HELP!!!! HELP!!!! HELP!!!!

Okay....my husband arrived on July 19 on a K-1 fiance Visa. We got married on August 17. We went to get his ID card from DMV today and they told him they can't issue it!!! HELLO???? Why not....???? They said the I-94 expires on October 17, 2006 so we need an extention??? Has anyone ever heard of that before?? October is when the 90 days are up but we got married before then and we are filing the AOS/EAD this week. Help anyone!!!!

It depends on what state you're in, but most require EAD or GC to get an state ID or drivers license. Some will accept NOA1 for AOS (such as my own state, Pennsylvania), but I don't believe California does.

Out of interest, why are you so desperate to get a state ID? It sounds like you just want the ID card, not a drivers license. You can just use a passport for ID purposes while you're filing for AOS.

You can always try a different branch of the RMV, I suppose. My husband was lucky enough to get someone who wasn't following the Mass laws and issued a state ID with just our marriage certificate.

this is very common in many states. They do not give out DL's or state ID's without evidence that you are a resident of the state -- ie. either your EAD or GC card. Some offices (including the one I went to) are completely hardcore and won't let you have it until you have a green card in hand (the paperwork showing that you applied for it doesn't count). Fortunately, I was able to drive since I had a valid Canadian DL.

In Florida they will accept your AOS NOA1 and issue an ID card.

Yep, actually the REAL ID act states that NOA1 for AOS is a valid way to prove legal presence in the USA, but sadly most states ignore this and require EAD or GC. We're lucky enough to live in states that follow the federal government's recommendations.

I think the DMV was correct in that they will not give you the card, but they told you the wrong reason.

Important: California won't give a DL or ID without the SSN*.

I would suggest taking his I-94 and passport to the nearest Social Security office and applying for a SSN. The SSN is an important right of K-1 visa holders. This is a simple process for a K-1, but it can be a real PITA later.

Do this as soon as he has been in the US about 2 weeks (so he will show up in the USCIS computer when SSA checks it). The marriage certificate is not necessary [we made the huge mistake of waiting until we had the certificate in hand, and by then the window of opportunity had slammed shut].

Then with his SS card, a still-valid I-94 in passport, and marriage certificate, he can get the California ID and/or DL.

The I-94 is essentially worthless after day 76 (from US entry), so if he waits too long (like we did), he won't be able to get the SSN until he gets his EAD or Green Card (6 to 8 months currently).

Good luck!
Randy


* With narrow exceptions for situations such as assylum and documented native Americans

So if he has an IDP is he better off waiting for the Green Card to apply for an in-state driver's license? I thought you had to get a driver's license after living somewhere for a certain amount of time.