Adjustment Questions - Birth Cert copy / SSN / work permit

[Just Call Me Rich 0]

Hello and thank you all for your help in this so far. My new wife and I are happily married and settling in to our new life. Now my attention turns to the Adjustment of status forms.

1) Is a copy of the original birth certificate or the original itself ok?

We had a copy and had it translated and they kept it with the paperwork we submitted during our Visa interview. But now she is here and can't go back to Costa Rica to get a new copy.

2) We are married now - can she file for a Social Security Number now?

I think I read we should have done it when she first got here, but I missed that, so now we are married but have not filed AOS yet - will we be able to get one before we file AOS?

3) Can we file for the work permit before we turn in the rest of the Adjustment of Status?

This is probably splitting hairs, but can we file for the work permit before we file for the Adjustment of Status papers? Or is it dependent on the Adjustment of Status being filed as well?

4) Will her income count for household income for sponsorship?

She has the skill and talent to make as much or me than me in the workplace. And now they are talking about further layoffs and outsourcing my department at work. If I lose my job, but she is making enough to keep us above the poverty level at the time of the AOS interview, will this count? I can't imagine they would take the breadwinner away from the family, deport her, and put us on welfare/unemployment - doesn't make sense. I am determined to work - don't get me wrong - I enjoy working and am career oriented. But Murphys Law strikes hard sometimes.

Thank you!

[Diana and Chris 25]

Congratulations on your wedding!

My reply is asuming she arrived on a K1 Visa...

1) A copy is fine, but you must send a translation with it.

2) She can file for the SSN even before you got married, but now she can do it with her married name (if this is what she decided). As long as she still has a valid I-94 she may do it. (Make sure she has been in the states for at least 2 weeks, or she will still not be in the system and it might take up for 4 weeks for the SSN to arrive in the mail)

3. The EAD or Work Permit is only free if you send it with the AOS. You should not send it alone or before AOS if she arrived on a K1.

4. She can't work without an EAD, and for the AOS you do need to be above poverty level and have worked at least for 6 months if you are not showing a tax return. I would assure a co-sponsor - other than your wife - if you do lose your job.

Hope I helped!!

Edited November 28, 2011 by Diana and Chris

[baron555 934]

Hello and thank you all for your help in this so far. My new wife and I are happily married and settling in to our new life. Now my attention turns to the Adjustment of status forms.

1) Is a copy of the original birth certificate or the original itself ok?

We had a copy and had it translated and they kept it with the paperwork we submitted during our Visa interview. But now she is here and can't go back to Costa Rica to get a new copy.

Yes, with translation again.

2) We are married now - can she file for a Social Security Number now?

I think I read we should have done it when she first got here, but I missed that, so now we are married but have not filed AOS yet - will we be able to get one before we file AOS?

If there are more than about two weeks left on the I-94 visa. If not, then you have to wait until she gets her GC.

3) Can we file for the work permit before we turn in the rest of the Adjustment of Status?

This is probably splitting hairs, but can we file for the work permit before we file for the Adjustment of Status papers? Or is it dependent on the Adjustment of Status being filed as well?

It won't be free of cost if you file for it early. What is delaying filing for everything at once?

4) Will her income count for household income for sponsorship?

She has the skill and talent to make as much or me than me in the workplace. And now they are talking about further layoffs and outsourcing my department at work. If I lose my job, but she is making enough to keep us above the poverty level at the time of the AOS interview, will this count? I can't imagine they would take the breadwinner away from the family, deport her, and put us on welfare/unemployment - doesn't make sense. I am determined to work - don't get me wrong - I enjoy working and am career oriented. But Murphys Law strikes hard sometimes.

Since she can't legally work when you file the AOS documents, she can't be listed as a financial sponsor....and since only USCs can be sponsors, her income can't count until she gets naturalized which can happen only after three years of marriage to you.

Thank you!

[VanessaTony 3,567]

1. A copy and translation are all that's required

2. If her I-94 still has at least 14 days left on it she can, again . Otherwise she needs to wait until she has her EAD

3. You can. But you need to pay for it. Then it's only valid until the I-94 expires. So it would be pointless. Filed WITH AOS the fee for EAD and AP are waived.

4. You file the I-864 with the AOS paperwork so as she's not working now (or shouldn't be as it's illegal) then obviously her income doesn't count. If you lose your job between now and then and are forced to re-file the I-864 and she's working they CAN consider her income as long as it's likely to continue... but you'd be better off getting someone else to be a joint sponsor. As for whether they would deport her if she's working and earning well... having a job doesn't "protect" her from deportation or proving your relationship isn't fake.