I have a question if anyone can help me.

My wife and I tried to apply for a California state ID in the Los Angeles DMV office. I was told that she isnt allowed to get a State ID until we have an extention of her I-94 or she gets the EAD. Is this true?

I tried to speak to a supervisor because the person at the DMV window was not very helpful and this did not help. My wife already has her SSN, but I was told by the supervisor that DMV has to get an approval from Immigration for her to get a state ID.

We were able to play for an application fee ($23.00) and put her name into the system, however she will still need to come back with the EAD or extention of the I-94 before DMV can process this application.

Let me know if this is accurate or did I just came across a bad window with them not knowing what to do with a K-1 Visa Holder. The reason why we wanted to apply for a state ID is because carrying around a state ID will be much safer than carrying a passport around town.

I'm concerned about not getting the EAD before my wife's I-94 expires. For example, what can we show to a local officer if she is asked for an ID, if her I-94 is already expired.

I'm somewhat perplexed and confused on what type of documents will we need to carry around for her to be in the US after the I-94 expires when the EAD is being processed.

The CA DMV I went to (sorry to say) is pretty retarded. I felt that they just did not want to help me. I was very nice and polite with them. I went to the Los Angeles DMV next to USC which had so many people.

I also feel that DMV do not encounter many (K-1) visa holders. Which the I-94 is only valid for 90 days. They did not offer to contact SSN or Immigration while we were there also.

The supervisor who was talking with me gave me a pretty negative look (felt like I was discriminated) because I was inquisitive and I asked so many questions.

I was also told that they cannot issue a CA state ID because the I-94 is only valid less than 60 days. Our I-94 expires in August 1st. And they told me I should have came in earlier. This is what the supervisor and the agent told me.

Bottom line, they said that I needed a EAD or an extention to the I-94. (which I do not know if its true)

So I'm confused because SS told me that the SS Card is an ID and that I can get a State ID with the SSN with a valid passport and I-94.

All I really wanted was a state ID so that my wife doesnt have to carry around her passport with her. Just in case.

Thanks.

Thats true. I'm in CA and a K1-visa holder. I just got my state ID until after I got my greencard. Like your wife I went there also before my visa expired but they don't give me an ID because they said my visa is almost expired and they want me to get my GC firts before they issued me my state ID.

another thing to remember. If the SSN is in your wife's maiden name and EAD or green card is issued in married name, you first have to go to Social Security to have change SSN to married name. otherwise her name will come up no match in the system.

hi there

ur wife should have a proof that she can use the ID here, that means, she's staying in CA.

Her I-94 should at least 60 days valid in order to get an ID. Another requirement is her SSN.

By the time she'll get her GC, she can apply right away for a state ID. GC and her SSN are the requirements along with the $23 fee (before twas $22)

Just let her wait for the GC, EAD isn't useful anymore once she has the GC. especially now that she'll receive her GC days after her EAD, or sometimes, simultaneously.

goodluck

My understanding is that a K-1 visa is voided as soon as you enter POE. Basically your K1 visa had been replaced by your I-94. So yes, this is true. I dont agree with the EAD however, I think you can either adjust your status (AOS) or have your I-94 extended. EAD is for employment authorization and have nothing to do with state IDs.

EAD could be used maybe as a substitute for GC. If u have EAD, it proves that ur working or staying here in CA or any state... much better if she waits for her GC so she can use it instead of EAD

Ah ok. Makes sense.

My wife had the same problem. They won't issue the state ID in California unless the K-1's I-94 has at least 60 days left on it. In our case, they also gladly took our $23 for the ID and then told us they can't give it to her until she brings something from USCIS (EAD or GC) to show she is staying longer. We asked for a refund because we felt once we got those documents we did not really need a state ID. They refused a refund and said we just had to wait and bring in the other documents. What a crock of crap! Anyways....we waited and took her GC in when it arrived. They still screwed it up and it took over 6 months to get her state ID. She has it now....for what it's worth.

I think they told you the correct answer for DMV....no matter how screwed up the answer is, its the right procedure for them.

Scott