Virginia Driver's Licence with AOS NOA1 letters, expired i94

[panamerican 36]

Glad to see someone else is going through this currently. My wife is still within her 90 days and the AOS packet was sent yesterday so we do not have NOA1 just yet.

 

She went to the Alexandria DMV with SS card, letter from Social Security (first proof of residency), a dental bill (second proof of residency which they said was acceptable), her passport (unexpired passport, unexpired K1 visa, unexpired I94), but they sent the documents to Richmond. The email came back an hour later saying they need additional documents to determine if she is eligible for a credential without any specific deatils. She called the number and they had her old Au Pair family's address (she was J1 when we met a few years ago, this address was in Fairfax county) so they updated that to our current address (also in Fairfax county) and said they can't issue it because her visa and I-94 expire in less than 30 days which I did read that somewhere else so that was understandable.

 

They finished by saying they need the confirmation from USCIS (I-797), but I didn't get any clarification saying whether it meant the APPROVAL or RECEIPT I-797 because I believe the receipt notice is labeled I-797C (it was for the I-129F packet) nor did they mention if it was for AOS or EAD (I am assuming there is a separate I-797C that comes through for each application and maybe the I-797C for the AOS arrives first).

 

However, with all of that being said and like the OP pointed out, their website states the following:

 

Section 46.2-328.1 of the Code of Virginia identifies only the following individuals as eligible for a Virginia driver’s license or ID card.

 

Holders of a valid, unexpired nonimmigrant visa status

• Unexpired foreign passport with any one listed below:
  • Unexpired or expired U.S. visa and unexpired I-94
    • F1/F2 applicants must present an I-20
    • J1/J2 applicants must present a DS-2019
    • Unexpired I-94W
  • Unexpired passport from Canada or Micronesia with an unexpired I-94
  • USCIS form I-797 receipt or approval notice for an I-129 petition displaying applicant’s name
  • Official letter from the USCIS indicating that the applicant’s original I-797 petition for an I-129 has been received and a duplicate notice cannot be issued
  • USCIS form I-797 receipt or approval notice for an I-539 or and I-129 petition displaying applicant’s name
  • USCIS form I-797 approval notice for an I-914 or an I-918 petition displaying applicant’s name

 

She currently falls in to this first category and she has an unexpired passport, unexpired U.S. visa (does not state non-immigrant vs. immigrant) and the unexpired I-94. I guess the 30-day rule negates this as proof. I do have the I-797 receipt and approval notice for the I-129F petition, but it does have an expiration date back in July (which probably invalidates this document as proof).

 

Individuals with a pending application for adjustment of status to legal permanent resident status or conditional resident status

• USCIS form I-797 receipt or approval notice for an I-485 petition displaying applicant’s name
• Official letter from USCIS indicating that the applicant’s petition for adjustment of status to permanent residency had been reopened and restored to a pending status.'

 

She will be in this status once we receive the I-797C for the AOS and/or EAD so I'm hoping that is sufficient. It doesn't state anything about the visa or I-94 still needing to be valid, though.

 

Mostly talking out-loud here because I am pretty frustrated by all this and confused.

 

@NicoleM please be sure to let us know if you succeed in this because it'll help my wife and I figure this out. I can't have her sitting at home with no job or vehicle until her EAD or GC arrive...

 

Thank you

Edited November 21, 2019 by panamerican

[NicoleS 189]

8 minutes ago, panamerican said:

 

@NicoleM please be sure to let us know if you succeed in this because it'll help my wife and I figure this out. I can't have her sitting at home with no job or vehicle until her EAD or GC arrive...

 

 

Thank you

I am on my way to the DMV in the next hour! I got the email that they APPROVED (😍) my legal presence and that I am eligible for a driver's licence! FINGERS CROSSED! Will update later!

 

ps I screamed when I got their email 🤣

[panamerican 36]

2 minutes ago, NicoleM said:

I am on my way to the DMV in the next hour! I got the email that they APPROVED (😍) my legal presence and that I am eligible for a driver's licence! FINGERS CROSSED! Will update later!

 

ps I screamed when I got their email 🤣

Awesome, thanks for the update. This makes me feel a lot better. It sounds like you already have your NOA1 for the AOS and EAD? Are they labeled I-797C or I-797 and is it one for each application or just one receipt notice for everything? We can probably just wait for NOA1 if that was the proof you used.

 

Also, let us know how long they issue the license for, please!

 

Thank you so so so much!

[NicoleS 189]

Just now, panamerican said:

Awesome, thanks for the update. This makes me feel a lot better. It sounds like you already have your NOA1 for the AOS and EAD? Are they labeled I-797C or I-797 and is it one for each application or just one receipt notice for everything? We can probably just wait for NOA1 if that was the proof you used.

 

Also, let us know how long they issue the license for, please!

 

Thank you so so so much!

I got 3 separate letters (one each for the I-485, I-131, and I-765). They are all Form I-797C. The lady at the DMV knew what they were and only wanted the I-797C for the I-485. I had all three originals and copies with me though.

 

The length of validity is a concern for me, too. I'm hoping to get a DL for a year but I'll take whatever they give me. My mother-in-law is picking me up in an hour and I hope to be out of there by 5pm lol. More soon!

[panamerican 36]

14 minutes ago, NicoleM said:

I got 3 separate letters (one each for the I-485, I-131, and I-765). They are all Form I-797C. The lady at the DMV knew what they were and only wanted the I-797C for the I-485. I had all three originals and copies with me though.

 

The length of validity is a concern for me, too. I'm hoping to get a DL for a year but I'll take whatever they give me. My mother-in-law is picking me up in an hour and I hope to be out of there by 5pm lol. More soon!

You are making my day. Thank you so much!

[NicoleS 189]

SUCCESS!! I HAVE MY VIRGINIA DRIVER'S LICENSE AND IT IS VALID FOR ONE YEAR!!!! 😍

[NicoleS 189]

1. I can't believe that worked and 2. They gave me my Canadian driver's license back lol! I will call my DMV in Canada to figure out how to cancel my Canadian license once I get my VA license in the mail. But I have the paper driving permit until it arrives!

[panamerican 36]

1 hour ago, NicoleM said:

SUCCESS!! I HAVE MY VIRGINIA DRIVER'S LICENSE AND IT IS VALID FOR ONE YEAR!!!! 😍

This is wonderful news. Thank you so much 😁😁😁

[panamerican 36]

Quick follow up on this, in case it helps others. We went to the Alexandria location first thing this morning and Richmond approved our I-797C for the I-485 application as proof of legal status and gave us an approval number. We can now return to take the written test and driving test next week. Thanks @NicoleM for the info!

[NicoleS 189]

16 hours ago, panamerican said:

Quick follow up on this, in case it helps others. We went to the Alexandria location first thing this morning and Richmond approved our I-797C for the I-485 application as proof of legal status and gave us an approval number. We can now return to take the written test and driving test next week. Thanks @NicoleM for the info!

Woohoo! Excellent news!

[panamerican 36]

She passed her driving test today. They issued the license for a year!

[NicoleS 189]

20 minutes ago, panamerican said:

She passed her driving test today. They issued the license for a year!

Great!! Congrats!!

Edited December 18, 2019 by NicoleM

[Ela G. 389]

Hi guys! a little late, but for those who got a VA drivers license... do you think they would issue it without a social security number?

[Letspaintcookies 2,310]

On 7/15/2020 at 1:15 PM, Ela S. said:

Hi guys! a little late, but for those who got a VA drivers license... do you think they would issue it without a social security number?

Seems like proof of SSN is only required if issued so you're good to go without one. https://www.dmv.virginia.gov/drivers/#applying.asp

[Ela G. 389]

5 hours ago, Letspaintcookies said:

Seems like proof of SSN is only required if issued so you're good to go without one. https://www.dmv.virginia.gov/drivers/#applying.asp

Yes so I went to the DMV a couple days ago and they said I was good BUT they needed the last page of my lease contract with my signature so they told me to come back with that.... worst part is an appointment is needed and the one I have is for September 2nd... 😭 but I’ll be checking everyday for last minute open slots