Can't get a state ID!! Please Help!

[BlueBubbles 0]

Hello guys

I am the beneficiary, and today my fiance and I went to the DPS in order for me to get an ID state, but the lady we spoke to, told us that it will not be possible since my I-94 would need to have a validity of 1 year.

I came to the US on Oct 04 2010, and my I-94 will expire on Jan 02, 2011.

So what can I do?? Do I need to wait until I get a GC as the lady said? or try it with the NOA1 of AOS? Do i have any other option?

By the way, yesterday we went to get my SSN, they said they will send it in 2 weeks, even though we didn't have to fill any form as I read in the guides.

We live in Texas. and we are getting married next week.

Am i missing something?

Please visajourney experts help me. Thank you so much for your time and advice!!

[BlueBubbles 0]

I apologize if a similar case was posted before, but we all would like to get answers about our specific case.

[PurpleSky 19]

From my understanding you won't be able to get a state id until you're "lawfully" a state resident which again from my understanding is once you adjust status and receive your conditional green card. Why are you trying to get it now? Your passport should be enough to prove identity for the time being. Maybe we can help you a bit better if the reason you feel you need it right now is known.

[Krikit 1,163]

Looks like you'll have to wait for your greencard in Texas: Link

Moving from K-1 Progress to Moving to America forum.

[nickbits 43]

I would go again and talk with a different employee but from what I have read about TX, you'll have to wait for your GC.

In MI they don't seem to care, my wife's I94 expires in Nov but they gave her a 3 yr license.

[Krikit 1,163]

I would go again and talk with a different employee but from what I have read about TX, you'll have to wait for your GC.

I wouldn't go and try again because the rules in the link are quite clear.

In MI they don't seem to care, my wife's I94 expires in Nov but they gave her a 3 yr license.

She must have met the MI State requirements. They are quite different than Texas.

[BlueBubbles 0]

I wanted to get a state ID because I didnt want to carry my passport on me wherever I go (bars especially, but also wherever I go since its my only form of ID). Is there any other ID option I can get in my situation in Texas?

[Brother Hesekiel 2,235]

Leave your passport at home. A passport is for international travel. There is no law in the US that would require you to carry your passport with you.

[TBoneTX 43,160]

Leave your passport at home. A passport is for international travel. There is no law in the US that would require you to carry your passport with you.

Perhaps other than the various states' "failure to identify" laws, if the individual has no other form of ID. Edited October 22, 2010 by TBoneTX

[Nich-Nick 3,353]

I am 100% positive you can get an ID or Texas drivers license with your EAD card, but not with AOS filing proof. The law changed Oct 1, 2008. I communicated all the way to the top in Austin to clarify the rules that were new when we were doing this. An EAD card will get you a license or ID marked temporary visitor. There's more clarity since we sorted this out and more information has been published http://www.txdps.sta...StatusChart.pdf

And here's something I posted a few days ago in reply to another thread that will help explain it.

Concerning the issuance of driving licenses to K1s--- You are in a tiny minority and will go through a limbo phase where you feel like you're a "nothing" because most of the rules are for other visas, etc. Rules in most states have changed due to pressure from the federal government and Homeland Security because of illegal immigration crackdowns. I will speak for Texas because of newspaper articles I read when the changes occurred (same day my fiance entered.) The principle is the same.

Texas was issuing 6 year licenses with any proper identification of legal entry into the US. If you had a valid anything, you'd get a 6 year license. Once you've got a driver's license to show for ID, you appear as "legal" as any native born. People were coming from all over to get a TX DL because other states had already amended their rules.

Now most states will issue a license only for the period of legal presence in the US. Getting a DL with an EAD card will give you a DL that expires in one year (date on EAD card.) If you had 7 months left on another visa, you could get a license that would expire in 7 months. A K1 get's 90 days and in most states that isn't considered long enough to bother giving a license. A minimum of 1 year legality is more the norm, which is why an EAD card works. Expect to go back and pay again for full length license if you get one on the EAD. That might be just a month after getting EAD. It makes sense how it is set up if you consider homeland security and attempts to limit ways that illegal immigrants can appear legal.

I will also give you a head's up if you move and need to change your address, even as a green card holder. The USC can do the change online and get a new DL in the mail. The GC holder will have to go in person to a DPS office and prove their legal presence all over again. Yep, been there, done that, spent the 2-3 hour wait to change an address. Seems like if they gave you a 6 year license, they would know you passed the "legal" test and change your address without extending the date of the license. Per an e-mail from Austin, "we don't note that information in our records."

[Brother Hesekiel 2,235]

Perhaps other than the various states' "failure to identify" laws, if the individual has no other form of ID.

You have to identify yourself, that's true. If you are walking down the street and a cop approaches you, you are required to identify yourself. True. You do that by saying: I'm am John Doe, I live in Dream Town. Anything else I can help you with, officer?

For the same reason we just recently had this uproar regarding Arizona's 1077 bill. There is no law requiring anybody to carry ID with them. The law just requires people to identify themselves once being asked so by law enforcement. People were complaining assuming that from now on they would have to carry ID with them, as it's specifically required of Green Card holders. Not the case, not even if 1077 had passed. The verbal statement "I'm a US citizen" would have been enough.

(Don't mix this up with the requirement to carry a valid driver license when operating a vehicle. That's a totally different thing.)

[BlueBubbles 0]

Looks like according to the law and norms we are going to have to wait until we get the EAD, and then apply for a state ID.

I would like to thank everybody for taking the time for reply.

[SWA2 1]

Hello guys

I am the beneficiary, and today my fiance and I went to the DPS in order for me to get an ID state, but the lady we spoke to, told us that it will not be possible since my I-94 would need to have a validity of 1 year.

I came to the US on Oct 04 2010, and my I-94 will expire on Jan 02, 2011.

So what can I do?? Do I need to wait until I get a GC as the lady said? or try it with the NOA1 of AOS? Do i have any other option?

By the way, yesterday we went to get my SSN, they said they will send it in 2 weeks, even though we didn't have to fill any form as I read in the guides.

We live in Texas. and we are getting married next week.

Am i missing something?

Please visajourney experts help me. Thank you so much for your time and advice!!

I'm from Minnesota, but the laws are similar to Texas and we had the same problem. I believe you have to prove that you are a legal resident for a minimum about of time, either 6 or 12 months before they will issue you an I.D. We married immediately and then applied for AOS and a social security card. After the social security card arrived I had my wife added to my checking account and made her an authorized signer on my credit card. We wanted the I.D. for writing checks, credit card, etc. We went to the local Dept. of Motors Vehicles office and filled out an application for an I.D. using her Social Security Card and passport. However, we soon got a letter back from the state saying she would be unable to get an I.D. because her I-94 was good for only 90 days. I called the office and they told me I could come in and make an appeal. When I got there they gave me the 6 month - one year spiel (I forget what time frame) and that the I-94 was only good for 90 days and that my wife would need a green card or EAD. I pulled out the Advance Parole Notice we had just received and showed them that it was good for a year. They decided to accept this as proof. Of course, the EAD came in the mail about 3 weeks later so we didn't really buy much time.