My husband from South Africa and I were married May 17, 2008. We went to the Texas DPS to file for a driver's license the first week of June but were turned away due to the fact that he did not have a SSN (which I thought was wrong at the time). Now that we have his SSN (official card) and have already filed for AOS and received his biometrics appointment letter, we decided again today, July 1, to go get the DPS route going. Well, now they say that he needs an I-94 that has a 6 month expiration date on it since his expired on June 25, just 6 days ago. This doesn't seem possible because all K-1 visas and I-94s expire in 90 days. So they said they will not grant him a driver's license at all under the conditions although he has a passport, SSN, international driver's license, etc. This can't be correct information, otherwise no K-1 immigrant could ever get a license!

We're confused and irritated to say the least. My husband starts studying at university next month and needs to have a Texas driver's license. Please send any suggestions/advice on how you received your driver's license. Is there a way to have another I-94 sent? Can you extend one? Who do you contact to do so if needed?

Thank you for your time and help!

You cannot extend an I-94 that was issued to a K-1... sorry....

Well, the one thing I misquoted is that my husband's I-94 form doesn't expire until JULY 25. So it's not even expired yet, but still she says it has to have a 6 month expiration date on it. Now what?

Will they accept his biometrics appt. letter? That shows he is here legally, at least for now.

Still does not change the answer I gave...

The problem is that Texas (and other states for that matter) have begun to apply the provisions of REAL ID. If a Texas DL is the the only thing that will give you what you need for the school, based on the facts you have shared you appear to be SOL until you file AOS and receive EAD.

I'm afraid you are correct. There is a link for the drivers license reciprocity agreement that includes South Africa. Unfortunately my husband's SA license expires in November of this year. So we have to just wait I guess-- he does have an international license to drive on in the meantime. Thanks for your help, although I wish you could have solved the issue for us! The DPS is no help at all.

I don't believe that they will. There are only a few ways of showing real id, and the foreign passport route must have the I-94 being valid for 6 months remaining. I wish they were easier and would allow proof of legal residence, especially with everything else we have to prove it. Thanks for your reply.

I'm afraid fwaguy is correct. I looked it up before hand, and we didn't even bother going to the DPS until my husband had his EAD in hand. They will not accept just the biometrics letter....they will want to see either an EAD, or the greencard.

Good luck,
-P