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OT: Trying to obtain VA drivers license

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Old Feb 12th 2004, 9:09 am
  #1  
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Default OT: Trying to obtain VA drivers license

Mark & I went to the DMV today to see about getting him a learners permit. After 30 days of having this permit, he can then apply for a Virginia drivers license. We'd printed out the list of acceptable documents and bought everything Mark had to meet those requirements. (You can see this list at http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf)

Unfortunately we discovered that something we *thought* would be accepted as proof of his legal presence (a new requirement, by the way) actually was not. On the list of documents you can use to prove legal presence was "Valid Foreign Passport with (K1, K2, K3, K4) visa and I-94."

What threw us off was the absence of the word "unexpired." Unlike most other items on that same list, it did NOT say his passport, visa, and I-94 all had to be "unexpired." As far as we were concerned, Mark's passport IS valid, and DOES have a visa and I-94. The passport has not expired, but the visa and I-94 have. So even though he *technically* met the requirement -- as described on the list -- his application was rejected because those two things were expired.

To his credit, after relaying this news, the DMV guy was very sympathetic. He even said, "It's so hard in cases like this, because the immigration process can take such a long time." That made me feel a little bit better, at least.

So we then reviewed the list with the DMV guy, so we were sure what else Mark could bring to meet this requirement. The only thing that he'll have soon that qualifies is the "Unexpired Employment Authorization Card." Luckily we're going to Norfolk next Friday to pick this up.

We were concerned, though, because right next to that it says in parentheses, "(I-688A/I-688B, I-766)" -- NOT I-765. When we voiced our concern, the DMV guy said not to worry, that as long as it's an official EAD, that's all that matters.

(I looked up I-688A, I-688B & I-766 later and discovered these have something to do with Haitian & Nicaraguan nationals. Hmm.)

I think I'm going to send some feedback to the Virginia DMV and asking them to rephrase those two requirements. First, to say, "Valid and unexpired Foreign Passport, with an unexpired (K1, K2, K3, K4) visa and unexpired I-94." And second, to include I-765 as one of the Employment Authorization Cards they'll accept. Don't know if they'll listen, but it's worth a try, right?

So after Mark gets his EAD next week (!) we'll try this again. Fingers crossed...

~ Jenney
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Old Feb 12th 2004, 9:29 am
  #2  
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Default Re: OT: Trying to obtain VA drivers license

Originally posted by Jenney & Mark


So after Mark gets his EAD next week (!) we'll try this again. Fingers crossed...

~ Jenney
Good luck Jenney and Mark. John needed his EAD in NJ before obtaining his driver's lic.

Now he drives more than I do.

Cindy
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Old Feb 12th 2004, 11:38 am
  #3  
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Default Re: Trying to obtain VA drivers license

"Jenney & Mark" <member2595@british_expats.com> wrote:

    > We were concerned, though, because right next to that it says
    > in parentheses, "(I-688A/I-688B, I-766)" -- NOT I-765. When we voiced
    > our concern, the DMV guy said not to worry, that as long as it's an
    > official EAD, that's all that matters.

The I-765 is the form you use to apply for the EAD; the I-688B is the card
you get. So it will be fine.

I'm actually quite impressed that the recent VA changes were well thought
through. A lot of other states had kneejerk reactions that prevented pending
AOSers from getting driver's licenses at all. Of course it would be nice if
they mentioned the I-94 needed to still be valid - they used to when I got
my VA license. BTW, it *would* be an error if they required the visa to
still be valid because obviously the visa can be expired but the I-94 still
valid.

    > I think I'm going to send some feedback to
    > the Virginia DMV and asking them to rephrase those two requirements.
    > First, to say, "Valid and unexpired Foreign Passport, with an unexpired
    > (K1, K2, K3, K4) visa and unexpired I-94." And second, to include I-765
    > as one of the Employment Authorization Cards they'll accept. Don't know
    > if they'll listen, but it's worth a try, right?

Obviously you don't want to mention the I-765! But you might want to mention
that a visa can be expired but the status is still valid.

Andy.

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    > (I looked up I-688A, I-688B &
    > I-766 later and discovered these have something to do with Haitian &
    > Nicaraguan nationals. Hmm.)
    > So after Mark gets
    > his EAD next week (!) we'll try this again. Fingers crossed...
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com
 
Old Feb 13th 2004, 1:01 am
  #4  
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Default Re: Trying to obtain VA drivers license

Originally posted by Andy Platt
The I-765 is the form you use to apply for the EAD; the I-688B is the card you get. So it will be fine.
Ok - that makes more sense. Not ever having seen an EAD, I didn't realize the number isn't the same as the form. Thanks for that clarification.

Of course it would be nice if they mentioned the I-94 needed to still be valid - they used to when I got my VA license. BTW, it *would* be an error if they required the visa to still be valid because obviously the visa can be expired but the I 94 still valid.
Aah, but that was where the confusion stepped in - it *only* said "valid," not "unexpired" - and ALL THREE things (passport, visa & I-94) have to be unexpired AND valid in order to qualify. At least according to the DMV guy.

~ Jenney
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Old Feb 13th 2004, 1:33 am
  #5  
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Default Re: OT: Trying to obtain VA drivers license

"Jenney & Mark" <member2595@british_expats.com> wrote:

    > > Of course it would be nice if they
    > mentioned the I-94 needed to still be valid - they used to when I got my
    > VA license. BTW, it *would* be an error if they required the visa to
    > still be valid because obviously the visa can be expired but the I 94
    > still valid.
    > >
    > > Aah, but that was where the confusion stepped
    > in - it *only* said "valid," not "unexpired" - and ALL THREE things
    > (passport, visa & I-94) have to be unexpired AND valid in order to
    > qualify. At least according to the DMV guy.

There's a disconnect somewhere. Here's what the DMV site says:

"Unexpired foreign passport with an expired or unexpired visa, I-94 or I-94W
or I-551 stamp. An I-94W MUST be from a country participating in the Visa
Waiver Pilot Program."

That's a little poor because it doesn't say that the I-94, I-94W or I-551
stamp have to be unexpired which they obviously must be. However it does
state the visa can be unexpired which, as I said, is correct.

Andy.

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Old Feb 13th 2004, 1:35 am
  #6  
Andy Platt
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Default Re: OT: Trying to obtain VA drivers license

"Andy Platt" <[email protected]> wrote:

    > There's a disconnect somewhere. Here's what the DMV site says:

Whoops, I see that's not in the legal presence section which certainly
doesn't say anything about the expiration of those!

As you were!

Andy.

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Old Feb 17th 2004, 3:50 am
  #7  
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Default Re: OT: Trying to obtain VA drivers license

Originally posted by Jenney & Mark
Mark & I went to the DMV today to see about getting him a learners permit. After 30 days of having this permit, he can then apply for a Virginia drivers license. We'd printed out the list of acceptable documents and bought everything Mark had to meet those requirements. (You can see this list at http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf)

Unfortunately we discovered that something we *thought* would be accepted as proof of his legal presence (a new requirement, by the way) actually was not. On the list of documents you can use to prove legal presence was "Valid Foreign Passport with (K1, K2, K3, K4) visa and I-94."

What threw us off was the absence of the word "unexpired." Unlike most other items on that same list, it did NOT say his passport, visa, and I-94 all had to be "unexpired." As far as we were concerned, Mark's passport IS valid, and DOES have a visa and I-94. The passport has not expired, but the visa and I-94 have. So even though he *technically* met the requirement -- as described on the list -- his application was rejected because those two things were expired.

To his credit, after relaying this news, the DMV guy was very sympathetic. He even said, "It's so hard in cases like this, because the immigration process can take such a long time." That made me feel a little bit better, at least.

So we then reviewed the list with the DMV guy, so we were sure what else Mark could bring to meet this requirement. The only thing that he'll have soon that qualifies is the "Unexpired Employment Authorization Card." Luckily we're going to Norfolk next Friday to pick this up.

We were concerned, though, because right next to that it says in parentheses, "(I-688A/I-688B, I-766)" -- NOT I-765. When we voiced our concern, the DMV guy said not to worry, that as long as it's an official EAD, that's all that matters.

(I looked up I-688A, I-688B & I-766 later and discovered these have something to do with Haitian & Nicaraguan nationals. Hmm.)

I think I'm going to send some feedback to the Virginia DMV and asking them to rephrase those two requirements. First, to say, "Valid and unexpired Foreign Passport, with an unexpired (K1, K2, K3, K4) visa and unexpired I-94." And second, to include I-765 as one of the Employment Authorization Cards they'll accept. Don't know if they'll listen, but it's worth a try, right?

So after Mark gets his EAD next week (!) we'll try this again. Fingers crossed...

~ Jenney
I wish I would have seen this before my David spent all morning in the DMV, again. I, too, wish they would be more clear with their wording. The first time we went in with our marriage liscense (exactly what they ask for) and were told they "meant" marriage certificate. Well if you "mean" that why don't you "say" that. This time, we brought in the I-94 (now expired) and they "meant" for it to say "unexpired". So now the story is that a I-797 would suffice.

Our NOA from the I-129F approval was a I-797 (which ironically expired Jan 27th) Don't we get an NOA for the filing of EAD/AOS?... If we don't get an NOA for the AOS/EAD, do we have to wait until the EAD is issued? (Which for us seems to be at least 4 months away - Arlington office) Any other Virginia DMV suggestions?
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Old Feb 24th 2004, 11:44 am
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Default Re: OT: Trying to obtain VA drivers license

Went back to the DMV today, and..... SUCCESS!!!

Mark now has his learners permit!! (heehee, I can't say that without laughing, given that he just turned 32 on Saturday!)

This time we went back armed with his new EAD card, along with everything else we'd brought before: his passport (with K1 visa and I-94), a recent utility bill in his name and our address, a copy of our marriage license, and his SS card. Having the EAD did the trick this time.

It took about 10 minutes for the lady to fill out all the forms (she said there were new codes they had to use, and she wanted to make sure she was using the correct ones), then he had to take his eye exam. After that, she handed Mark back his application (with some additional info written on it by her) and he was instructed to go to where the multiple choice exam was given.

Mark said the exam was only 35 questions, and he only missed one -- yay, Mark!

After that, we waited a few minutes before he was called up to get his photo taken. The card he got back looks exactly like a VA drivers license, except it says "DL Learners Permit." It's been so long since I had my learners permit, but I'm pretty sure it didn't look anything like my license; I don't even think it had a photo. But just glancing at Mark's, you'd swear it was a regular license.

The DMV lady gave his permit an expiration that matched the expiration of his EAD card, Feb 17, 2005. However, he can take his road skills test after holding the permit for 30 days, which is what we plan to do. That way, once he has his license Mark can legally drive alone without needing me in the car as his chaperone (*snicker!*).

So this is just one more thing ticked off the list of "things to do." It feels really good to finally feel we're moving forward, what with getting the EAD last week and his permit this week. Now all we need to do is get him a job!

~ Jenney
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Old Feb 25th 2004, 12:33 am
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Default Re: OT: Trying to obtain VA drivers license

Originally posted by Jenney & Mark
Went back to the DMV today, and..... SUCCESS!!!

Mark now has his learners permit!! (heehee, I can't say that without laughing, given that he just turned 32 on Saturday!)

This time we went back armed with his new EAD card, along with everything else we'd brought before: his passport (with K1 visa and I-94), a recent utility bill in his name and our address, a copy of our marriage license, and his SS card. Having the EAD did the trick this time.

It took about 10 minutes for the lady to fill out all the forms (she said there were new codes they had to use, and she wanted to make sure she was using the correct ones), then he had to take his eye exam. After that, she handed Mark back his application (with some additional info written on it by her) and he was instructed to go to where the multiple choice exam was given.

Mark said the exam was only 35 questions, and he only missed one -- yay, Mark!

After that, we waited a few minutes before he was called up to get his photo taken. The card he got back looks exactly like a VA drivers license, except it says "DL Learners Permit." It's been so long since I had my learners permit, but I'm pretty sure it didn't look anything like my license; I don't even think it had a photo. But just glancing at Mark's, you'd swear it was a regular license.

The DMV lady gave his permit an expiration that matched the expiration of his EAD card, Feb 17, 2005. However, he can take his road skills test after holding the permit for 30 days, which is what we plan to do. That way, once he has his license Mark can legally drive alone without needing me in the car as his chaperone (*snicker!*).

So this is just one more thing ticked off the list of "things to do." It feels really good to finally feel we're moving forward, what with getting the EAD last week and his permit this week. Now all we need to do is get him a job!

~ Jenney
Nice to start the morning off with a DMV success story, although David has appropriately renamed it the DMFS.... (oh dear!) We're in the same boat and waiting for Arlington to issue the EAD. If I might pass on some experience to other Virginia K-1ers, here's what we would have done differently.

We would have gone to the DMFs after we were married with this in hand:

Passport w/ Visa
Utility Bill (
SS Card
Mariage Certificate (Remember they ask for a Marriage Liscense, which is what is it before you are married, but they really mean a marriage certificate.)
and the I-797, which is the NOA2

Now had we taken all of these things in after we were married, but before the NOA2's expiry date, we would have been able to get his Permit.

Now this might not seem like that big of a deal, however, Virginia is a state, at least with my Insurance that does not allow you to have an uninsured driver in the house. So, when I called to change my name with them, they asked for my husband's details. The difference in cost to add him went from $50 with a state drivers liscense to $250 with his International for the 6 month Premium.

I don't understand all the ins and out of the Insurance world. And I really don't understand the ins and outs of the DMFs world, because it changes on a whim, but hopefully our little experience can help someone down the road.
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