Confused about getting a state ID in California DMV

[Dr Mirage 0]

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.

Lastly, 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.

Thank you.

Edited June 4, 2008 by Dr Mirage

[payxibka 10,048]

This is now a very common situation.....

[tijuanahilton 0]

this is true in california. You can't get an ID until you have the EAD or greencard, and it will only be valid for the life of that ID.

[YuAndDan 153]

Most states, base the ID expiration on the date that legal presence ends, that us I-94 date, EAD date, or Green-card Date.

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

[Dr Mirage 0]

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.

[YuAndDan 153]

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.

Carry passport, and copy of I-485 NOA 1 letter. The NOA 1 letter prooves that you have filed AOS and are "AOS pending" until you have EAD card.

My wife's I-94 expired and only had the NOA1 letter to prove legal status, this is common for virtualy ALL K-1 and K-2 holders.

[mari&Ryan 93]

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.

That is unfair different rules for each state, i came here in K1 visa the last february, im living in Chicago and i was able get my Illinois state ID and Driver's license valid for 5 years with not restrictions.

Good luck and best wishes for you and your wife

[YuAndDan 153]

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.

That is unfair different rules for each state, i came here in K1 visa the last february, im living in Chicago and i was able get my Illinois state ID and Driver's license valid for 5 years with not restrictions.

Good luck and best wishes for you and your wife

Driving privileges are a state's rights thing and are regulated by the states, so it is up to the states to decide who they will and will not issue this privilege to.

[Dias Melhores 0]

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.

Carry passport, and copy of I-485 NOA 1 letter. The NOA 1 letter prooves that you have filed AOS and are "AOS pending" until you have EAD card.

My wife's I-94 expired and only had the NOA1 letter to prove legal status, this is common for virtualy ALL K-1 and K-2 holders.

So what you are saying is that California will issue a DL or State ID with a valid I-94? If yes, will the California DL or State ID expire when the I-94 expires?

[Dr Mirage 0]

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.

[Dias Melhores 0]

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.

I know it takes a lot of extra time, but maybe you should try a different DMV office?

Edited June 5, 2008 by Dias Melhores