Applying for Adjustment of Status and Social Security

[Taylor007 0]

Were getting ready to apply for my wifes Adjustment of Status, and have some questions. One, she arrived March 15th. Her visa is valid until June 13th. From what we read, AS LONG the Adjustment of Status is turned in BEFORE June 13th, she will be given extended time here as long as there doing the process. My question is----is this true? And what form or proof do we get that she CAN stay, since her visa will be expired? My fear is if she gets questioned for ID, she will get deported if her visa is expired. Does she get a paper to extend her stay as proof of ID? Anyway, since our understanding is she somehow is given an extension, we don't plan to apply for the Adjustment of Status until May since the form fee is over $1,000 and were recovering from a costly wedding.

Also, to do the Adjustment of Status, it says she needs a medical. She already has the medical results she got in Manila. Our confusion is the NOLO book were using says she still needs to see a doctor but can use her results, yet says the file is in Homeland Security Office (the sealed envelope she brought to customs on arrival). She does have copy of the results though (Vaccination Supplement Sheet--DS3025 )and her Chest x-ray CD results. I guess I just need to know EXACTLY what do we do. Do we skip this step, turn in the I-693 ourselves, or go to a doctor with her results or a new exam? Very confused on all this.

Also, she has not applied yet for a work permit. She will get that with the Adjustment of Status packet, and will turn it in same time since the fees are all conclusive. (Better deal). But she already has needs to see a doctor and dentist here. I have insurance through my work, and would like to add her. But she needs a social security number. Its too expensive to take her to a doctor without insurance. According to what I read, she needs a work permit, or GOOD reason to apply for a card. I'm assuming adding her to my insurance will apply to this "good" reason. So will that work? Also do we mail the Social Security form in, or go in person.

Everyones help is much appreciated. Thank You.

[Anh map 2,098]

- Moved from Philippines regional forum to AOS Family Based Visa forum -

[Danu 19]

Were getting ready to apply for my wifes Adjustment of Status, and have some questions. One, she arrived March 15th. Her visa is valid until June 13th. From what we read, AS LONG the Adjustment of Status is turned in BEFORE June 13th, she will be given extended time here as long as there doing the process. My question is----is this true? And what form or proof do we get that she CAN stay, since her visa will be expired? My fear is if she gets questioned for ID, she will get deported if her visa is expired. Does she get a paper to extend her stay as proof of ID? Anyway, since our understanding is she somehow is given an extension, we don't plan to apply for the Adjustment of Status until May since the form fee is over $1,000 and were recovering from a costly wedding. I doubt she will get questioned unless she does something wrong, but you will get an NOA showing you are adjusting status, thats all you get showing that you are in the process and legally in a pending status.

Also, to do the Adjustment of Status, it says she needs a medical. She already has the medical results she got in Manila. Our confusion is the NOLO book were using says she still needs to see a doctor but can use her results, yet says the file is in Homeland Security Office (the sealed envelope she brought to customs on arrival). She does have copy of the results though (Vaccination Supplement Sheet--DS3025 )and her Chest x-ray CD results. I guess I just need to know EXACTLY what do we do. Do we skip this step, turn in the I-693 ourselves, or go to a doctor with her results or a new exam? Very confused on all this. You will need to goto a CS to have the I-693 filled out, you only need the vaccination section, not a whole new result as long as her one from Manila is sill valid (less than a year), and you can not do it yourself, the dr. needs to do it. What they mean by doing it from the file is they can fill out the vaccination info based on the copy of the vaccination suppliment.

Also, she has not applied yet for a work permit. She will get that with the Adjustment of Status packet, and will turn it in same time since the fees are all conclusive. (Better deal). But she already has needs to see a doctor and dentist here. I have insurance through my work, and would like to add her. But she needs a social security number. Its too expensive to take her to a doctor without insurance. According to what I read, she needs a work permit, or GOOD reason to apply for a card. I'm assuming adding her to my insurance will apply to this "good" reason. So will that work? Also do we mail the Social Security form in, or go in person. K1's can get SSN as long as your I-94 is still valid, without needing it for work or whatever. You go in person as you need to show them your I-94 to prove her status. If they give you any hassle there is a document on the SSN website showing that K1's are eligable for it.

Everyones help is much appreciated. Thank You.

[Elghazi2008 4]

There isn't really an 'extension' or anything like that.... You need to be married within the 90 days of arrival, and then you've got some time to save up money for AOS if you don't have any saved up for it already. My husband and I could not file for AOS because we too were financially unable to do so after such a rushed wedding, etc. It took us 6 months or so I believe.

As long as the medical occurred less than a year ago, you can use that vaccine supplement for your medical proof. There are many of us who did NOT see a civil surgeon here. There are also quite a few of us who never submitted an I-693, just the DS form. Do not send your chest x-ray results, the form instructions actually say not to I believe. I know there have been a lot of people who believe that the civil surgeon must fill out the I-693 for AOS, but that isn't the case.

You need to take her to the SS office asap. I took my husband the second week he was here I believe, you can look in my signature timeline. He was not in the system yet, but he got his SS card really fast and was able to legally work during those 90 days before the I-94 expired. The SS card should probably be the first priority after arriving in the states... Where we are, our ss numbers were required in order for us to be married....

[Donald-n-Analyn 6]

Wow, a lot of questions.

Your wife has a I-94 form in her passport that is valid for 90 days from her date of entry. You can use this form to get her a Social Security card. If you take a copy of your marriage certificate with you you can get it in her married name. Once the I-94 expires you can no longer get a SSN until she receives her green card. So if you want to get her on insurance, or any of your financial accounts, then apply for the SSN as soon as possible.

Once the I-94 expires, your wife does not have any "status" until she receives her green card. essentially, she is illegal during this period. However, in practice the USCIS will not deport the spouse of a citizen for this only. The law doesn't give a time limit for applying for Adjustment of Status (AOS), it only says that it should be done "as soon as possible" after getting married.

My wife's I-94 expired in late June of 2009 and we did not apply for AOS until late January of this year. So she legally had no status for 7 months. Her AOS was approved without an interview, in about 60 days.

There is a lot of confusion regarding the medical portion of the I-485. The K-1 medical exam is valid for one year. The guides state that you should have the vaccination record updated and sealed in an envelope with an I-693 by a civil surgeon. We couldn't find a doctor who would do this. I thought that my wife needed shots, so I paid $120 for a new medical exam and I-693. It turns out that she didn't need any shots. I have been told that we could have just included a copy of her DS-3025, instead of getting a new I-693. However, we did not get an RFE, and like I said, her approval was quick and interview free. If I were doing it again, I would save the $120 and try first with just the copy of the vaccination record.

Her A#, or "alien number", can be found on her I-94 form in her passport.

So, the bottom line is that if I were you, I would do this:

1. Apply for SSN as soon as possible.
   
2. File the I-485 and I-765 as soon as you can, but don't stress over a reasonable delay.
   
3. As long as the visa medical exam is less than 1 year old just send a copy of the DS-3025. You might want to mention in the cover letter that the visa medical is still valid.
   

Good luck, keep us posted.