dakota44

I am having my wife get her Florida license..which she can do with her I-94...but they will make it valid only until the expiry date on her I-94. Here is the question....with the package for AOS submitted, will there be any receipt or document sent to her indicating her stay beyond the expiration of the I-94 is legal pending AOS..so that she can submit something to Florida DMV to have her license extended beyond the expiry of her I-94?

Rete

The receipt/NOA is not sufficient for the extension or even the original obtaining of a driver's license. She can get the DL extended once she has her EAD.

dakota44

so unless she has the EAD by the time her I-94 expires...not license renewal. Not likely that will happen in two and a half months. I'm assuming the EAD is not issued prior to interview???

Bob

It should be issued within 90 days of the NOA receipt...

dakota44

ahhh. ok. Forgive my stupidity on the subject..I assume the NOA is simply a Notice of Acceptanceor Action or some such thing.. of your applications? It is only proof that they received them. And what is the timline for receiving the NOA?

meauxna

dakota, you should look into the Florida regulations; these rules vary from state to state. I have a nagging feeling that you might get a happy result with a NOA in Florida, but don't hold me to it. Do a bit more research.

The EAD *is* issued prior to the AOS interview. After a successful AOS interview, the immigrant does not need an EAD--it is the work permit for that time *until* AOS is approved.
EADs are generally issued about 3 months from application date.

dakota44

ahhh. thanks. I looked at Florida DMV website..but need to take another look.

Bob

Notice of action indeed, it's the receipt that they got your application, and they should process the EAD within 90 days of that date...as for how long it takes to get the NOA, can't say, but it's probably within a couple weeks or so from you sending all that stuff in.

dakota44

Florida DMV

Immigrants
Each immigrant who applies for an original driver license or identification card must submit:

1. Alien Registration receipt card, (Green card, Form I-551); or
2. I-551 stamp in passport or on I-94; or
3. Immigration Judges Order, with the customer's A-number, granting asylum; or
4. I-797, with the customer's A-number, stating the customer has been granted asylum; or
5. I-797 or another form from the Bureau of Citizenship and Immigration Services, with the customer's A-number, stating the customer's application for Refugee status is approved; or

Non-Immigrants

Each non-immigrant who applies for an original driver license or identification card must submit:

1. Employment authorization card issued by the United States Department of Justice (Form I688B or I-766); or
2. Proof of nonimmigrant classification provided by United States Department of Justice (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your INS documentation with you.). I-94s must be accompanied by a Passport. 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 IAP-66.
* Refugee, asylee and parolee classifications must be accompanied by additional documentation.


So at this point..apply for license as non-immigrant...and then hope the EAD arrives fast.

Rete

The EAD has nothing to do with the AOS interview other than the pending AOS is the basis for her ability to work.

While Bob and others might tell you the EAD must be received within 90 days of receipt, that is not entirely true and/or accurate. The 90 day period might actually start from the biometric date and not the receipt date and then there is the dilemnia that the district office might not issue her a temporary EAD after a 90 day wait regardless of whatever the law says.

dakota44

so it's really all just a crap shhot then.

Rete

You got it!

Capt. Tuttle

dakota44 wrote:
>>dakota, you should look into the Florida regulations; these rules vary
>>from state to state. I have a nagging feeling that you might get a
>>happy result with a NOA in Florida, but don't hold me to it. Do a bit
>>more research.
>>
>>The EAD *is* issued prior to the AOS interview. After a successful AOS
>>interview, the immigrant does not need an EAD--it is the work permit
>>for that time *until* AOS is approved.
>>EADs are generally issued about 3 months from application date.
>
>
> Florida DMV
>
> Immigrants
> Each immigrant who applies for an original driver license or
> identification card must submit:
>
> 1. Alien Registration receipt card, (Green card, Form I-551); or
> 2. I-551 stamp in passport or on I-94; or
> 3. Immigration Judges Order, with the customer's A-number, granting
> asylum; or
> 4. I-797, with the customer's A-number, stating the customer has been
> granted asylum; or
> 5. I-797 or another form from the Bureau of Citizenship and
> Immigration Services, with the customer's A-number, stating the
> customer's application for Refugee status is approved; or
>
> Non-Immigrants
>
> Each non-immigrant who applies for an original driver license or
> identification card must submit:
>
> 1. Employment authorization card issued by the United States
> Department of Justice (Form I688B or I-766); or
> 2. Proof of nonimmigrant classification provided by United States
> Department of Justice (Form I-94, not expired, with required
> supporting attachment(s). If in doubt regarding required documents,
> please bring all of your INS documentation with you.). I-94s must be
> accompanied by a Passport. 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 IAP-66.
> * Refugee, asylee and parolee classifications must be
> accompanied by additional documentation.
>
>
> So at this point..apply for license as non-immigrant...and then hope the
> EAD arrives fast.
>

We had problems getting my wife's Florida DL. We waited until she got
her permanent resident card. That took two years. We then went in with
that and her French DL and she got her Florida DL with no problem at all.
A lot depends on which office you visit and which person you deal with.
One reason we waited was so that she could get her multiple year
license. They know very little or nothing about K-1 visa holders.

Noorah101

My husband had the same problem. His I-94 expired and he needed to renew his AZ state ID. He had not yet received his EAD. We went to DMV and they extended his ID to the date his K1 visa was valid (about another 3 months). I asked why they didn't use that date in the first place, they said because they are supposed to use the I-94...but in his case, since his EAD hasn't arrived yet, they'll use the K1 expiration date. I guess it just depends who you talk to. When his EAD came in, we went yet again and extended his ID for 1 year.

Rene

dakota44

in our case...all she has is the I-94...so the EAD needs to come quick. lol