FL Driver's License

[Izoom 0]

We were married on the 6th and just received our marriage license yesterday. I've been trying to get the AOS packet

together as well as getting important ID's changed. We just got back from the DMV with some information that I think conflicts

with what I read on the FL DMV website.

The woman at the desk told us that the only form of ID that she would be "allowed" to give us today would have been

a driver's license with her maiden name and would ONLY be valid till Jan 22. That is the date that her K-1 expires. I was

under the impression that bringing her Canadian passport and US social security card, both with her maiden name, would be

proof enough for a license in her married name. Am I jumping the gun here?

I've read the guides here that have suggested that the SSA won't change her name unless she has two forms of ID showing

the newly changed name. So if the DMV won't give us the ID and the SSA says go to the DMV...who is right and who is wrong?

[I'm Gone 60]

I've read the guides here that have suggested that the SSA won't change her name unless she has two forms of ID showing the newly changed name.

Where did you read that? And it's wrong.

If she already has an SSN, she can have the name on her SSN record corrected and be issued a card in that name as long as she can provide a valid legal name change document (marriage certificate) and it shows info that can be compared to the current SSN record, i.e. age or date of birth and unexpired proof of work authorzation, i.e. I-94 showing K-1 status.

Even though she cannot be issued an SSN card without proof of current work authorization, she may still be able to have the name corrected on the SSN record.

RM 00203.510 D4 Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change, e.g., a name change.

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0100203510#D4

Enumeration: Change in Policy Regarding Acceptable Name Change Documents for a Replacement SSN Card for a Name Change:

https://secure.ssa.gov/apps10/public/refere...33;OpenDocument

[Izoom 0]

Hmm, perhaps then I misread something along the way. Thanks for clearing that up.

She DOES have a SSN with her maiden name and "Valid for Work ONLY with DHS Authorization" printed on it. I will get over to the SSA

office asap so that we can get that card replaced with her new name. I know that the authorization text will remain on the card.

Any information or tips on the driver's license situation?

Edited December 22, 2008 by Danielle-Justin

[I'm Gone 60]

Hmm, perhaps then I misread something along the way. Thanks for clearing that up.

She DOES have a SSN with her maiden name and "Valid for Work ONLY with DHS Authorization" printed on it. I will get over to the SSA office asap so that we can get that card replaced with her new name. I know that the authorization text will remain on the card.

Any information or tips on the driver's license situation?

Do NOT DO NOT give up the old card until you get the new one.

Few things to point out to the SSA office

RM 00203.210 C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

RM 00203.210 Changing Numident Name Data:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

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RM 00203.735 Requesting Online (Primary) Verification By SAVE:

http://web.archive.org/web/20051002025945/.../lnx/0100203735

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

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RM 00201.080 Field Office (FO) Disposal of Returned Social Security Number (SSN) Cards:

http://web.archive.org/web/20060210014436/.../lnx/0100201080

2. Card Returned With Request For Replacement Card or New SSN

If the applicant has a card and requests a replacement card (duplicate or corrected) or a new SSN:

-- Ask the applicant to return the old SSN card. (If the applicant does not have the card with him or her, remind the applicant to return the old card to SSA for destruction or to keep the old card in a secure place [not in a wallet or purse]).

NOTE: Do not forcefully confiscate the SSN card if the applicant refuses to relinquish it. Similarly, return the old SSN card if the applicant requests that it be given back.

RM 00203.735 and RM 00201.080 were removed from the SSA Website, but the archived copy is still valid POMS procedure for RM 00201.080 and RM 00203.735 section E is still part of the current version of that POMS section as far as the one letter tolerance, no middle name and having changed your name.

[Izoom 0]

I thank you for your detailed response and emphasis on certain DO's and DON'Ts.

When at the window inside the SSA building, after handing in the completed application for a replacement SSN card, you are suggesting that she not

mention or point out having her current SSN card with her at that time? Is this to prevent any "lapse" of time where she may be without a card? That's my

only question regarding your answers. Otherwise, everything else is clear.

[aidan80 9]

I thank you for your detailed response and emphasis on certain DO's and DON'Ts.

When at the window inside the SSA building, after handing in the completed application for a replacement SSN card, you are suggesting that she not

mention or point out having her current SSN card with her at that time? Is this to prevent any "lapse" of time where she may be without a card? That's my

only question regarding your answers. Otherwise, everything else is clear.

What I did when I went in to get my card replaced was.. "I forgot it, I don't normally carry it with me" and they where ok with it. I was getting mine replaced after I got the green card as I wanted the "Authorized for Employment..." notation removed. I didn't want to risk being stuck without a card if anything went wrong.

[I'm Gone 60]

Is this to prevent any "lapse" of time where she may be without a card?

Yes

[Krikit 1,163]

Hi Justin. She'll need to bring her passport, AOS NOA (I-797), one or two pieces of mail with her name and current address, her marriage certificate, and her Canadian driver's license. Florida doesn't usually take the Canadian license but if they try to, don't let them. Make sure the AOS is submitted in her married name. Florida requires the USCIS documents to reflect the name you want the driver's license issued in. Here's the link.

Congratulations on your marriage.

[Shannon ♥ Nick 0]

Nick just did a quick search and the FL website says if you've recently had a name change you need to update it with Social Security first before coming in to get the DL. Good luck!

[metinil 0]

When I arrived in FL as a tourist I went to the DMV and was able to get a "temporary" (1 yr) driver's license with my passport and Canadian DL. They did the eye test and that was it, no problem!

[Krikit 1,163]

When I arrived in FL as a tourist I went to the DMV and was able to get a "temporary" (1 yr) driver's license with my passport and Canadian DL. They did the eye test and that was it, no problem!

Canadians are allowed a Florida State only driver's license (meaning you can drive in Florida but nowhere else) with proof of citizenship. However, the immigration visa and I-94 within the passport invalidates the special license and we are required to apply as a regular non US citizen.

[michellemilitza 1]

Ok, at the FL DMV things are a little upside down. Ricardo got here in June and by the time he had all the requirements to get a FL DL (the drugs/alcohol class, the written test, eye test and driving test) they only gave him a temporary license (a piece of paper) and then we had to wait to get a license with his face on it which expired the day his K1 expired . Even though by then he had his SSN, they only go by his immigration status. He just got his EAD last week, and we went today again to the DMV, and again they gave him a temporary license that expires in a month while he gets his "real" license that is only valid for 1 yr (b/c his EAD is only valid for one year) he had to pay 10.00 and had to do the eye test again. SO basically he's been driving with an expired licese all this time but thank God he never got pulled over. And then when he gets his green card we have to go thru the same process. The name that they put on the license is the name that appears on the immigration docs, whether it be the K1, EAD, passport, etc., so for now your wife might have to get a DL with her maiden name. Once you get your EAD then you can go ahead and use the name that appears on that , with a copy of your marriage certificate in order for our wife to have her married name on her license.

Also note, even though my hubby had his license from his country (Panama) he had to take everything again as if he had never driven in the states. For Canada I don't know if they do a waiver but be prepared just in case.

Hope this helps.

Merry Christmas!

Edited December 23, 2008 by michellemilitza

[Izoom 0]

Granted we have each dealt with some of the "upside" rules at our government offices...but it just seems like the DMV is a special kind of upside down.

So, after doing some reading and getting more paperwork together for the AOS submission here soon, I've decided to take this approach:

Go to SSA office and show them the marriage license so that she may get another card with her taken name on it.

Send in application for AOS, EAD, and AP sometime in the next 1.5 weeks.

Wait

Wait some more

Get EAD with her taken name on it.

Apply for DL (probably one that is valid for a year) with her taken name on it (hopefully).

Sound like gravy?

[Krikit 1,163]

Granted we have each dealt with some of the "upside" rules at our government offices...but it just seems like the DMV is a special kind of upside down.

So, after doing some reading and getting more paperwork together for the AOS submission here soon, I've decided to take this approach:

Go to SSA office and show them the marriage license so that she may get another card with her taken name on it.

Send in application for AOS, EAD, and AP sometime in the next 1.5 weeks.

Wait

Wait some more

Get EAD with her taken name on it.

Apply for DL (probably one that is valid for a year) with her taken name on it (hopefully).

Sound like gravy?

You don't have to wait for the EAD. You just have to take in the NOA. The first license will be valid for one year. Once she receives her GC her license will be renewed for six years (when she goes in to renew). At least, that's how long they issued mine for.

[metinil 0]

When I arrived in FL as a tourist I went to the DMV and was able to get a "temporary" (1 yr) driver's license with my passport and Canadian DL. They did the eye test and that was it, no problem!

Canadians are allowed a Florida State only driver's license (meaning you can drive in Florida but nowhere else) with proof of citizenship. However, the immigration visa and I-94 within the passport invalidates the special license and we are required to apply as a regular non US citizen.

I was given the option to surrender my Canadian license which would make the FL license valid in all states. I chose not to. When I got the license I didn't know I was going to get married so I don't know about how AOS or any other visa affects getting a DL or the terms of the DL.