FLHSMV cancelled my driver's license

[Yareth 198]

If anybody can help me with this issue, I'd be much obliged :). 

I am currently in Authorized Stay pending my I-485 Adjustment of Status application from a K1 visa. I am a Florida resident.
In the past half year or so I went through the pesky business of acquiring an American driver's license. I did the test and written exam and 'passed with flying colors'. So far so good.

Besides that, I supplied the relevant documents as stated by Florida statutes, which are proof of address (two), evidence of pending adjustment of status (NOA1) and evidence of lawful entry (stamped K1 visa and certified marriage certificate). The employee at my county's designated tax office for non-US residents checked and accepted the evidence. They issued me a temporary license (a piece of paper to be used with my passport) and told me my license should be produced and sent within 60 days. So far so good.

However, on June 18th I received an order of cancellation (see below). I falsely assumed this was just a warning that my temporary license would expire (not my brightest moment). Today I found out through the MyDMVportal system of FLHSMV that this is actually a cancellation of my entire license. I am confused by this, as I have a valid basis on which to apply for a license (pending I-485). 



I would like y'alls advice on how to proceed, as the letter seems to show several avenues of action. What do you think I should do and what do you think this letter means, exactly. What am I missing?

[Boiler 47,487]

EAD usually does the trick.

[Yareth 198]

Based on the statutes I should be able to get one with a pending I-485 alone. EAD clock has been ticking for four months :). 

[Boiler 47,487]

Certainly in my State I needed EAD, well there is a license now for Ilegals, there wasnt back then, I doubt Florida does that.

[Yareth 198]

Check the statutes in the link I provided, 322.08 (2)(c)8.g. :

"8. Proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original driver license. In order to prove nonimmigrant classification, an applicant must provide at least one of the following documents. In addition, the department may require applicants to produce United States Department of Homeland Security documents for the sole purpose of establishing the maintenance of, or efforts to maintain, continuous lawful presence:"

"g. Evidence that an application is pending for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States, if a visa number is available having a current priority date for processing by the United States Citizenship and Immigration Services."

This is a government-maintained website (m.flsenate.gov).
 

Edited July 9 by Yareth

[P055UM 334]

I guess I’d go to the drivers license office and plead your case. If you get nowhere then appeal.
 

Like you said, you have the valid documentation, it’s sucks that you have to go through this but if you don’t have alternative documentation, you don’t seem to have any other choice. 

[Crazy Cat 44,492]

Just do what they want.  They want more info about your spouse petitioner.

[Yareth 198]

You just blew my mind. I completely missed "Your petitioner" and did not link it at all to my partner. Thank you.
 

[Edward and Jaycel 1,923]

53 minutes ago, Crazy Cat said:

They want more info about your spouse petitioner.

Yup... as usual, @Crazy Cat beat me to the post but this is what they are asking for  Good luck and let us know how it goes

[Scott-Ilyn 86]

14 hours ago, Crazy Cat said:

They want more info about your spouse petitioner.

Good catch.  I missed that too.

[TBoneTX 47,517]

Some of the wisest words ever on VJ:   Your success throughout this process depends on your ability to read carefully, interpret literally, and answer completely and honestly.

[Yareth 198]

And to ask for help when you don’t understand     
 

Very aware of having to read carefully. I just messed up and am now up at the crack of dawn to drive over two hours to the only county DMV around that takes walk-ins. Wish me luck.  

[Edward and Jaycel 1,923]

4 hours ago, Yareth said:

And to ask for help when you don’t understand     
 

Very aware of having to read carefully. I just messed up and am now up at the crack of dawn to drive over two hours to the only county DMV around that takes walk-ins. Wish me luck.  

 

Let us know how it works out!  

[Yareth 198]

Hello my friendly critical friends.
It pleases me to say "Mission Accomplished"!

 

I'll split it up into two parts: 1)The facts and requirements and 2)my experience at the tax collector's office/DMV. 

1) If you are a Florida resident and in a period of Authorized Stay after entering on a K1 visa, you should be able to get a driver's license even without an EAD. This is based on these statutes.

Requirements:
-Depending on agreements with other countries and if you already own a license from your home country, you may or may not have to pass the written test, driving test, and/or follow a Substance Abuse course. Bring the certificate of the last one to your appointment/visit. 
-You need to prove you adhered to the K1 visa by providing your I94, proof of petitioner's (that's the USC/Permanent Resident that petitioned your K1) status (GC, Passport, Birth Certificate), certified copy of marriage certificate, your passport with stamped K1 visa.
-You need to prove that you filed your I-485 by providing your I-797. 
-Bring your I-129F just to be safe. I will explain why in part 2 of this post.

2) I woke up bright and early to go to the office in Marion County which opens at 08:00. I arrived at 07:00 and was the first person in line. This is one of the very few offices in Florida that accepts walk-ins AND non-resident AND nonimmigrant (which is K1). Though I was the first, I was not alone as other people in line came from as far as Miami and there was even someone from Key West(!). Miami-Dade county also accepts walk-ins, but is overwhelmed with people. You need to spend the night in line to get in - it's not recommended. Anyhow, back to the process.
The office opened at 08:00 on the dot. We were greeted by a cheery official who called in the appointments (driver's tests only) and then welcomed the walk-ins. 

I was directed to a very kind lady who accepted the letter I was sent. I provided her with the ID they needed and she lifted the cancellation then and there. She also renewed my temporary license (piece of paper). Then she mentioned she found it very odd that this happened at all. She explained to me that every employee at the offices in different counties uses the same manual for preparing the documentation to be sent to Tallahassee, and that the very first requirement in that manual for a nonimmigrant with a pending I-485 is to provide evidence of the petitioner's status. 

The person that prepared my documentation for Tallahassee the first time seems to have made the exact same mistake I did by confusing 'petitioner' with 'driver's license applicant'.

I requested a printed screenshot of the instructions of the manual and the employee complied. In the instructions, it is noted that you must provide an I-130. However, as a (previous) K1 visa holder you do not need to provide this because, well, you don't have it! The petition instead is I-129f, and though the lady that helped me didn't ask, it won't hurt to bring it just in case. 

After all that, I received a new paper license and a promise to receive the actual license in 60 days. I was advised to come back to Marion County specifically if I haven't received my license by then, as they will speak to Tallahassee directly in that case to handle the issuing or re-issuing of my license. 

So that is all I have for everybody. I hope this information will help future K1 people in Florida as I had a really difficult time procuring the right information and don't wish this on anybody else. 
 

Edited July 11 by Yareth

[Crazy Cat 44,492]

I'm glad you got it straightened out.