Mercy&Grace can you answer this ?

I will first try to explain the problem in it's simplest form.

I don't know if you read my issues with Walgreens and pharmacys in general and that's just one of the issues stemming from the major one.

I moved to Florida almost 6 years ago, renewed my license right before moving so it was good for 4 years. Before it expired I attempted to get a Florida license and Florida has implemented the Homeland security policy to determine identification. What that means is all documents changing your name from birth to present must come with a original certified document leaving a trail to the present. Example: birth certificate -marriage license -divorce decree -marriage license -death certificate (widowed) marriage license-plus current lease, social security card, 2 pieces of mail all in current name.


Problem:: I married 30 years ago in a tribal ceremony on Native American land in Oklahoma and at that time tribal marriage fell under common law so all I required to change my name was affidavits from two people witnessed the ceremony or proof of length of time cohabitated together. No divorce required since it was common law.

Florida only recognized common law prior to 1968, I was 9 years old then. I have been unable to obtain even a state issued identification card since the DMV issues them the same rules apply. My out of state license is now expired and I lost my SS card and cannot get another without picture id all I can get is the paper they give you stating this SS number is associated with this name and your suppose to take that to the DMV and get id and return to apply for a replacement SS card.

Now I have gone around and around with the DMV over this to the point they had the FHP escort me out once but they have offered me only one solution and that's just not even a solution at all. They said I have to have that legal document proving that name change and don't seem to understand nor care that they're asking for something that does NOT EXIST!! They instructed me to go to court and legally change my name back to that name I am stuck at, the one from the tribal marriage and then I could get an id in that name with the court document. The fee here for filling a name change is $400 and that's half my monthly income. It would leave me homeless. Plus I then would have a name other then what my daughter is and everything including medical records all 6 kids birth certificate, would have on them. It would have to be changed back another $400?

Here's some examples of what having no id causes. I missed the birth of grandchildren and daughters wedding, can't fly take a bus or rent a car and drive, can't have surgery, pick my daughter up from school, she can't get her permit since I'm her legal guardian and no id, can't get my meds, can't even obtain copys of those medical or pharmacy records, can't go to food banks or sign up for Xmas basket, can't change my child support from ky to Florida all money that could help,can't even rent a motel room or cash a check or have a bank account and after 50 years of driving I nolonger can.

This is my original question. Someone suggested I get a paper from SS showing my SS number associated with my maiden name, the first and original SS card I had and take that my birth certificate and change my name on my lease, and cell phone and have the bill mailed to me and use that to get an id in my maiden name. This was a government person suggesting this.


I asked SS on the phone twice if I could get a copy of my original very first SS card and neither Rep had a clue. Our SS office is in the next town and has very limited hours so me getting there just to be told I can't would be costly as I have to take a cab or find a ride or take a 4 hour bus trip.


Do you know if it's possible to obtain that?

I spoke with a supervisor this morning who finally called back and they said you can only get a SS card in the current name you use. Also had the child support paralegal call as they are also in the middle of this since they are out money for my daughters healthcare they can't recoup because I can't sign a legal court document to have him held in contempt and garnish wages. She emailed me OK statue on common law: As follows

When HB1455 did not receive a committee hearing in OK Senate in 2005,the bill banning common law marriage in OK died and the controversy over validity continues.

5 required elements of Common law in OK
1. Couple agree to be husband and wife
2. Have permanent relationship
3. Exclusive relationship
4. Live as man and wife
5. Publicy declare and considers themselves to be husband and wife

Common law marriage formed in OK before 11/1/98 are recognized. The conflict between state laws and court decisions is over validity of common law occurring after 11/1/98

Well someone forgot to inform Florida!!

Looking in the Florida Statues would be a good idea for help with the DMV.

I found something that may help as far as the social security card goes, but I'm not sure. Go to the page at the link below. On page 1 'Replacement of Original Social Security Card.' On page 2 under 'Evidence Of Ideniity' in the second paragraph where it starts out "If you do not have one of the documents above.." then it goes on to state they "we may accept" and one of the things mentioned are "certified copy of medical record (clinic, doctor or hospital), health insurance card"

If I'm not understanding your question, I apologize. Please tell me and I will try again.

www.socialsecurity.gov/forms/ss-5.pdf

Vickie,

I'm in bed, using my tablet, so it is hard to type....
But what about a passport?

See:http://www.visarite.com/identityProof.htm#.VIOJiZDnZpU

"Secondary I'd" plus an affidavit from someone who knows you...http://travel.state.gov/content/passports/english/passports/information/secondary-evidence1.html

Also, I think the passport office may accept expired drivers license and maybe even tribal doc for name change ... since federal government has different relationship to tribes than state government.

It's the common law marriage that prevents me from getting a license since every name change in your life now has to come with a certified document and back then there were no records of common law marriage just two witnesses and both mine are dead. In other words they're demanding something that never was.

Vickie,

I believe that passports are $135 and processing time is 4-5 weeks (though with the secondary ID and affidavit, that may take longer).

I know that FL is being asinine about this, but the above seems like the most efficient way of settling the problem.

Can your kids help with the $135? (it is stuff like this that led me a few weeks ago to suggest the "gofundme.com" site)

Vickie,

I just wanted to mention instead of paying the $135 fee for the passport book. You may want to look into this but you can get a passport card for $55 and that can be used also for identification. The only difference is the card isn't good for international air travel. But can be used to travel by car or train into Canada, Mexico and the Bahamas.

I live up in Maine and alot of us up this way get the passport card so that we can travel back and forth into Canada. Its alot cheaper than the passport book. The passport card is a phot ID also and is good for 10 years and the renew fee on it is $30.

Tina

Vickie, that is indeed the fee. Google US Passport Application and it has all the Info you need for getting a passport card or passport book and card. Unless you are planning on traveling out of the country the card is a good deal. Good work Tina, I didn't spot that when I first read the info.

Yeah Vickie, it seems like this country is set up to keep the lower and middle classes in their place. Whatever happened to upward mobility? I just registered my car here in NM and it was almost $300 for a 2012 model Toyota. That's almost a half a year's ins. premium. They've got us coming or going . . . Q

Thanks to all of you for your input and time and research I'm eternally grateful.

Ides in Florida your old Id is not accepted as a primary identification piece? Dumb but neverless your birth certificate is a must and yes I have that as well as my last marriage license where the problem begins since it has Vickie B married Steven O on such and such and my maiden name is Vickie H and that's whats on the birth certificate they then want proof of where that B came from in the trail and it came from a tribal marriage falling into common law category back in 87 under OK statue. Florida banned common law marriage in 68. Therefore they're telling me they cannot accept any common law occurring after 68 but their statues say different and state that if the common law marriage took place in a year and state that recognized it at that time its binding and legal. I don't know why they insist they don't but I have copies of those statues now as well as two affidavit from people present and will go try once more Tuesday. I imagine from dealing with this agency in the past and knowing how they are they're going to then want some type of dissolution document of the marriage even though I remained a B until I remarried in 97. It again was not necessary to annul or divorce in a marriage falling under common law since we resided the last few years together in KY where our marriage was NOT recognized as a legally binding union.

The passport card would work fine as its accepted at all pharmacys as id and you need nothing else to get a DL but the passport but why does it take so long? My goodness that puts me looking at another month possibly two with NO meds and I don't know how long I can keep going to the Dr office to get the butrans put on in office and it's keeping w/d away but NOT doing much for pain. The holiday mail and official office closings are likely to play a part in the length of time it's going to take to get the passport.

I checked places to apply here for one and it said our main post office? Does that sound right?

Baptism records count as an official document, in some states, to obtain a copy of birth certificate or an old student ID or an official transcript maybe? Speaking of college it may be faster and cheaper to register for a class at local community college. It may be worth checking into. Hope something will work! Passport can be rushed for more money.

Post Edited (mckaren) : 11/24/2014 1:24:34 AM (GMT-7)