DMV ID -- need help

[Nich-Nick 3,353]

Most states now require proof of a length of time that you are allowed in th US. Everybody else seems to have a specific date except K1s, so we K1s fall through the cracks and the rules don't favor us to get state ids or licenses. Being allowed to remain past your 90 days while awaiting a decision is too vague. That's about all the I797 receipt shows...that you applied and hope to get approved to remain in the US. If you were denied AOS but had a 6 year FL license, you could just hide from immigration and use your DL to appear like any other Florida citizen.

A K3 gets an I-94 for 2 years. I guess the tourist visas have a specific approved time on their I-94 is why FL gives them a license. A K1 has 90 days of proof. That's just the terms you have to cope with. Your EAD will get you a license that expires when your EAD expires--one year--because that's when your proof runs out.. The green card will get you a license for a longer period.

It's all about Homeland Security and not issuing ids that would allow an illegal immigrant or one over-staying to appear to be legal cause they have a valid FL license.

Edited November 21, 2010 by Nich-Nick

[Tahoma 2,291]

Hi Chris and Ainee...

i came here with a k1 visa.. got married last September 25, 2010 with my beloved husband.

we have our marriage license with us.. and used that to get a SSN-card with my new married name.

most of the time i have to use my passport as my id. we have tried getting a joint account today at a bank...

but the bank would only let me register my maiden name. but i will have to go back to change the name when i get a state issued ID.

You need to open an account at a bank which will honor your passport and your marriage certificate. I opened a checking account and a savings account at Wells Fargo for Chinook using Chinook's maiden name, and also a joint account with my name and Chinook's maiden name on it. I did this before Chinook arrived in the U.S. For ID to open the accounts, Chinook simply emailed me scanned copies of her passport information page and another one of her IDs from 'Pinas. I took those into Wells Fargo and opened the accounts.

When Chinook arrived in the U.S., she changed her accounts at the bank to her married name using our marriage certificate.

we have gone to the DMW today to get an ID. i was also suppose to apply for a driver's license.

when our number was called.. the lady told me that i needed my I-797 as part of the requirements.

so we want back the same day (today) with my three (3) I-797.

1. I797- NOTICE FOR I485 AOS

2. I797- NOTICE FOR I765 EAD

3. I797- BIOMETRICS APPOINTMENT LETTER

now, on these 3 I797's

it says there that i can bring a state-issued photo id as one of the evidence of my identity.

having that said, i thought i can easily get an ID.

the thing is the lady told me i can only get an ID that has my maiden name.

NOW HERE'S THE BIG PROBLEM. I already have an ID with my maiden name on. That's my PASSPORT!

the problem is this -- IF THEY PUT MY MAIDEN NAME ON THE STATE ISSUED PHOTO-ID, THEN IT WON'T MATCH MY SOCIAL SECURITY NUMBER.

now i have also brought my marriage license to PROVE the name change.

the letters that homeland security sent me.

and my SOCIAL SECURITY NUMBER CARD that even has my current address.

i'm going back on monday (November 15, 2010) since it was already 5pm and there's not much they can do.

and i know they want to go home because it's the weekend.

so the second lady i spoke to was kind enough to help me and ACTUALLY UNDERSTOOD MY DILEMMA. the first lady i talked to was an old lady

who didn't seem to grasp the problem that i was having. she was even rude! sigh...

now, i noticed that there are 2 categories that i may be eligible to... non-immigrant or immigrant.

since my status is still pending because i have just applied for my adjustment of status... the only I797 i have are receipts.

the first lady i spoke with, told me that i would have to be granted an APPROVED I797... which would mean i would have my greencard by then.

so now i want to know, what kind of requirements did they ask of you to have a DMV state issued ID.

it's frustrating how we all try to do it the right way but there's a bump on the road.

is there any site or document that i need to see... so i can print it and show it to them.

so that i would have grounds of telling them that i have the legal right to obtain an ID from them.

otherwise, where can i get an ID?

so now i need some wisdom from everybody who has gone through this.

especially the ones that have obtained an ID without a green card yet.

Chinook received her Washington Sate ID card using her passport, which was in her maiden name, her Social Security card, which was in her married name, and our marriage certificate, which has her married name on it.

I don't know the rules in Florida, but you may want to talk to a supervisor at the Florida Department of Motor Vehicles because it is hard to believe that you would have to wait for your EAD, your AP, or your Green Card before qualifying for a state ID or a driver's license.

THANK YOU IN ADVANCE.

Maraming walang anuman po.

[Tahoma 2,291]

i am going to report/register my marriage to the nearest consulate... after which i can apply for a new passport with my married name.

i have to first send in the registration before i can personally apply for a new passport.

my passport will be expiring in a few months... in May of 2011 to be exact.

It's my understanding also that the Philippines consulate requires you to report your marriage before you are allowed to renew your passport in your married name. At least you can register your marriage by mail.

aside from that i have found out the nearest consulate in Florida is in Miami... about 10 hours away from where we live.

Keep an eye on the Miami consulate's website because they are always doing outreach in their territory. You may find the outreach coming to a location much nearer to where you live. In our case, thank goodness that the San Francisco consulate has two outreaches per year in Seattle where we live.

[Tahoma 2,291]

that's odd.. because you can have your ssn card under your new name.. i think there's a link here in vj that says that.

because with the guide.. i remember you can either apply your ssn as soon as you arrive... but will have to have a name change once you get married...

however, things can be different with each state... so i don't know...

Your Social Security card falls under a federal program and is not subject to state rules.

but what's bugging me is the thought that they will issue me an ID but with my maiden name. because they said i have a passport..

and they are basing my ID from my passport. BUT there's also something in their site that says if you've recently changed your name

just bring the legal document that proves your name change... which on this case would be our marriage contract...

That's absolutely correct...your marriage certificate is a document which proves a legal name change.

question for everybody: should i take their offer on getting my ID card with my maiden name.. and just come back a week after and say.. hey guess what here's my marriage contract... can you change my name on my ID please? which is actually considered a new application for a card.. coz you would have a new name and a new signature that would not match your old ID... now doesn't that seem like a lot of work? if they'll actually give me a new card with my married name.. why don't they just do it the first time? i guess i'm being silly... i got 2 days before i'll see the answers.... if it doesn't work then i just have to grin and bear it for a while.. and apply again next time...

I would take your passport, your Social Security card, and your marriage certificate to the DMV and talk to a supervisor.

Edited November 22, 2010 by Tahoma

[Tahoma 2,291]

Looks like you may have to wait for your EAD...and hope it has your married name on it. The following is from the Florida DMV.

Original Driver License or Identification Card Florida law requires identification, proof of date of birth, proof of residential address, and proof of social security number (if issued, Chapter 322, Florida Statutes, requires the Department see proof of social security number for the issuance of driver license and identification cards) from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card.

Each Non-U.S. Non-Immigrant renewing or applying for a new driver license or identification card must submit:

! Name Change

If you have legally changed your name by marriage or court order, you must have your name changed on your Citizen and Immigration Services (CIS) documents.

1 Primary Identification

Gather one original or certified copy of the following documents:

Valid employment authorization card issued by the United States Department of Homeland Security (Form I688B or I-766); or

Proof of nonimmigrant classification provided by United States Department of Homeland Security (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your US BCIS documentation with you.). I-94s must be accompanied by a valid Passport with a date of entry stamp. Certain classifications require additional documentation. Some examples are:

• F-1 and M-1 classification must also be accompanied by an I-20.

• I J-1 or J-2 designation must be accompanied by an DS2019.

• Refugee, asylee and parolee classifications must be accompanied by additional documentation.

I-571 Travel Document/Refugee Travel Permit**

I-512 Parole Letter Accepted**

IJO- Asylum or Cancellation of Removal - Immigration Judges Order granting Asylum or Cancellation of Removal.**

NOTES

All required and supporting documents MUST be original or certified.

Documents must be valid for more than 30 days from the date of issuance.

Non-U.S. citizens applying for an original driver license will be issued a 30-day, no photo, paper temporary permit and a receipt. Non-U.S. citizens applying for an identification card will be issued a receipt.

All records are transmitted to our database in Tallahassee, where the information will be examined and run against FDLE, FBI and US BCIS databases.

Upon identity and legal status verification, a driver license or identification card will be issued within 30 days from Tallahassee, mailed to the address on the driver record. The license or identification card will be issued for the period of time specified on the US BCIS document, up to a maximum of one year.

If a problem is detected, a denial of issuance letter will be mailed to the customer.

** These documents will only be accepted with an additional document, including but not limited to a valid Passport with a date of entry stamp, a valid Employment Authorization Card, or other USCIS documents plus one secondary document like a Florida Driver License or Identification Card, Driver License from any other state, Employer Identification, Identification from home country, Identification from school or college, Social Security Card (Chapter 322, Florida Statutes, requires the Department to see proof of social security number for the issuance of driver license and identification cards) or other USCIS document. If in doubt regarding required documents, please bring all of your USCIS documentation with you.