs and they’ll issue the licence under these circumstances. Just wasn’t sure if that applies for Florida too and if not, at what point could I finally get my licence ? After approval of aos or after I get an ssn 

[Fe.Ta 874]

Hi!

We live in Florida too.  So, here are my two cents:

You CAN drive in Florida with a foreign DL.  However, I do not know if it is for 3 months or a year.  Also, you have to keep in mind that with the new bills/laws DeSantis is doing, I would not risk it driving with a foreign DL if you are considered a resident, etc.  That's just to be safe because you do not know which kind of police you are going to get if you were to be stopped.

Ideally, you should have gotten the SSN at the SSA office and not via the AOS application.  So, you could have gotten it with you I-94 before it expired and, while it would have been a restricted SSN until you got the GC, you could have done the DL with the SSN, proof of mail, etc.  Then, once you got the GC, you could have gone back to the SSA and remove the restrictions.  The reason why we did it this way is because having that SSN allows you to do more things while you wait on the GC.  For example, we submitted AOS in September 2022 and did not get the GC until December 2023.  But, because my husband got that SSN, we were able to open joint accounts, get his DL, etc.

If you do get the DL with other proof, such as when you get EAD, it will only be good for the expiration date of that.

[Crazy Cat 41,727]

3 minutes ago, Fe.Ta said:

However, I do not know if it is for 3 months or a year.

It's 30 days for a new resident.  The OP is not a visitor.

[Fe.Ta 874]

Just now, Crazy Cat said:

It's 30 days for a new resident.  The OP is not a visitor.

Yes, I know they are not a visitor.  I just didn't know exact time for residents, since we didn't have to go through this.

But, here is further information:

Immigrants:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

NON-immigrants:
https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Also, do keep in mind that there are some counties that are a bit more ignorant than others.  So, while this is general information, some DMVs are less familiar with this than others and might be more difficult overall.

[Crabbypatty 12]

16 minutes ago, Fe.Ta said:

Yes, I know they are not a visitor.  I just didn't know exact time for residents, since we didn't have to go through this.

But, here is further information:

Immigrants:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

NON-immigrants:
https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Also, do keep in mind that there are some counties that are a bit more ignorant than others.  So, while this is general information, some DMVs are less familiar with this than others and might be more difficult overall.

I’m so confused with all this. Online it says you can get a temporary licence for a year as a non immigrant. ( that is, with a non expired I 94 I suppose?) but I don’t know what I fall under while waiting for my aos to be approved and if it’s worth a try with the NOA and the expired I 94. 

 

regarding what you said: so if if do get my licence once I receive my ssn ( is that even possible ? Or do I get it with EAD?) it will only be good for the expiration date of that EAD? After that i would have to wait to get a new ead? I didn’t even know the EAD has an expiration date. It’s so hard to find clear information online and I can’t get ahold of anybody at the local office here. 

[SalishSea 17,774]

This is a well known drawback to the choice you made to adjust on an ESTA.   Not sure there is anything you can do but to wait.

[powerpuff 6,643]

~~ Topic moved from AOS tourist/student/work visas forum to Moving to the US & Your New Life in America forum where DL related questions are discussed ~~

[Fe.Ta 874]

3 hours ago, Crabbypatty said:

I’m so confused with all this. Online it says you can get a temporary licence for a year as a non immigrant. ( that is, with a non expired I 94 I suppose?) but I don’t know what I fall under while waiting for my aos to be approved and if it’s worth a try with the NOA and the expired I 94. 

 

regarding what you said: so if if do get my licence once I receive my ssn ( is that even possible ? Or do I get it with EAD?) it will only be good for the expiration date of that EAD? After that i would have to wait to get a new ead? I didn’t even know the EAD has an expiration date. It’s so hard to find clear information online and I can’t get ahold of anybody at the local office here. 

As others have said, given that you adjusted on ESTA, and your I-94 is expired, you are in a difficult position that will be hard to work around.  But, yes, if you were to get a DL, it will only be good during the the time your EAD/AP is valid.  You will not get a "full DL" until you get your GC.  Also, at this point, since you submitted your AOS and requested an SSN via that AOS, it is better to just wait.  If you try to get an SSN now, you can run into the issue of having two SSN issued to you (the one you try to do via SSA and the one via AOS) - among other things.  I don't see you getting a DL with just an NOA.  The NOA you got when you submitted the AOS just proves that you are not "out of status".  You cannot get a DL without an SSN because the other options provided require you to have an SSN to even get them (i.e. a W-2 issued by an employer, which they won't employ you without an SSN and you are not authorized to work anyways).

[EatBulaga 315]

56 minutes ago, Fe.Ta said:

As others have said, given that you adjusted on ESTA, and your I-94 is expired, you are in a difficult position that will be hard to work around.  But, yes, if you were to get a DL, it will only be good during the the time your EAD/AP is valid.  You will not get a "full DL" until you get your GC.  Also, at this point, since you submitted your AOS and requested an SSN via that AOS, it is better to just wait.  If you try to get an SSN now, you can run into the issue of having two SSN issued to you (the one you try to do via SSA and the one via AOS) - among other things.  I don't see you getting a DL with just an NOA.  The NOA you got when you submitted the AOS just proves that you are not "out of status".  You cannot get a DL without an SSN because the other options provided require you to have an SSN to even get them (i.e. a W-2 issued by an employer, which they won't employ you without an SSN and you are not authorized to work anyways).

I think one of the lesson learned for all here is to get the SSN as soon as the I-94 is available instead of applying SSN with the AOS since so many things depend on the SSN from driver's license to bank accounts to billings, etc.

And after marriage, change the SSN to the marriage name if needed.

[Fe.Ta 874]

13 minutes ago, EatBulaga said:

I think one of the lesson learned for all here is to get the SSN as soon as the I-94 is available instead of applying SSN with the AOS since so many things depend on the SSN from driver's license to bank accounts to billings, etc.

And after marriage, change the SSN to the marriage name if needed.

Correct.  SSN is better to get prior to AOS rather than getting one through AOS.  IMO.  Whether you had a name change or not, the SSN will need to be updated once you get the GC before the GC expires so they can remove the restrictions on it.  The first SSN you get says, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".  But, when you get the GC, you can have it updated to look like a normal SSN.  If the name changes, then that's another thing that can be updated as well.

[Crabbypatty 12]

44 minutes ago, Fe.Ta said:

Correct.  SSN is better to get prior to AOS rather than getting one through AOS.  IMO.  Whether you had a name change or not, the SSN will need to be updated once you get the GC before the GC expires so they can remove the restrictions on it.  The first SSN you get says, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".  But, when you get the GC, you can have it updated to look like a normal SSN.  If the name changes, then that's another thing that can be updated as well.

Got you. So, in my position right now: when will I be able to get a DL? With the SSN once it becomes available trough aos, with the EAD ( which usually happens way later after the SSN if I understood correctly) or with the GC once the wait time is over? 
 

and: does anyone have the current waiting times for ssn and ead? I read on the forum here 8-12 months. Is that correct?

Edited June 6, 2023 by Crabbypatty