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I have been married for 8 years and my US spouse has not claimed me at all

due to NO SS#. I wanted to know if this would be a problem when applying

for AOS. We have 2 kids and he has been filing as Head of Household.

Thank you for your help.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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Please excuse my ignorance, but, you've been married for 8 years, so you've been in the US for at least that many years. Why don't you have a SSN? Are you currently a Lawful Permanent Resident or a Green Card Holder? If you are, I am pretty sure you will need an SSN when applying to adjust your status. Though there are other proof used to prove your marriage is genuine, one of the primary evidence when submitting for AOS is the tax return filed as married filing jointly.

I have been married for 8 years and my US spouse has not claimed me at all

due to NO SS#. I wanted to know if this would be a problem when applying

for AOS. We have 2 kids and he has been filing as Head of Household.

Thank you for your help.

Edited by dindo and patty

Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

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Please excuse my ignorance, but, you've been married for 8 years, so you've been in the US for at least that many years. Why don't you have a SSN? Are you currently a Lawful Permanent Resident or a Green Card Holder? If you are, I am pretty sure you will need an SSN when applying to adjust your status.

No, you do not need an SSN to fill tax forms. There are many people who don't have SSNs and have stayed in the USA for decades.

To answer the OP, you will at least need an ITIN to fill up tax forms/returns together with your spouse. Everyone who enters the USA lawfully with a visa can apply for an ITIN before the visa expires.

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Thank you. That is great information to know. It just makes me wonder though how you can exist without an SSN. Apparently it is possible.

No, you do not need an SSN to fill tax forms. There are many people who don't have SSNs and have stayed in the USA for decades.

To answer the OP, you will at least need an ITIN to fill up tax forms/returns together with your spouse. Everyone who enters the USA lawfully with a visa can apply for an ITIN before the visa expires.

Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

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No, you do not need an SSN to fill tax forms. There are many people who don't have SSNs and have stayed in the USA for decades.

To answer the OP, you will at least need an ITIN to fill up tax forms/returns together with your spouse. Everyone who enters the USA lawfully with a visa can apply for an ITIN before the visa expires.

Thanks for the info. My visa expired long time ago as I entered in '97.

My marriage is bonafide, they only thing is I was never claimed on his taxes at all.

Will My AOS get denied because of that? Anyone had the same experience?

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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Filed: Other Timeline

Let's take this one step at a time, shall we?

So you entered the US with a visa which expired in 1997 and are out of status since. Yes or no?

1) Have you worked? Yes or no.

2) I understand that your husband filed his taxes without you, but did he file as "single" or as married?

3) Why did you guys not file for Adjustment of Status in the past 8 years?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Let's take this one step at a time, shall we?

So you entered the US with a visa which expired in 1997 and are out of status since. Yes or no?

1) Have you worked? Yes or no.

2) I understand that your husband filed his taxes without you, but did he file as "single" or as married?

3) Why did you guys not file for Adjustment of Status in the past 8 years?

Hi there,

1) No, I have not worked.

2) Has been Filing as 'Head of Household'

3) Didn't file because my passport got stolen and

some attorneys had been saying that it was impossible

to adjust because I was out of status and some said I will have to do I-601 until I got online

and did the research myself and found this forum... didn't realize 8 years went by so fast :(. I recently FOIA'd my I-94 and visa records

and waiting for the docs to come back so I can apply for my I-94. Right now I have to prove that I entered legally before applying for anything

correct?

Thanks.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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Filed: K-1 Visa Country: Vietnam
Timeline

Please excuse my ignorance, but, you've been married for 8 years, so you've been in the US for at least that many years. Why don't you have a SSN? Are you currently a Lawful Permanent Resident or a Green Card Holder? If you are, I am pretty sure you will need an SSN when applying to adjust your status. Though there are other proof used to prove your marriage is genuine, one of the primary evidence when submitting for AOS is the tax return filed as married filing jointly.

Why would an LPR file to adjust status? :blink:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Usually they tell you to fill out a w-9 for the first tax year that you are married, and the IRS would issue you a tax id number for tax reporting purposes, even if you have no income. They would use that in place of a SSN until you received one. I don't know how you would do it now, since you've been married all of this time.

If he filed as HOH he essentially filed as single. I honestly don't know if there's a way to get that reversed without consequences, if at all.

Here's some info about the w-9 that I mentioned:

info: http://www.irs.gov/instructions/iw9/ar02.html#d0e147

the form: http://www.irs.gov/pub/irs-pdf/fw9.pdf

Why would an LPR file to adjust status? :blink:

:lol:

Our timeline:

1993: Met at the age of 9, best friends ever since

2007: Admitted what we both knew all along...

December 25,2008: He proposed!!!!

May 9, 2009: Got married

May 10th, 2011: Date that lawyer claimed he mailed out AOS package

July 14th, 2011: Date that lawyer *actually* mailed out AOS package

July 18th, 2011: USCIS started processing our application

July 30th, 2011: Received Biometrics Appointment (8/11/11)

August 1st, 2011: Successful Biometrics walk-in

August 3rd, 2011: Received all NOA hard copies

September 12, 2011: Card production notice for EAD (!!!)

September 13, 2011: I765 touched

September 19, 2011: EAD arrived in the mail

December 28, 2011: Received email notification of our interview date

February 1, 2012: Interview

February 29, 2012: Approval notice via email(!!!)

March 7, 2012: Card arrives in the mail (!!!)

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If he filed as HOH he essentially filed as single. I honestly don't know if there's a way to get that reversed without consequences, if at all.

Here's some info about the w-9 that I mentioned:

info: http://www.irs.gov/instructions/iw9/ar02.html#d0e147

the form: http://www.irs.gov/pub/irs-pdf/fw9.pdf

:lol:

So if you file as Head of Household you are considered 'single'?.

Would really like to know if anyone had been in this same boat and went through the interview okay.

I know that every IO officer is different but just in case....

Thanks!

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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Unfortunately, yes. Hopefully someone who's been in a similar situation will come by and provide some more info.

Our timeline:

1993: Met at the age of 9, best friends ever since

2007: Admitted what we both knew all along...

December 25,2008: He proposed!!!!

May 9, 2009: Got married

May 10th, 2011: Date that lawyer claimed he mailed out AOS package

July 14th, 2011: Date that lawyer *actually* mailed out AOS package

July 18th, 2011: USCIS started processing our application

July 30th, 2011: Received Biometrics Appointment (8/11/11)

August 1st, 2011: Successful Biometrics walk-in

August 3rd, 2011: Received all NOA hard copies

September 12, 2011: Card production notice for EAD (!!!)

September 13, 2011: I765 touched

September 19, 2011: EAD arrived in the mail

December 28, 2011: Received email notification of our interview date

February 1, 2012: Interview

February 29, 2012: Approval notice via email(!!!)

March 7, 2012: Card arrives in the mail (!!!)

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I apologize. If the OP is in fact an LPR then I meant to say removal of conditions. The OP confirmed she has not filed AOS since entering in 1997 and her visa has expired a long time ago.:bonk:

I hope the OP has at least consulted an immigration lawyer.

[quote name='JimVaPhuong' timestamp='1307670676' post='4713710'

Why would an LPR file to adjust status? :blink:

Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

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Filed: AOS (pnd) Country: Belarus
Timeline

I have been married for 8 years and my US spouse has not claimed me at all

due to NO SS#. I wanted to know if this would be a problem when applying

for AOS. We have 2 kids and he has been filing as Head of Household.

Thank you for your help.

If you have other things to prove that you've been living together all this time it might be not such a big issue. You have 2 kids together and this is a very strong proof that you are a real couple. Just explain on the interview why weren't you a dependent on the tax return. Send them as much evidence that you have joint accounts ect and you should be fine. What about the couples that get married and send the AOS package the very next day? Immigrant spouses don't even have SSN at that time. I am not a lawyer but i think you will be fine.

(0) 05/10/2011 - Package sent (I-130, I-485, I-765) via FedEx Overnight

(1) 05/11/2011 - Package Received

(21) 05/31/2011 - checks cashed

(27) 06/06/2011 - NOA received for I485, I765, I10; appontment letter for BIO ( 06/29)

(50) 06/29/2011 - Biometrics done ( tried to walk in on 06/20, was refused in Elizabeth, NJ)

(56) 07/05/2011 - EAD card production ordered

(59) 07/08/2011 - another update EAD card production ordered on 07/08/2011

(66) 07/12/2011 – interview letter received for Aug 15, EAD approved, letter sent out on 07/11

(68) 07/14/2011 – EAD card arrived in mail!

(100)08/15/2011 - interview – APPROVED!!!

(104)08/19/2011- Welcome notice received.

(107)08/22/2011- GC arrived in mail.

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Filed: Citizen (apr) Country: Iran
Timeline

I will try to address the IRS issue. He has been filing an improper tax return for the years you have been married and it could cause a problem if the IRS finds out. The head of household status has tax benefits which exceed what would have been available if he had filed as married. Depending on whether or not you worked and even bigger, whether or not he collected the Earned Income Credit based upon a head of household status with children, if the IRS gets wind of this there could be some serious issues.

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bump

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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