US drivers license / Virginia DMV for H4 visa holder (living, law)

[fairfax_user]

Hi ,

I moved last april from Dubai to Virginia. My Husband is on H1B and i am on H4 visa.

Though I am an Indian citizen I just have my valid license from Dubai, since I have been living there for many years prior to moving to US.

I have been trying to get a road test for US license for last 4 months but no luck, they wont allow me to take a test.. The DMV in Virginia just has only one response no matter what.. Please see DMV email response below

DMV response :

"According to our records, your documents were submitted for elevated review. According to the Identification Review Services at headquarters, you will need to provide either an I-797 in your name, an I-539 showing a change of status, or have your foreign driver's license translated by the Foreign embassy in addition to the documents you provided. The translation need to be on letterhead with the embassy seal. Until these documents are provided, you will not be able to begin the driver's license process."

Below are my issues.
1. I never received any I-797 on my name for H4 visa, Only my husband has a I-797 on his name. On checking couple of USCIS link, I realised that an H4 visa holder entering the country first time doesnt get a I-797.. so I will never get one.. until a reach an extension after couple of years or so..
2. I-539 is not relevant for me as I am not changing my status.. So i wont have that too
3. On enquiring with the Dubai , UAE embassy in DC. they told me that they dont issue any letter at all.


So Its a real torture for me.. dont know what to do.. Its as if a person in H4 is doomed and doesnt even have the basic right to drive in US.. I am completely pissed off..

Please help, if any one has got a US license in H4 visa in Virginia..

[farplaner]

Doing a quick search on the web... the following link may help you:
Normal.dot

[kutra11]

You might get more responses posting this on immigration forums. People in this forum might concur with your feelings towards DMV, but immigration law is a whole new territory.

[metclubin]

Originally Posted by fairfax_user

Hi ,

I moved last april from Dubai to Virginia. My Husband is on H1B and i am on H4 visa.

Though I am an Indian citizen I just have my valid license from Dubai, since I have been living there for many years prior to moving to US.

I have been trying to get a road test for US license for last 4 months but no luck, they wont allow me to take a test.. The DMV in Virginia just has only one response no matter what.. Please see DMV email response below

DMV response :

"According to our records, your documents were submitted for elevated review. According to the Identification Review Services at headquarters, you will need to provide either an I-797 in your name, an I-539 showing a change of status, or have your foreign driver's license translated by the Foreign embassy in addition to the documents you provided. The translation need to be on letterhead with the embassy seal. Until these documents are provided, you will not be able to begin the driver's license process."

Below are my issues.
1. I never received any I-797 on my name for H4 visa, Only my husband has a I-797 on his name. On checking couple of USCIS link, I realised that an H4 visa holder entering the country first time doesnt get a I-797.. so I will never get one.. until a reach an extension after couple of years or so..
2. I-539 is not relevant for me as I am not changing my status.. So i wont have that too
3. On enquiring with the Dubai , UAE embassy in DC. they told me that they dont issue any letter at all.


So Its a real torture for me.. dont know what to do.. Its as if a person in H4 is doomed and doesnt even have the basic right to drive in US.. I am completely pissed off..

Please help, if any one has got a US license in H4 visa in Virginia..

Your valid visa stamped on your passport and I-94 with the validity dates should be enough. These two documents supercede the I-797 form. Your husband's I-797 should be attached as a supporting document to verify that you are in valid H4 status. You will need to pursue this very hard with the DMV and they are not very helpful but legally with the above 3 documents you should get the license.

[kevbros]

Originally Posted by metclubin

Your valid visa stamped on your passport and I-94 with the validity dates should be enough. These two documents supercede the I-797 form. Your husband's I-797 should be attached as a supporting document to verify that you are in valid H4 status. You will need to pursue this very hard with the DMV and they are not very helpful but legally with the above 3 documents you should get the license.

I think this is right. This is NOT an immigration issue at all. This is a Virginia DMV issue. You have all the documents you need to prove legal presence. Your passport, with a valid visa, and a valid, stamped I-94 suffice to prove legal presence. You still have to prove Virginia residency and identity, though. It seems from the DMV note that they are contesting your identity, not your status. if memory serves you need two IDs to prove identity. Your passport is one, but a driver's license can be another. I would ask them specifically what do they want - proof of legal presence, residency, or identity. Getting a driver's license for the first time in VA is painful for everybody these days.

[CAVA1990]

Originally Posted by kevbros

I think this is right. This is NOT an immigration issue at all. This is a Virginia DMV issue. You have all the documents you need to prove legal presence. Your passport, with a valid visa, and a valid, stamped I-94 suffice to prove legal presence. You still have to prove Virginia residency and identity, though. It seems from the DMV note that they are contesting your identity, not your status. if memory serves you need two IDs to prove identity. Your passport is one, but a driver's license can be another. I would ask them specifically what do they want - proof of legal presence, residency, or identity. Getting a driver's license for the first time in VA is painful for everybody these days.

I'd probably take a passport, marriage license and a utility bill. Seems like those would be sufficient.

[kevbros]

Originally Posted by CAVA1990

I'd probably take a passport, marriage license and a utility bill. Seems like those would be sufficient.

Maybe in the old days that would have worked, but not any more. You have to have two primary proofs of identity from two different government agencies, to start. And then you have to prove residency and legal presence. So if you have a US passport and a US citizen ID card, that's not enough! VA still doesn't believe you. And then they check the IDs with the issuing authority, so you can't just walk out of the DMV with a new driver's license, even if you have all the documents. You have to wait for it to come in the mail. And DMV reserves the right to require additional documents, if they see fit.


http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf

[CAVA1990]

Originally Posted by kevbros

Maybe in the old days that would have worked, but not any more. You have to have two primary proofs of identity from two different government agencies, to start. And then you have to prove residency and legal presence. So if you have a US passport and a US citizen ID card, that's not enough! VA still doesn't believe you. And then they check the IDs with the issuing authority, so you can't just walk out of the DMV with a new driver's license, even if you have all the documents. You have to wait for it to come in the mail. And DMV reserves the right to require additional documents, if they see fit.


http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf

Aren't a passport and marriage license two primary proofs from two different government agencies? That's what my wife used when she switched her name on her VA license a few years ago (after 9/11). A marriage license was preferable to a birth certificate for a woman because of the name situation. I don't think you can produce anything as good as those two forms of ID except maybe a passport and a CAC or other government ID which a foreigner would be unlikely to have.

[fairfax_user]

Thank you everyone for your suggestions.. what ever options i discussed with DMV.. they just keep coming back to the email they sent and say this is what is the current status in their system.. and I need to provide the second ID only from that list and nothing else would work..

[CAVA1990]

Originally Posted by kevbros

Maybe in the old days that would have worked, but not any more. You have to have two primary proofs of identity from two different government agencies, to start. And then you have to prove residency and legal presence. So if you have a US passport and a US citizen ID card, that's not enough! VA still doesn't believe you. And then they check the IDs with the issuing authority, so you can't just walk out of the DMV with a new driver's license, even if you have all the documents. You have to wait for it to come in the mail. And DMV reserves the right to require additional documents, if they see fit.


http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf

I should have taken a look at your list first. I withdraw my suggestion. I didn't realize those forms of ID my wife used don't work for a non-U.S. citizen.