change of status and ss#

[jolida72]

What is the name of your state? i live in ny i'm getting ready to apply to change my status. i have been married for 2 years and i know that a visa # will be made available immediately(what exactly does that mean?)...in order to get a social security number do i have to apply for my working papers or can i get one just by changing my status? i would like a ss# so i can get a drivers permit but my husband doesn't neccesarily want me to work right away....he's supported myself and our child for the last 10 years. any info would be appreciated. thanks.

 

[tanaats]

You're married to a USC? If so a "visa number" will be made "immediately available" when his I-131 petition for you is approved. You are filing I-485 on that assumption.

For an SSN you must first get an "EAD" http://uscis.gov/graphics/howdoi/ead.htm#apply . File that with your package. An SSN is worth having for many reasons, some of them obscure such as getting a driver's license in some states as you have apparently discovered in NY. For another example, has he not been including you on tax returns?

Good luck with it all,
Joe

 

[jolida72]

thank you. yes this past year he filed me on his tax return using my ITIN that was issued but we found out that using this number disallows certain credits (such as earned income for our child). we've been together for 10 years but have only been married for 2 years...we were going to change my status(i'm currently illegal and have been for the last 12 years, i'm originally from england but have been here my whole adult life) last year but had other financial obligations and as i'm sure you know its not cheap to file the paper work. also do you know if i need to get my british passport renewed as it expired 3 years ago and i'm hoping to be able to get an american id instead, but i'm not sure if i need the passport for ins purposes. thanks again

 

[tanaats]

Did you originally *enter* the US legally?

Don't cross a US international border under any circumstances until you are holding your green card in your own two hands!(Actually, your first "green card" will be stamp in your UK passport.)

Joe

 

[tanaats]

Oh, and a green card does not get you a US passport. You would still need to do any international travel on your UK passport.

Joe

 

[jolida72]

yes i did enter the us legally on a visitors visa when i was 17...they extended it for 2 years (in 6 month increments). i came with my mother and her american husband who divorced her b4 adopting me or changing my status. i don't plan on doing any travelling but i realize that i have to get my passport....will i need it for my interview or b4 then? also the visa number that will be issued to me, what exactly will that do? thanks taanats you've been very helpful so far!!!

 

[tanaats]

Hi,

Ok, if you're married to a USC (as opposed to a permanent resident), and if you entered legally originally, then you're ok despite the long "overstay". (Overstay will be forgiven on marriage to a USC, with the proper filings, but illegal entry won't be.)

Personally, I would go to the nearest UK consulate in the US and get your passport renewed. You need a passport number for the forms, and it might as well be the current passport, I would think.

Keep the old one though! It's vital to have evidence that your initial entry was legal! Do you still have your entry stamp from your original entry, and/or an "I-94" card stapled into the passport?

As far as I know, you'll never see the "visa number". It'll be used in the dark mysterious depths of the CIS while processing your AOS (adjustment of status) application. What you'll eventually get is a stamp in your UK passport which will be your first temporary "green card". Then a permanent plastic green card (which won't be green) will eventually come in the mail

FWIW, I like this lawyer, and personally I would get her do-it-yourself AOS kit if I were starting over, rather than asking a million questions on forums about how to file: "Marriage to a Citizen When the Applicant Is Present in the United States": http://www.visacentral.net/diy.html. It includes unlimited email questions to her for 30 days after purchase. I had a phone consultation recently with her about a more complicated issue, and was pleased. See the list of "exception conditions" at the bottom of the page. If any apply for you, then get a consultation with her.

For background info, see "Sponsoring a Fiance or Spouse for a Green Card" http://tinyurl.com/34m9q (same as http://www.nolo.com/lawcenter/ency/article.cfm/objectID/D9AB2E3C-DD5E-4203-AE4702E527005C37/catID/C08A0295-9AFE-4F69-A9B7AEE732ECA9AB) .

You're welcome! I got lots of help online when starting out with this and am happy to pass it along when I can.

Joe

 

[jolida72]

will my EAD be approved b4 my interview? i read that it will take anywhere up to 8 months b4 i get an interview.

 

[ImmigAttyLana]

the employment authorization document has to be approved within 90 days from the date of filing. if it is not, you can get an interim EAD on the 91st day in most offices. much depends on your specific USCIS district office and their procedures for obtaining it.

 

[phwl]

FYI:

If you decide to go to the BCIS office at 26 Federal Plaza in Manhattan (NYC),
1. Be sure you wait until 90 days has passed, and:
2. Get to the building early - meaning like midnight the night before because the lines start forming around that time; because they (BCIS) ONLY ISSUE EAD CARDS TO THE FIRST 100 PEOPLE. No joke. The first 100 people only.

With the EAD, you can apply for your social security card.

Good luck.