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What Steps to do to Petiton a non-immigrant married to a US Citizen

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Shayna_ian

Junior Member
What is the name of your state? California
Hi, I just would like to make a follow-up question. After marriage what's the next step that should i do to petition my wife. I am a US Citizen and before marriage my wife entered US legally as a tourist and overstayed and is now out of status. We just recieved our marriage certificate from the county,i dont know if should we go to Social Security and apply for her number or file the I-130/ I-485 immigration form first, and when can she change her last name,is it thru Social Security or thru the immigration forms...Please I need help on this. Thank you and God Bless!:confused:
 


ImmigAttyLana

Senior Member
She is not eligible for a social security number until AFTER you file for her and she files for her AOS and obtains an employment authorization document. So file the immigration paperwork FIRST!

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

evcalyptos

Senior Member
What is the name of your state? California
Hi, I just would like to make a follow-up question. After marriage what's the next step that should i do to petition my wife. I am a US Citizen and before marriage my wife entered US legally as a tourist and overstayed and is now out of status. We just recieved our marriage certificate from the county,i dont know if should we go to Social Security and apply for her number or file the I-130/ I-485 immigration form first, and when can she change her last name,is it thru Social Security or thru the immigration forms...Please I need help on this. Thank you and God Bless!:confused:
Here is a guide to filing the complete adjustment of status, including the spouse petition I-130:
http://www.familybasedimmigration.com/forum/adjustment-of-status.php

Your wife is not eligible for a Social Security number until she has an EAD (work permit).
She can change her name on her immigration paperwork.
 

kdorn

Member
Since your wife is illegal, I assumed that she don't have state ID from DMV yet.

-The first step is apply for greencard first and also apply for Employment Authorization with USCIS. She can start use your last name right away.

-The EAD (Employment Card) will be process within 2-3 months after she applied and she just bring EAD, marriage license and passport to SSA Office to make SSN card. The SSN card will have the restriction "valid for work with DHS Authorization only" which mean that your wife can use SSN for work but have to show valid EAD card.

-After your wife got SSN, bring it to DMV along with her passport, work permit (EAD) and marriage license to make new ID card with your last name.
 

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