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-   -   Drivers License & H4B Visa in VA (https://britishexpats.com/forum/usa-57/drivers-license-h4b-visa-va-122652/)

Mike Garnett Dec 18th 2002 7:43 pm

Drivers License & H4B Visa in VA
 
Hi,

I wonder if anyone can offer some advice. My wife is trying to get a
US drivers license and is on a H4B visa. However the 2 forms of valid
ID the VA DMV accept would appear impossible, the foreign passport is
OK, however we are at a loss as to what other proof of ID she can
provide - DMV was completely unhelpful and just told us to go away. We
have the temp tax IDs & proof from INS that she can't get a SSN.

Any advice would be most welcome. Maybe we are missing something – but
the list (it changed recently) does not seem to give us any options.


Cheers.

Ingo Pakleppa Dec 19th 2002 10:30 am

Re: Drivers License & H4B Visa in VA
 
On Wed, 18 Dec 2002 12:43:31 +0000, Mike Garnett wrote:

    > Hi,
    >
    > I wonder if anyone can offer some advice. My wife is trying to get a
    > US drivers license and is on a H4B visa. However the 2 forms of valid
    > ID the VA DMV accept would appear impossible, the foreign passport is
    > OK, however we are at a loss as to what other proof of ID she can
    > provide - DMV was completely unhelpful and just told us to go away. We
    > have the temp tax IDs & proof from INS that she can't get a SSN.
    >
    > Any advice would be most welcome. Maybe we are missing something – but
    > the list (it changed recently) does not seem to give us any options.
    >
    > Cheers.

There recently was a lawsuit challenging the SSA's policy of not issuing
SSNs for the purpose of getting a Driver's license. To my knowledge, it
was in resolved in favor of the plaintiffs (people like your wife). It was
decided on a technicality, though, so the SSA will probably reimplement
this policy at some point in the future, this time following proper
procedures.

So you may now again be able to get an SSN. I don't think the case was a
class action lawsuit, so it won't directly benefit you, but at least you
can point to this decision.

Ingo

simon bland Dec 20th 2002 1:19 am

The law suit in question was a class action suit

Mike G Dec 20th 2002 3:45 am

Re: Drivers License & H4B Visa in VA
 
Thanks for the info Ingo - an SSN would certainly get us past that hurdle.
What I am wondering is if the latest lock downs by VA have actually excluded
someone in my wife's position from presenting the two forms of ID that are
listed on the dmv web site
(http://www.dmv.state.va.us/webdoc/ci...rs/idproof.asp). From my
limited knowledge I cannot see an additional form of ID (other than her
passport) that she would be able to present. The SSA did provide a letter to
the DMV stating that she was not eligible for a SSN & the DMV accepted that,
but still insist on the two forms of ID.

Many thanks again for the info.
"Ingo Pakleppa" wrote in message
news:[email protected]...
    > On Wed, 18 Dec 2002 12:43:31 +0000, Mike Garnett wrote:
    > > Hi,
    > >
    > > I wonder if anyone can offer some advice. My wife is trying to get a
    > > US drivers license and is on a H4B visa. However the 2 forms of valid
    > > ID the VA DMV accept would appear impossible, the foreign passport is
    > > OK, however we are at a loss as to what other proof of ID she can
    > > provide - DMV was completely unhelpful and just told us to go away. We
    > > have the temp tax IDs & proof from INS that she can't get a SSN.
    > >
    > > Any advice would be most welcome. Maybe we are missing something - but
    > > the list (it changed recently) does not seem to give us any options.
    > >
    > > Cheers.
    > There recently was a lawsuit challenging the SSA's policy of not issuing
    > SSNs for the purpose of getting a Driver's license. To my knowledge, it
    > was in resolved in favor of the plaintiffs (people like your wife). It was
    > decided on a technicality, though, so the SSA will probably reimplement
    > this policy at some point in the future, this time following proper
    > procedures.
    > So you may now again be able to get an SSN. I don't think the case was a
    > class action lawsuit, so it won't directly benefit you, but at least you
    > can point to this decision.
    > Ingo

Ingo Pakleppa Dec 20th 2002 9:07 am

Re: Drivers License & H4B Visa in VA
 
Tricky. They meant to preclude tourists from getting driver's licenses,
but actually prevented H-4s, as well.

I still do see one way: a US marriage license shows up on the secondary
documents list. If you got married abroad, you should be able to get
married a second time within the US, as long as it is to the same woman.

On Thu, 19 Dec 2002 23:45:34 +0000, Mike G wrote:

    > Thanks for the info Ingo - an SSN would certainly get us past that hurdle.
    > What I am wondering is if the latest lock downs by VA have actually excluded
    > someone in my wife's position from presenting the two forms of ID that are
    > listed on the dmv web site
    > (http://www.dmv.state.va.us/webdoc/ci...rs/idproof.asp). From my
    > limited knowledge I cannot see an additional form of ID (other than her
    > passport) that she would be able to present. The SSA did provide a letter to
    > the DMV stating that she was not eligible for a SSN & the DMV accepted that,
    > but still insist on the two forms of ID.
    >
    > Many thanks again for the info.
    > "Ingo Pakleppa" wrote in message
    > news:[email protected]...
    >> On Wed, 18 Dec 2002 12:43:31 +0000, Mike Garnett wrote:
    >> > Hi,
    >> >
    >> > I wonder if anyone can offer some advice. My wife is trying to get a
    >> > US drivers license and is on a H4B visa. However the 2 forms of valid
    >> > ID the VA DMV accept would appear impossible, the foreign passport is
    >> > OK, however we are at a loss as to what other proof of ID she can
    >> > provide - DMV was completely unhelpful and just told us to go away. We
    >> > have the temp tax IDs & proof from INS that she can't get a SSN.
    >> >
    >> > Any advice would be most welcome. Maybe we are missing something - but
    >> > the list (it changed recently) does not seem to give us any options.
    >> >
    >> > Cheers.
    >> There recently was a lawsuit challenging the SSA's policy of not issuing
    >> SSNs for the purpose of getting a Driver's license. To my knowledge, it
    >> was in resolved in favor of the plaintiffs (people like your wife). It was
    >> decided on a technicality, though, so the SSA will probably reimplement
    >> this policy at some point in the future, this time following proper
    >> procedures.
    >> So you may now again be able to get an SSN. I don't think the case was a
    >> class action lawsuit, so it won't directly benefit you, but at least you
    >> can point to this decision.
    >> Ingo

Hanne Gottliebsen Dec 20th 2002 5:38 pm

Re: Drivers License & H4B Visa in VA
 
    > I wonder if anyone can offer some advice. My wife is trying to get a
    > US drivers license and is on a H4B visa. However the 2 forms of valid
    > ID the VA DMV accept would appear impossible, the foreign passport is
    > OK, however we are at a loss as to what other proof of ID she can
    > provide - DMV was completely unhelpful and just told us to go away. We
    > have the temp tax IDs & proof from INS that she can't get a SSN.
    >
    > Any advice would be most welcome. Maybe we are missing something - but
    > the list (it changed recently) does not seem to give us any options.

I got my VA license just before this updated list was put in effect,
but a couple of collegues arrived from Europe after me and got in
trouble. All on H1-B visas. The issue is probably not over the SSN,
but other id. The resolution for my two collegues was to take
_everything_ even remotely official looking from anywhere they ever
lived and dump it in front of the DMV person not helping them. Hmm, if
you get the wrong person this may be even worse. But basically, for
most foreignors there isn't two ids on the list.

Did you check the website? I (and several others) were asking
questions about this back in January. If you want, I can probably dig
out the contact for the person I emailed with at the time.

Hanne

Thorsten Dec 21st 2002 12:12 am

Re: Drivers License & H4B Visa in VA
 
Ingo Pakleppa wrote:
    > Tricky. They meant to preclude tourists from getting driver's licenses,
    > but actually prevented H-4s, as well.

According to the Va. DMV web site
(http://www.dmv.state.va.us/webdoc/ci...rs/idproof.asp), an

"Unexpired foreign passport with an expired or unexpired visa, I-94 or
I-94W or I-551 stamp."

and

"INS form I-797 (applicable only for individuals whose names appear on
the form)."

should be sufficient. I guess the question that remains is whether or
not the names of H-4 holders appear on the H1-B holder's I-797.

Thorsten

Ingo Pakleppa Dec 21st 2002 12:57 am

Re: Drivers License & H4B Visa in VA
 
On Fri, 20 Dec 2002 10:38:06 +0000, Hanne Gottliebsen wrote:

    >> I wonder if anyone can offer some advice. My wife is trying to get a
    >> US drivers license and is on a H4B visa. However the 2 forms of valid
    >> ID the VA DMV accept would appear impossible, the foreign passport is
    >> OK, however we are at a loss as to what other proof of ID she can
    >> provide - DMV was completely unhelpful and just told us to go away. We
    >> have the temp tax IDs & proof from INS that she can't get a SSN.
    >>
    >> Any advice would be most welcome. Maybe we are missing something - but
    >> the list (it changed recently) does not seem to give us any options.
    >
    > I got my VA license just before this updated list was put in effect,
    > but a couple of collegues arrived from Europe after me and got in
    > trouble. All on H1-B visas. The issue is probably not over the SSN,
    > but other id. The resolution for my two collegues was to take
    > _everything_ even remotely official looking from anywhere they ever
    > lived and dump it in front of the DMV person not helping them. Hmm, if
    > you get the wrong person this may be even worse. But basically, for
    > most foreignors there isn't two ids on the list.
    >
    > Did you check the website? I (and several others) were asking
    > questions about this back in January. If you want, I can probably dig
    > out the contact for the person I emailed with at the time.
    >
    > Hanne

According to the published list, H-1Bs shouldn't have a problem because
they can use the H-1B approval notice as second identification. H-4s would
have a problem, though.

Ingo Pakleppa Dec 21st 2002 12:57 am

Re: Drivers License & H4B Visa in VA
 
On Sat, 21 Dec 2002 01:12:56 +0000, Thorsten wrote:

    > Ingo Pakleppa wrote:
    >> Tricky. They meant to preclude tourists from getting driver's licenses,
    >> but actually prevented H-4s, as well.
    >
    > According to the Va. DMV web site
    > (http://www.dmv.state.va.us/webdoc/ci...rs/idproof.asp), an
    >
    > "Unexpired foreign passport with an expired or unexpired visa, I-94 or
    > I-94W or I-551 stamp."
    >
    > and
    >
    > "INS form I-797 (applicable only for individuals whose names appear on
    > the form)."
    >
    > should be sufficient. I guess the question that remains is whether or
    > not the names of H-4 holders appear on the H1-B holder's I-797.
    >
    > Thorsten

It doesn't - that's the problem.

Sue Dec 22nd 2002 4:01 pm

Re: Drivers License & H4B Visa in VA
 
It's just a thought, but is your wifes name on a Lease Agreement or your mortgage etc?
VA DMV will accept "Deed, mortgage, monthly mortgage statement or residential rental/lease agreement" as proof of VA Residency.

I'm in NC, and on a H4 visa. When I got my drivers license I took:
Passport (with visa)
Rental Agreement
Letter from SSA stating I was not entitled to an SSN
I797's for myself and hubby.

Hope the above helps.

Sue


Originally posted by Mike Garnett
Hi,

I wonder if anyone can offer some advice. My wife is trying to get a
US drivers license and is on a H4B visa. However the 2 forms of valid
ID the VA DMV accept would appear impossible, the foreign passport is
OK, however we are at a loss as to what other proof of ID she can
provide - DMV was completely unhelpful and just told us to go away. We
have the temp tax IDs & proof from INS that she can't get a SSN.

Any advice would be most welcome. Maybe we are missing something – but
the list (it changed recently) does not seem to give us any options.


Cheers.


Mike G Dec 23rd 2002 3:28 am

Re: Drivers License & H4B Visa in VA
 
Thanks Hanne, the e-mail addres would be usful - I actually tried to e-mail
the DMV with the question but they ignored me - and if you call them they
hang up on you with a recorded message of 'we've got too many calls to deal
with' - jeeze, wonder why!

Thanks, Mike
"Hanne Gottliebsen" wrote in message
news:[email protected]...
    > > I wonder if anyone can offer some advice. My wife is trying to get a
    > > US drivers license and is on a H4B visa. However the 2 forms of valid
    > > ID the VA DMV accept would appear impossible, the foreign passport is
    > > OK, however we are at a loss as to what other proof of ID she can
    > > provide - DMV was completely unhelpful and just told us to go away. We
    > > have the temp tax IDs & proof from INS that she can't get a SSN.
    > >
    > > Any advice would be most welcome. Maybe we are missing something - but
    > > the list (it changed recently) does not seem to give us any options.
    > I got my VA license just before this updated list was put in effect,
    > but a couple of collegues arrived from Europe after me and got in
    > trouble. All on H1-B visas. The issue is probably not over the SSN,
    > but other id. The resolution for my two collegues was to take
    > _everything_ even remotely official looking from anywhere they ever
    > lived and dump it in front of the DMV person not helping them. Hmm, if
    > you get the wrong person this may be even worse. But basically, for
    > most foreignors there isn't two ids on the list.
    > Did you check the website? I (and several others) were asking
    > questions about this back in January. If you want, I can probably dig
    > out the contact for the person I emailed with at the time.
    > Hanne

Mike G Dec 23rd 2002 3:32 am

Re: Drivers License & H4B Visa in VA
 
Thanks Ingo - that could be the only option at the moment, though one of the
directors at my company suggested getting our current marriage certificate
'legalized' at the embassy under the Hague Convention. Thanks for all the
adivice though, appreciated !
"Ingo Pakleppa" wrote in message
news:[email protected]...
    > Tricky. They meant to preclude tourists from getting driver's licenses,
    > but actually prevented H-4s, as well.
    > I still do see one way: a US marriage license shows up on the secondary
    > documents list. If you got married abroad, you should be able to get
    > married a second time within the US, as long as it is to the same woman.
    > On Thu, 19 Dec 2002 23:45:34 +0000, Mike G wrote:
    > > Thanks for the info Ingo - an SSN would certainly get us past that
hurdle.
    > > What I am wondering is if the latest lock downs by VA have actually
excluded
    > > someone in my wife's position from presenting the two forms of ID that
are
    > > listed on the dmv web site
    > > (http://www.dmv.state.va.us/webdoc/ci...rs/idproof.asp). From my
    > > limited knowledge I cannot see an additional form of ID (other than her
    > > passport) that she would be able to present. The SSA did provide a
letter to
    > > the DMV stating that she was not eligible for a SSN & the DMV accepted
that,
    > > but still insist on the two forms of ID.
    > >
    > > Many thanks again for the info.
    > > "Ingo Pakleppa" wrote in message
    > > news:[email protected]...
    > >> On Wed, 18 Dec 2002 12:43:31 +0000, Mike Garnett wrote:
    > >>
    > >> > Hi,
    > >> >
    > >> > I wonder if anyone can offer some advice. My wife is trying to get a
    > >> > US drivers license and is on a H4B visa. However the 2 forms of valid
    > >> > ID the VA DMV accept would appear impossible, the foreign passport is
    > >> > OK, however we are at a loss as to what other proof of ID she can
    > >> > provide - DMV was completely unhelpful and just told us to go away. W
e
    > >> > have the temp tax IDs & proof from INS that she can't get a SSN.
    > >> >
    > >> > Any advice would be most welcome. Maybe we are missing something -
but
    > >> > the list (it changed recently) does not seem to give us any options.
    > >> >
    > >> > Cheers.
    > >>
    > >> There recently was a lawsuit challenging the SSA's policy of not
issuing
    > >> SSNs for the purpose of getting a Driver's license. To my knowledge, it
    > >> was in resolved in favor of the plaintiffs (people like your wife). It
was
    > >> decided on a technicality, though, so the SSA will probably reimplement
    > >> this policy at some point in the future, this time following proper
    > >> procedures.
    > >>
    > >> So you may now again be able to get an SSN. I don't think the case was
a
    > >> class action lawsuit, so it won't directly benefit you, but at least
you
    > >> can point to this decision.
    > >>
    > >> Ingo
    > >>

Mike G Dec 23rd 2002 3:36 am

Re: Drivers License & H4B Visa in VA
 
Hi Sue, good point - her name is on the mortgage, but we are getting stuck
on the forms of ID - they used to let you use a medical insurance card as
proof of ID - but not anymore. Problem in VA is that they shut a lot of the
DMV's down so you queue for about 3 hours only to get told to clear off by
the really helpful person on the front desk - you can't even get to a real
official and hope to point the issue out or at least negotiate for a little
sanity !
"Sue" wrote in message
news:[email protected]...
    > It's just a thought, but is your wifes name on a Lease Agreement or your
    > mortgage etc?
    > VA DMV will accept "Deed, mortgage, monthly mortgage statement or
    > residential rental/lease agreement" as proof of VA Residency.
    > I'm in NC, and on a H4 visa. When I got my drivers license I took:
    > Passport (with visa)
    > Rental Agreement
    > Letter from SSA stating I was not entitled to an SSN
    > I797's for myself and hubby.
    > Hope the above helps.
    > Sue
    > Originally posted by Mike Garnett
    > > Hi,
    > >
    > > I wonder if anyone can offer some advice. My wife is trying to get a
    > > US drivers license and is on a H4B visa. However the 2 forms of valid
    > > ID the VA DMV accept would appear impossible, the foreign passport is
    > > OK, however we are at a loss as to what other proof of ID she can
    > > provide - DMV was completely unhelpful and just told us to go away. We
    > > have the temp tax IDs & proof from INS that she can't get a SSN.
    > >
    > > Any advice would be most welcome. Maybe we are missing something - but
    > > the list (it changed recently) does not seem to give us any options.
    > >
    > >
    > Cheers.
    > --
    > Posted via http://britishexpats.com

Hanne Gottliebsen Dec 23rd 2002 2:10 pm

Re: Drivers License & H4B Visa in VA
 
Replied privately.

Anyways, the use of the I797 (or whatever it was) is new, that wasn't
on the list last winter, so maybe all our complaining helped afterall.

Hanne


"Mike G" wrote in message news:...
    > Thanks Hanne, the e-mail addres would be usful - I actually tried to e-mail
    > the DMV with the question but they ignored me - and if you call them they
    > hang up on you with a recorded message of 'we've got too many calls to deal
    > with' - jeeze, wonder why!
    >
    > Thanks, Mike


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