California DMV Refuses to issue State ID card

[lbounds 16]

Here's what happened to us, though it's not a requirement for any of the process I wanted my wife to have her California state ID to carry with her and for local plane travel etc.

In July we went to the DMV to fill out the form, make payment and have her photo taken etc. At the time they looked at her passport with the unexpired I-94 attachment in it and also our marriage certificate.

They said that you should have your ID card in the mail within two weeks. We paid the fee etc.

About 1 month later we never got it. I called the DMV 1-800 number and asked about the status of the ID card. I had the reciept from DMV with her ID card number and her name on it. I asked the guy to look up the number and let us know the status. He asked me to repeat the number several times. Then he said we have no record of this number and it's not in the system at all, you need to go to your local DMV office.

We went to the DMV office yesterday. After waiting about 2 hours we finally got to talk to someone. The guy told us that since our I-94 (K1) had expired they were unable to issue a state ID to us. (keep in mind it had not expired when we applied the first time and they "lost" our file).

He said that the DMV does not accept the unexpired VISA or any pending paperwork for our AOS as proof of legal status we can get our state ID card. He basically said we can't get a state ID until we get our green card at this point. I know he talked to a supervisor there about this situation at least for a moment. He then apologized to both of us and he said that they shouldn't have said they would process the state ID the first time when it was about 2 weeks from the I-94 K1 stamp expiring.

I'm disappointed and a bit frustrated by this. If there would have been anything that would have said in writing that in order to apply for a california state ID when showing an I-94 it must be valid for at least 60 days I would have known that. However I never saw anything like that at all as a requirement.

Now my concern is that we plan to travel by plane to see family for the holidays this year (within the US). As we travel by plane the only photo ID she has is her maiden name Philippine passport. The VISA in her passport is expiring in October so by the time we travel her US VISA and I-94 are expired. The only thing we will have maybe is her pending paperwork for the AOS while we wait for greencard.

Do I need to be concerned about US travel with her passport with the attached expired US VISA in it ?

Please let us know if we need to be concerned or not. We really don't want to worry about this stuff when we travel to see family in USA. I wanted the State ID for this to avoid any confusion with airport staff looking at her passport while status is adjusting...

Edited August 31, 2010 by lbounds

[Bobby+Umit 161]

Forget about the K-1 visa in the passport. It's a "one use" only visa. You used it.

For travelling in the US - take a copy of your NOA from the AOS (showing your adjusting for status) and a copy of your marriage certificate (to prove your married).

You shouldn't have any issues.

Ensure her tickets match the name in the passport though. (they are sticklers for that (don't use the married name if it's different).

They will not be concerned about the expired visa in the passport - you don't use visas in country - just when your trying to enter.

Most states have enacted laws concerning immigrant status/id/license status - Ohio did so in 2003. They will only grant it for the amount of time the immigration status is valid for. (in your case, the I-94).

Once she gets the EAD - you could use that to get an ID card (it will only be good for as long as the EAD).

[JimVaPhuong 4,863]

Her visa expired the day she entered the US with it. The K1 visa can be used only one time to enter the US. After that, it's invalid and the I-94 determines the period of authorized stay.

Don't rely on any government agency to be familiar with US immigration laws. Even the customer service people at USCIS often don't give accurate information. If the CA DMV would have issued a California State ID then it would have had the same expiration date as the I-94. The people who screwed up were not the people who refused to issue the ID, but the people who accepted the application (and the fee) in the first place.

Her valid passport is good enough for identification purposes with TSA, and generally acceptable for domestic travel. There is a possibility that they will notice the expired I-94. In that event, they'll call ICE and/or CBP to assist in verifying her legal status. If you're at an international airport then there will be a CBP office at the airport. If you have the receipt notice for the I-485 then they'll be able to verify that she is lawfully present while her AOS petition is being processed. The odds of getting pulled out for this sort of processing and investigation are relatively small, but if it does happen then it will probably delay you. Check in and clear security early to help avoid potential problems.

[Nich-Nick 3,353]

The reason they don't allow state ID or driver's licenses in most states is for the reasons you've mentioned. Your wife's I-94 is expired, but had you gotten a state ID, she would "appear" to be legal by using that ID. You don't have anything in your profile indicating that you have filed AOS. What if you don't file? A state ID issued for a couple of years would make her "appear" as legal as any other Californian. This isn't anything against you, I'm just trying to give an example of why states have altered their ID laws, sorta nudged strongly by the federal government. Those that issue ID or driving licenses have them expire on the date of the I94 or EAD or whatever document gives them a legal length of time in the US. K1s have a disadvantage because they are kinda stuck in limbo between their 90 days and issuance of EAD or green card. Had you gotten an ID, it most likely would have been only for the length of the I-94 anyway and no good to you now.

Domestic travel doesn't go through immigration at the airports. You just get off the plane and leave. So you should be fine. Take the marriage certificate and your AOS receipt, if you have filed.

[JimVaPhuong 4,863]

Domestic travel doesn't go through immigration at the airports. You just get off the plane and leave. So you should be fine. Take the marriage certificate and your AOS receipt, if you have filed.

The risk isn't when you exit the airport, but when you enter. There is a TSA employee who examines boarding passes and ID's at the security checkpoint. The Travel Document Checker (yeah, the person with the latex gloves and UV Mag lite actually has a job title...) has the primary responsibility of looking for fake documents. In the course of doing their job, they do occasionally discover someone who appears to be out of status, and they call CBP or ICE to verify their status. In most of the cases they brag about on the TSA website, they don't discover the person is out of status until after they've determined there's something suspicious about their identification document.

[DouglasFiel 53]

FYI...

A valid government issued ID is what is required... Your passport is still valid... It is the VISA that is expired...

Even so,,, if the ID is not acceptable... But, you are not making an attempt to avoid giving any ID... The following

still applies.

* Don’t have a valid form of ID?

Well you can still get through security, but you will be subject to a manual check, meaning you will be placed in a

separate line so security can perform a more detailed screening, which could include a search of your person or your

carry-ons or both. Be prepared for an extra delay.

regards,

[lbounds 16]

Thanks for your replies and info. I wish though that we could have gotten the info up front from the DMV. I remember the lady putting into the system my wifes passport info and she told us she was checking our status with immigration. I don't know what she was looking at but she told us we are all good as far as the immigration part.

Anyways, I'm now more clear on the US plane travel part so I will relax about that.

Again thanks for the replies. VJ'ers have been always helpful to us during our process.

[Kang Lang 7]

Don't rely on any government agency to be familiar with US immigration laws. Even the customer service people at USCIS often don't give accurate information. If the CA DMV would have issued a California State ID then it would have had the same expiration date as the I-94. The people who screwed up were not the people who refused to issue the ID, but the people who accepted the application (and the fee) in the first place.

hi there JVP...is there somewhere on the dmv website i can find this info, it isn't relevant now but when my husband came back permanently we went into the dmv near my office and they issued him a ca id good until 2013 with his i-94? we had no difficulties at all not even a question about aos in fact we were late aos filers. just wonderdering if they changed the law/rules or if we somehow got a pass?

[JimVaPhuong 4,863]

hi there JVP...is there somewhere on the dmv website i can find this info, it isn't relevant now but when my husband came back permanently we went into the dmv near my office and they issued him a ca id good until 2013 with his i-94? we had no difficulties at all not even a question about aos in fact we were late aos filers. just wonderdering if they changed the law/rules or if we somehow got a pass?

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

The I-94 is supposed to be valid in order for them to issue an ID. They might have screwed up.

[Kang Lang 7]

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

The I-94 is supposed to be valid in order for them to issue an ID. They might have screwed up.

the i-94 was valid we got his ss card about 10 days after re-entry and went straightaway to dmv. interesting that his ca-id is valid longer than his ead or gc though...it's good until 2013 and we are only at the roc planning stage, won't be eligible to actually file until october. guess a govm't agency cut as a lucky break! thanks for the info

[newlyweds2010 208]

This morning I went to the DMV because my wife had to renew her license, so I asked a couple of things. they told me that the I-94 must be valid for 30 days in order to obtain a driver's license. Otherwise you have to wait for the green card (or at least a notice of action expressly approving the AOS).

Any other document saying that AOS is in process (such as a NOA) is not valid.

[B&D 1]

This morning I went to the DMV because my wife had to renew her license, so I asked a couple of things. they told me that the I-94 must be valid for 30 days in order to obtain a driver's license. Otherwise you have to wait for the green card (or at least a notice of action expressly approving the AOS).

Any other document saying that AOS is in process (such as a NOA) is not valid.

Same thing in Maryland (since April 2009)

I went to get my state ID (I can't open a bank account without it), they said they couldn't find me in the system because my I-94 expired. Told them that I was in the process and all that, they told me to go to the BWI airport and ask them to give me a written proof that I'm here legally. ?? ... as if my NOA was not showing that...

Anyway, the guy at the airport said he can't print out any documents and he gave us his phone number instead so the guy from MVA could call and get all the info about my case.

We got there again, he called the Airport Immigration guy, but still didn't want / couldn't do anything without a written confirmation. Later I was told that the state and government agencies are not fond of each other. But the truth is, one can't get a driver's license or a state ID without your case solved.

And as for traveling withing the US, she shouldn't have any problems, these good people before me explained everything well.

Good luck!

[dandk 72]

FYI:

We were denied applying California ID from DMV yesterday due to I-94 is less than 60 days from expiring (57 days to be exact.) For those entering the US with K-1 visa, apply for State ID card as soon as you get your SSN card.

[scott76 22]

Colorado denied us the state ID as well.

Just have to wait for Green Card.

My wife and I have traveled a few times in the US. We always bring AOS and Marriage Certificate. Last flight was in her maiden name. We have a flight in March that we may use her married name since we're close to getting the green card. TSA has always just looked at her visa and disregarded the I-94. But we bring the documents with us every time just in case. No problems traveling as of yet and we have been through lots of airports.

[Brother Hesekiel 2,235]

Second only to SSA employees, DMV drones are for the most dumb as a piece of wood. While we can't really expect them to know anything about immigration issues, they should know what's required to issue a California Driver License or ID: proof of lawful presence for over 180 days. That means a visitor on a B1/B2 can't get one, even if they go straight from the airport to the DMV office, and a K-1 can't get one.

The DMV employee who excepted your application the first time made a mistake, which is more common than it should be, and it was eventually caught. Your wife will have to wait 'til her AoS is approved, or, more precisely, 'til she has proof in hand that it was approved, which in most cases means having a Green Card.