Answered September 2026

Yes, you can seek a Florida state ID with a pending I-485 despite an expired K-1 I-94 if an immigrant visa is available, but a receipt alone does not guarantee that Florida will issue the card.

“I entered the US on a K1 visa and my I-94 has expired. I currently have an I-485 Adjustment of Status pending. Am I allowed to get a Florida state ID in this situation?”

Summary

Your expired I-94 does not automatically erase every Florida ID route: state law specifically mentions pending adjustment, and a valid work-permit card is another listed route. The hard part is that the state’s public checklist does not clearly explain how it handles an I-485 receipt alone for a first-time ID.

Your practical route depends on whether you have a valid work-permit card and, if not, whether your pending adjustment meets Florida’s available-visa condition.

You have an unexpired work-permit cardclearer route

Use your unexpired (Form I-766) as your immigration and identity document. Both Florida’s ID statute and its published nonimmigrant checklist expressly list this route. [Fla. Stat. § 322.051(1)(a)3.g](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0322%2FSections%2F0322.051.html); [FLHSMV checklist](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/).

Your I-485 is pending, but you have no work-permit cardask under statute

Florida law lets you present evidence of if an immigrant visa is available with a current priority date. If you married your original U.S.-citizen K-1 petitioner within 90 days and are adjusting as that spouse, USCIS says those visas are always available. If your application has a different basis, the visa-availability condition still has to be met. Bring your I-485 receipt and supporting USCIS documents, but the state’s published checklist does not confirm that a receipt alone will get you a first-time ID after your I-94 expires. [Fla. Stat. § 322.051(1)(a)3.h.(VII)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0322%2FSections%2F0322.051.html); [USCIS visa availability](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates); [FLHSMV checklist](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/).

Rely on the expired I-94 alonenot enough

Your expired I-94 does not meet Florida’s published requirement for a non-expired I-94. Nor does a pending I-485 qualify for Florida’s separate statutory adjustment-document provision unless its immigrant visa is available. Use a qualifying document or the pending-adjustment provision instead of relying on the old I-94 alone. [FLHSMV checklist](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/); [Fla. Stat. § 322.051(1)(a)3.h.(VII)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0322%2FSections%2F0322.051.html).

A pending I-485 does not renew your expired K-1 I-94 or, by itself, authorize employment. [USCIS policy](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3).

Read the full explanation

Watch out for

A receipt may not be enough at the counterFlorida law expressly lists evidence of a pending adjustment application when an immigrant visa is available, but Florida’s published first-time nonimmigrant ID checklist asks for an unexpired work-permit card or an unexpired I-94 with supporting documents. Federal REAL ID identity-document rules do not list an I-485 receipt by itself. Bring your receipt and other USCIS documents, but do not count on receiving a first-time ID from the receipt alone. [Florida statute](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0322%2FSections%2F0322.051.html); [FLHSMV checklist](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/); [6 CFR 37.11](https://www.ecfr.gov/current/title-6/chapter-I/part-37/subpart-B/section-37.11).

The K-1 marriage condition mattersIf your I-485 is based on your K-1 entry, USCIS says you must have married the same U.S.-citizen petitioner within 90 days. A U.S. citizen’s spouse has an immigrant visa immediately available; if your I-485 rests on another basis, do not assume that its visa is currently available. [USCIS K-1 guide](https://www.uscis.gov/sites/default/files/document/guides/K1_Process_V11.pdf); [USCIS visa availability](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates).

An ID is not work permissionFederal REAL ID rules count a pending permanent-residence application as lawful status for that ID program, but USCIS says a pending adjustment application does not itself give you lawful immigration status. It also does not, by itself, authorize work: an adjustment applicant who lacks another authorization must wait for USCIS to issue a work-permit card before working. [6 CFR 37.3](https://www.ecfr.gov/current/title-6/chapter-I/part-37/subpart-A/section-37.3); [USCIS status policy](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3); [USCIS employment policy](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6).

You may leave with a receipt, not the IDFlorida says a non-U.S. citizen applying for an ID receives a receipt while identity and legal status are verified; after verification, the card is mailed within 60 days. The agency also says documents must be valid for more than 60 days from issuance. [FLHSMV nonimmigrant instructions](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/).

Next steps

These steps put your strongest available proof in front of Florida’s ID office without treating the expired I-94 as sufficient by itself.

Before the office visit

Gather your immigration documents

If you have an unexpired I-766, use the work-permit-card route. Otherwise, present evidence that your I-485 remains pending under [Fla. Stat. § 322.051(1)(a)3.h.(VII)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0322%2FSections%2F0322.051.html), provided an immigrant visa is available; a USCIS I-797C communicates receipt of a filing. Florida’s [published checklist](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/) does not promise acceptance of that receipt as the sole first-time ID document.

Requirements

Your I-485 Form I-797C receipt and other USCIS notices

Your unexpired Form I-766 work-permit card, if you have one

Your passport and expired I-94 as supporting history, not as unexpired proof

Before the office visit

Put together your address and Social Security proof

Florida accepts, for example, a residential lease and a utility bill; the bill must be dated within the last 60 days. If the address documents are not in your name, Florida provides a Certification of Address procedure with the resident who holds the proofs. If you have an SSN, bring the Social Security card, a W-2, or another [listed proof](https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/). Florida says nonimmigrants without work authorization need not provide proof of an SSN, and its checklist says those without a work visa do not need an SSA refusal letter.

Requirements

Two different documents showing your Florida residential address

Proof of your Social Security number if one has been issued and proof is required

At the ID office

Apply in person for the Florida ID

Use the [FLHSMV office locator](https://www.flhsmv.gov/locations/) to find a motorist-services or county tax-collector office in your county and submit an original ID application there. If relying on the pending I-485 provision, identify § 322.051(1)(a)3.h.(VII) and provide your receipt and supporting documents for verification. Florida says non-U.S. citizens applying for an ID receive a receipt first; following identity and legal-status verification, the card is mailed within 60 days. The [state fee schedule](https://www.flhsmv.gov/driver-licenses-id-cards/fees/) lists $25 for an original ID.

Requirements

Your assembled immigration, address, and applicable SSN documents

$25 state ID fee; a county tax collector may charge an additional $6.25 service fee

Others who faced this

You are not the first to go through this. Here is how it went for others who asked the same thing.

Driver’s license renewal with pending I-485/I-765 — BMV says I need an approval. Anyone dealt with this?

u/Winter_soldier4r/USCISAug 14, 2026

Hi there. I was able to renew my DL earlier this year with a pending i130/i485, but it took a few weeks. I made an appt and went to DPS (I live in Texas) to renew as usual, and they had to submit a request (I believe it was to USCIS?) in order to verify my legal status. After several weeks, I got a notification that my status was verified and that I was eligible to renew my DL.

0 View on Reddit

Renewing Driver License with pending I-485

u/FinanceGuy100r/immigrationApr 23, 2026

I was in this predicament 3 years ago, I live in VA. I gave the DMV the recipet notices. They told me I had to wait while they check the documents. After they had verified, they gave me a 1 year non- Real ID DL. It has the "not for federal purposes annotation"

0 View on Reddit

Can I get a California driver’s license while in US on K1 visa?

u/Lower_Ad3483r/immigrationApr 24, 2026

We did but had to get an AB 60 until his EAD or Green card arrived. We did it right after his 90 days expired because others who did it before, only had it valid until the 90 day expiration. However, we did have back-and-forth at the DMV because the worker wasn’t up-to-date on the rules until he checked with the supervisor.

0 View on Reddit

Legal sources

This answer draws on Florida’s identification-card statute, Florida Highway Safety and Motor Vehicles instructions, federal REAL ID regulations, and USCIS guidance.

Fla. Stat. § 322.051

Florida expressly provides a pending-adjustment document route, subject to visa availability.

Fla. Stat. § 322.051

(1)(a)3.h.(VII)

(VII) 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.

Read the full text

Fla. Stat. § 322.051

An unexpired federal employment-authorization card is a separate Florida statutory option.

Fla. Stat. § 322.051

(1)(a)3.g

An unexpired employment authorization card issued by the United States Department of Homeland Security; or

Read the full text

FLHSMV What to Bring: Non-Immigrant

Florida’s published counter checklist calls for a non-expired I-94 on this route, rather than the asker’s expired one.

FLHSMV What to Bring: Non-Immigrant

Non-immigrants: identification

Non-expired proof of non-immigrant classification provided by DHS form I-94 with required supporting attachment(s).

Read the full text

6 CFR 37.11

An unexpired EAD is a federally listed identity source document for a REAL ID.

6 CFR 37.11

§ 37.11(c)(1)(v)

( v ) Unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-688B.

Read the full text

6 CFR 37.11

The federal passport-and-admission-document identity option requires unexpired documents; it does not make an expired I-94 sufficient.

6 CFR 37.11

§ 37.11(c)(1)(vi)

( vi ) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States.

Read the full text

6 CFR 37.3

A pending green-card application is included in the federal REAL ID definition, which does not itself settle what identity document the applicant must present.

6 CFR 37.3

§ 37.3, definition of lawful status

_Lawful status:_ A person in lawful status is a citizen or national of the United States; or an alien: lawfully admitted for permanent or temporary residence in the United States; with conditional permanent resident status in the United States; who has an approved application for asylum in the United States or has entered into the United States in refugee status; who has a valid nonimmigrant status in the United States; who has a pending application for asylum in the United States; who has a pending or approved application for temporary protected status (TPS) in the United States; who has approved deferred action status; or who has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.

Read the full text

USCIS K-1 Process Guide

USCIS identifies the marriage condition relevant to adjustment following K-1 entry.

USCIS K-1 Process Guide

Admission on a K-1 visa is conditioned on **marrying** the same U.S. citizen petitioner **within those 90** days.

Read the full text

USCIS Visa Availability and Priority Dates

USCIS says immigrant visas are always available to U.S. citizens’ immediate relatives, including spouses.

USCIS Visa Availability and Priority Dates

Immediate relatives

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.

Read the full text

USCIS Policy Manual Vol. 7 Pt. B Ch. 3

An adjustment filing is not the same thing as continuing lawful K-1 immigration status.

USCIS Policy Manual Vol. 7 Pt. B Ch. 3

A. Immigration Status

A pending adjustment application does not put an applicant in a lawful immigration status.

Read the full text

USCIS Policy Manual Vol. 7 Pt. B Ch. 6

In the ordinary adjustment-applicant case, filing I-485 does not itself permit work.

USCIS Policy Manual Vol. 7 Pt. B Ch. 6

Employment authorization

In all other cases, an adjustment applicant must file an Application for Employment Authorization ( [Form I-765](https://www.uscis.gov/i-765) ) concurrently with or subsequent to filing an Application to Register Permanent Residence or Adjust Status ( [Form I-485](https://www.uscis.gov/i-485) ) and await USCIS issuance of the EAD before engaging in employment.

Read the full text

FLHSMV What to Bring: Non-Immigrant

Florida requires two different proofs of the applicant’s Florida address.

FLHSMV What to Bring: Non-Immigrant

Proof of residential address

_Customers must submit two different documents with their Florida residential address (printouts or faxes of these documents are acceptable)._

Read the full text

FLHSMV What to Bring FAQ

Florida’s nonimmigrant SSN-proof requirement has an exception for people whose status does not authorize work.

FLHSMV What to Bring FAQ

Social security number

**Non-Immigrants** Individuals with a non-immigrant status must also provide proof of a social security number, unless their immigration status does not authorize them to work in the U.S.

Read the full text

FLHSMV What to Bring: Non-Immigrant

Florida describes the receipt and verification period for noncitizen ID applicants.

FLHSMV What to Bring: Non-Immigrant

Non-U.S. citizen issuance

Non-U.S. citizens applying for an ID card will be issued a receipt. Upon identity and legal status verification, a driver license or ID card will be issued within 60 days and mailed to the address on the driver record.

Read the full text

FLHSMV Fees

Florida lists a $25 fee for an original identification card.

FLHSMV Fees

Identification cards

$25.00

Read the full text

These are the official rules as published on the cited dates; rules can change.

This is general information about official processes, not legal advice, and SettleKit is not a law firm.