AOS late

[smurfett 0]

1. hi all, I would like to know, if i want to process my AOS until 2 years marriage( i came here 2011 on June ) and still havent fill the AOS file, is that fine? and can i get state ID for a while or i need Green card to make state ID?

2. And for tax for my husband, cos i still have not any GC, is that alright if he put married status without me having SSN, or any ID card?is that legal for his tax?

3. About vaccination, if i fill AOS until 2 years later, i have to make some vaccination again or not? how if is not until 2 years ahead, let say more than june 2012, am i have to make new vaccination?

4. Can i get SSN first without GC?

thanks a lot for your help

[kcoyclay1 98]

Fill in your timeline. We do not know what visa you are adjusting from nor any information about you. We can't give you the best response without knowledge of what's happening.

[KayDeeCee 4,891]

1. hi all, I would like to know, if i want to process my AOS until 2 years marriage( i came here 2011 on June ) and still havent fill the AOS file, is that fine? and can i get state ID for a while or i need Green card to make state ID?

2. And for tax for my husband, cos i still have not any GC, is that alright if he put married status without me having SSN, or any ID card?is that legal for his tax?

3. About vaccination, if i fill AOS until 2 years later, i have to make some vaccination again or not? how if is not until 2 years ahead, let say more than june 2012, am i have to make new vaccination?

4. Can i get SSN first without GC?

thanks a lot for your help

If you came on a K-1 visa, you could go to the social security office 2 weeks after your arrival to get your SSN. You need to file for the SSN within 2 weeks of your I-94 expiring. Since you came last June, that is not possible anymore. You cannot get your SSN without an EAD(employment authorization document) or a green card. You need to file for AOS to get both of those.

Why are you wanting to wait 2 years to file anyway? You cannot get your SSN, work, or leave the US. You are at the 6 months out of status mark, so when you file AOS, do not bother to file for AP. If you leave the US, you will trigger an automatic 3 year ban and will not be allowed back in, even if you have AP. So, do not leave until you have your green card.

It will cost you more to file if you wait more than a year since you had your K-1 medical because you will have to get to get a whole new medical done at a civil surgeon if it has been more than a year since the medical in your country. You came in June 2011, and it is almost June 2012. That is one year, not 2 years. It could be possible to still file now without needing a whole new medical exam depending on what month you had your medical done before.

[NancyNguyen 1,657]

If you came on a K-1 visa, you could go to the social security office 2 weeks after your arrival to get your SSN. You need to file for the SSN within 2 weeks of your I-94 expiring. Since you came last June, that is not possible anymore. You cannot get your SSN without an EAD(employment authorization document) or a green card. You need to file for AOS to get both of those.

Why are you wanting to wait 2 years to file anyway? You cannot get your SSN, work, or leave the US. You are at the 6 months out of status mark, so when you file AOS, do not bother to file for AP. If you leave the US, you will trigger an automatic 3 year ban and will not be allowed back in, even if you have AP. So, do not leave until you have your green card.

It will cost you more to file if you wait more than a year since you had your K-1 medical because you will have to get to get a whole new medical done at a civil surgeon if it has been more than a year since the medical in your country. You came in June 2011, and it is almost June 2012. That is one year, not 2 years. It could be possible to still file now without needing a whole new medical exam depending on what month you had your medical done before.

She wants to get 10 years card right away.

[KayDeeCee 4,891]

She wants to get 10 years card right away.

Ahh, well I do not really see the point of doing that.

OP> You have to live out of status, and have no SSN, not be able to work or travel. What if there is an emergency and you need to return home? You will not be able to re-enter the US then. If it is to save money because you will not have to file for removal of conditions, then that makes no sense to me either. To get the 10 year card, you need to file the I-130 with your I-485, and it costs $420. You will need a new medical and that will cost you around $200 on the cheap end. So, that is $620 extra added onto the $1070 I-485 fee. The fee to remove conditions is $590. You are saving no money that way.

[smurfett 0]

Thanks all for the replies.

the reason i am pending AOS process cos we still need to collect some money for that, and about 2 years, it just if and i never thinking we will have to wait until 2 years of marriage and process it, i hope it will be soon

yes i know everything if i dont have GC so i can't go back here anymore and not having a job either.

one more question, is that right for my husband tax if i dont have any GC yet? i mean for the status married on his tax form? is it legally for tax report if we are married but i dont have any ID except my passport?

[Harpa Timsah 13,258]

Yes, of course. He is legally married correct? Why would your lack of ID have anything to do with the matter? Do you think you don't exist?

[smurfett 0]

Yes, of course. He is legally married correct? Why would your lack of ID have anything to do with the matter? Do you think you don't exist?

yes we legally married and have certificate, but last week when he wanna make tax report, person in charge at tax office give him a form for me because i dont have SSN, or GC yet so it's look like a proof that we are legally married

i just worry that government will asks more than that example like my SSN or GC as a proof

yes sometimes i feel that way cos what i have now as my ID just my passport and like few days ago, tried to make ID card for a while until we can process AOS but they even didn't know about K1 visa and they said my visa expired and need to be extended and we explained it the expired date means for getting married and i dont need to extended my visa cos i came here not as a tourist

[Harpa Timsah 13,258]

I think you're just as confused as they are. Have a look around to get yourself situated.

[smurfett 0]

I think you're just as confused as they are. Have a look around to get yourself situated.

thanks Harpa, yes i will check some threads here

[JimVaPhuong 4,863]

yes we legally married and have certificate, but last week when he wanna make tax report, person in charge at tax office give him a form for me because i dont have SSN, or GC yet so it's look like a proof that we are legally married

i just worry that government will asks more than that example like my SSN or GC as a proof

yes sometimes i feel that way cos what i have now as my ID just my passport and like few days ago, tried to make ID card for a while until we can process AOS but they even didn't know about K1 visa and they said my visa expired and need to be extended and we explained it the expired date means for getting married and i dont need to extended my visa cos i came here not as a tourist

Your husband's tax accountant probably gave him a form W7 to fill out. That form is an application for the IRS to issue an Individual Taxpayer ID Number (ITIN) for you. An ITIN is for someone who is either required to submit a tax return or will be included on someone elses tax return, but isn't eligible for a Social Security number. The ITIN allows your husband to include you on his tax return.

Most states will not issue an ID card to you now. Most states require proof of lawful presence before they'll issue an ID card, and you are not currently lawfully present in the United States. Your lawful presence expired 90 days after you entered the United States. You'll have to wait until you get your green card before you can get an ID.

[smurfett 0]

Your husband's tax accountant probably gave him a form W7 to fill out. That form is an application for the IRS to issue an Individual Taxpayer ID Number (ITIN) for you. An ITIN is for someone who is either required to submit a tax return or will be included on someone elses tax return, but isn't eligible for a Social Security number. The ITIN allows your husband to include you on his tax return.

Most states will not issue an ID card to you now. Most states require proof of lawful presence before they'll issue an ID card, and you are not currently lawfully present in the United States. Your lawful presence expired 90 days after you entered the United States. You'll have to wait until you get your green card before you can get an ID.

Yes you are right, the accountant gave him W7 form and i already sign it too. ok now i got it that everything will be fine with the tax and my status will be fine until AOS process later, hope not until next june

thanks all

[N M 96]

Thanks all for the replies.

the reason i am pending AOS process cos we still need to collect some money for that, and about 2 years, it just if and i never thinking we will have to wait until 2 years of marriage and process it, i hope it will be soon

yes i know everything if i dont have GC so i can't go back here anymore and not having a job either.

one more question, is that right for my husband tax if i dont have any GC yet? i mean for the status married on his tax form? is it legally for tax report if we are married but i dont have any ID except my passport?

I undertstand you have a cash flow problem, but surely you realise that by waiting 2 years to file for AOS, you will be missing out on up to 2 years worth of wages? Even a few hours a week at minimum wage would pull in thousands over that 2 year period. Can you not borrow the fee from anyone?

[Caryh 5,206]

Yes you are right, the accountant gave him W7 form and i already sign it too. ok now i got it that everything will be fine with the tax and my status will be fine until AOS process later, hope not until next june

thanks all

Not every state requires proof of legal status to get a State ID. You need to check your state to see if they require it.

State ID's are normally handled by the the DMV of each state. The place the issues drivers licenses. You can go to the link below, find your state and go to their DMV site to find out if you might be able to get an ID.

http://www.dmvnv.com/50_state_dmv_list.html

As to your status now, you could be picked up and detained because you have not applied to adjust your status. You are currently out of status, not really here legally or illegally. If you are detained, you'll be taken before a judge who will order you to adjust status. Ignore him and thats when the real trouble can start. Good luck to you, I hope you can get the money set aside to adjust your status soon.

[smurfett 0]

I undertstand you have a cash flow problem, but surely you realise that by waiting 2 years to file for AOS, you will be missing out on up to 2 years worth of wages? Even a few hours a week at minimum wage would pull in thousands over that 2 year period. Can you not borrow the fee from anyone?

yes i understand about it too, thats why i dont think we are gonna process it waiting for 2 years, cos i read there is problem same like i do and waiting til 2 years

actually we are almost there for the fee, thats why i wish not until 1 year we can process it soon so i dont have to do another vaccination again cos my vaccination will be expired if it's more than this June

Thank you for understanding me