AOS from Tourist Visa - not filed yet - can she get a non-work SSN?

[maxxnys 0]

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

[Dohan 133]

Since she didn't come in on a K1, you can't apply for SSN until she has an EAD. I also suggest you would apply for AOS, ASAP because if you don't she will be considered to have overstayed her tourist visa. Application for AOS restarts the clock so to speak.The initial form fee is $985 so you don't need the whole sum right away.

Marriage by itself doesn't give your wife any rights and has no effect on her immigration status until you apply for AOS.

[kzielu 1,144]

No, she can't.

[sweet cakes 326]

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

Unfortunately, as a tourist visa holder, your wife is not eligible to apply for SSN.

As advised above, the only way to get around this is to submit the AOS asap and concurrently apply with EAD. Lead time of the latter is about 60-90 days, whereas AOS itself can reach 4 months up to a year.

[JohnR! 5,495]

She can't get a SSN but the can get an ITIN which most banks will accept so you can add her to your bank account. That is as far as she can do until she has her EAD on hand. If she has a driver's license from her home country she can use it in the US, so long as she has her passport with her while driving.

http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-%28ITIN%29

Congrats and good luck!

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

[JohnR! 5,495]

She can't get a SSN but the can get an ITIN which most banks will accept so you can add her to your bank account. That is as far as she can do until she has her EAD on hand. If she has a driver's license from her home country she can use it in the US, so long as she has her passport with her while driving.

http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-%28ITIN%29

Congrats and good luck!

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

[maxxnys 0]

Since she didn't come in on a K1, you can't apply for SSN until she has an EAD. I also suggest you would apply for AOS, ASAP because if you don't she will be considered to have overstayed her tourist visa. Application for AOS restarts the clock so to speak.The initial form fee is $985 so you don't need the whole sum right away.

Marriage by itself doesn't give your wife any rights and has no effect on her immigration status until you apply for AOS.

I thought I had read somewhere here that if we apply for the AOS after her visa expires that her overstay would be forgiven. Or did I read that wrong?

If we do have the opportunity to afford the $985.00 filing fee before her visa expires - What would be the official application date? We have about 3 weeks before the visa expires money is tight so we could probably do it but it will be a close call. (MUST the application date be before her visa expiration date?)

BTW Technically her visa is good through Sep 2017. Her I-94 stamp expires Nov 22 2014.

If we apply for the AOS and EAD at the same time will it be fee for both in advance?

[Merrytooth 5,748]

You have to file I-130 and AOS paper work (I-485/I-864/I-693/I-131/I-765) concurrently.

I-130 ~ $420

I-131/I-765 AP/EAD is free with I-485 ~ $1,070

Also you wife has to do the medical exam by civil surgeon - I-693, which you have to pay too.

Please read the guide here:

http://www.visajourney.com/content/i130guide2

[Transborderwife 4,666]

My husband and I opened a joint account with Wells Fargo without a ssn. The banker told

Is as long as there is one ssn on file it is fine. We haven't had any trouble.

[Ketsuban 1,033]

I thought I had read somewhere here that if we apply for the AOS after her visa expires that her overstay would be forgiven. Or did I read that wrong?

If we do have the opportunity to afford the $985.00 filing fee before her visa expires - What would be the official application date? We have about 3 weeks before the visa expires money is tight so we could probably do it but it will be a close call. (MUST the application date be before her visa expiration date?)

BTW Technically her visa is good through Sep 2017. Her I-94 stamp expires Nov 22 2014.

If we apply for the AOS and EAD at the same time will it be fee for both in advance?

Yes the overstay is forgiven once AOS is filed. If she's caught by a random immigration check (ie if you're pulled over by the cops for whatever reason and they run a check on her) before the AOS is filed then she'll be in trouble.

[khenzee 5]

Someone posted that you only need $985 to file AOS. Not true. You must file I-130 ($420) along with AoS or it will be denied. Make sure the amounts on the checks you send are correct or they will return your packet and checks to you.

[belinda63 2,981]

You are looking at about $1800 total to file

I-130 $420

I-485 $1070

Medical fee varies greatly depending on immunizations required and who does it. Anywhere from a few hundred and up.

She will become out of status when her I-94 expires. Being married to you in and of itself means nothing. Unless she has the NOA-1 (receipt) showing AOS has been filed for she is subject to detention and deportation at any time between the expiration of her I-94 and receiving her NOA-1.

Best thing to do is to find someone to loan you the money or take a loan out to pay the fees. When she files for AOS she can apply for the EAD also at no additional cost.

[maxxnys 0]

You are looking at about $1800 total to file

I-130 $420

I-485 $1070

Medical fee varies greatly depending on immunizations required and who does it. Anywhere from a few hundred and up.

She will become out of status when her I-94 expires. Being married to you in and of itself means nothing. Unless she has the NOA-1 (receipt) showing AOS has been filed for she is subject to detention and deportation at any time between the expiration of her I-94 and receiving her NOA-1.

Best thing to do is to find someone to loan you the money or take a loan out to pay the fees. When she files for AOS she can apply for the EAD also at no additional cost.

Ok This sort of is the same thing everyone else has been saying but more detailed. I did read the paperwork requirements and understand that part.

My new question is this: What are the real chances of her being detained and/or deported? We are in upstate New York in Syracuse and live a clean life. If there's a turn signal out and she gets pulled over driving is the police officer going to check her immigration status and detain her if her papers are not in order? Anyone heard of such a thing in a similar situation?

Sounds like something that might happen in Arizona with a Mexican criminal that has no papers at all. My wife has a valid passport, drivers license, and valid visa. Her I-94 will expire Nov 22. Are police that trained to know immigration rules?

I mean... I have heard of (some) criminals that are here illegally being deported but what are the real chances of my cute Ukranian wife (Or any of the tens of thousands or more illegal aliens in NYC for instance) actually getting deported?

There are SO many eastern European women that are not even married to a us citizen in a similar situation but I have not heard of deportation from any of them.

[nadia&sameer 12]

Ok This sort of is the same thing everyone else has been saying but more detailed. I did read the paperwork requirements and understand that part.

My new question is this: What are the real chances of her being detained and/or deported? We are in upstate New York in Syracuse and live a clean life. If there's a turn signal out and she gets pulled over driving is the police officer going to check her immigration status and detain her if her papers are not in order? Anyone heard of such a thing in a similar situation?

Sounds like something that might happen in Arizona with a Mexican criminal that has no papers at all. My wife has a valid passport, drivers license, and valid visa. Her I-94 will expire Nov 22. Are police that trained to know immigration rules?

I mean... I have heard of (some) criminals that are here illegally being deported but what are the real chances of my cute Ukranian wife (Or any of the tens of thousands or more illegal aliens in NYC for instance) actually getting deported?

There are SO many eastern European women that are not even married to a us citizen in a similar situation but I have not heard of deportation from any of them.

If she gets pulled over she would be asked for her driver's license. The fact that the license will be from another country will require her to show her passport. Her passport will show that her visa is expired. It would depend on the officer as to what he/she does with the information, but they should detain her and transfer her to ICE if this were to happen. I personally wouldn't risk it, but that's just me.

[Transborderwife 4,666]

Double post

Edited November 1, 2014 by Transborderwife