Form I797 or I797C

[bislig2alabama 1]

I applied for my retirements benefits, mine, my childs and my wife.

Approved mine and my childs. Refuse to apprve mine without an I-797. I have only I-797C forms as notice of action. We do not need an EAD because my wife is not working.

What is an I-797? How can I obtain one? What is it for? etc.

Thanks

Waiting for approval of AOS in Alabama

[Yodrak 7]

alabamabislig,

I-797 and I-797C are essentially the same thing - a blank piece of paper with a fancy background on which a Notice of Action is printed. The only apparent difference between them is that letter 'C'.

Notices of action are of many different varieties, so you'll have to be more specific about what particular notice of action is required.

Yodrak

I applied for my retirements benefits, mine, my childs and my wife.

Approved mine and my childs. Refuse to apprve mine without an I-797. I have only I-797C forms as notice of action. We do not need an EAD because my wife is not working.

What is an I-797? How can I obtain one? What is it for? etc.

Thanks

Waiting for approval of AOS in Alabama

Edited March 2, 2006 by Yodrak

[I'm Gone 60]

I applied for my retirements benefits, mine, my childs and my wife.

Approved mine and my childs. Refuse to apprve mine without an I-797. I have only I-797C forms as notice of action. We do not need an EAD because my wife is not working.

What is an I-797? How can I obtain one? What is it for? etc.

Kind of hard to follow, but are you saying that you applied for Social Security retirement benefits and your claim and the child claim have been approved, but the young spouse claim can't be approved until your spouse can establish she is in the country legally?

If that's the case, is the child a U.S. citizen? If not what did you use to establish the child's status? Do you have the filing reciept from your spouse's I-485?

http://policy.ssa.gov/poms.nsf/lnx/0300204025#B4

RS 00204.025 Evidence Requirements for Establishing U.S Lawful Presence

If an alien was admitted as…

g. An alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status

Then obtain…

Form I-797 (Notice of Action); OR

EAD (Employment Authorization Document) (Form I-688B/I-766), which shows the provision of law as “274a.12©(9)” on Form I-688B) or the category as “C9” on Form I-766. (See the Administrative Confidential memorandum for exhibits of Forms I-688B and I-766)

NOTE: U.S. citizens may file I-130 petitions for their noncitizen spouses and children as well as I-485 applications for adjustment of status, if the spouses and children are in the U.S. Form I-130 and I-485 contain an A Number and a Receipt Number. If these documents are submitted, consider the alien lawfully present if immigration status is verified with DHS.

And verify status…

With DHS before adjudication in all cases via an online SAVE query per instructions in RS 00204.020C.4. If unable to verify status via online SAVE query response, verify alien status using Form G-845 per instructions in RS 00204.020C.6. Reverify continuing lawful presence 1 year after initial verification of status is received.

[bislig2alabama 1]

I applied for my retirements benefits, mine, my childs and my wife.

Approved mine and my childs. Refuse to apprve mine without an I-797. I have only I-797C forms as notice of action. We do not need an EAD because my wife is not working.

What is an I-797? How can I obtain one? What is it for? etc.

Kind of hard to follow, but are you saying that you applied for Social Security retirement benefits and your claim and the child claim have been approved, but the young spouse claim can't be approved until your spouse can establish she is in the country legally?

If that's the case, is the child a U.S. citizen? If not what did you use to establish the child's status? Do you have the filing reciept from your spouse's I-485?

http://policy.ssa.gov/poms.nsf/lnx/0300204025#B4

RS 00204.025 Evidence Requirements for Establishing U.S Lawful Presence

If an alien was admitted as…

g. An alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status

Then obtain…

Form I-797 (Notice of Action); OR

EAD (Employment Authorization Document) (Form I-688B/I-766), which shows the provision of law as “274a.12©(9)” on Form I-688B) or the category as “C9” on Form I-766. (See the Administrative Confidential memorandum for exhibits of Forms I-688B and I-766)

NOTE: U.S. citizens may file I-130 petitions for their noncitizen spouses and children as well as I-485 applications for adjustment of status, if the spouses and children are in the U.S. Form I-130 and I-485 contain an A Number and a Receipt Number. If these documents are submitted, consider the alien lawfully present if immigration status is verified with DHS.

And verify status…

With DHS before adjudication in all cases via an online SAVE query per instructions in RS 00204.020C.4. If unable to verify status via online SAVE query response, verify alien status using Form G-845 per instructions in RS 00204.020C.6. Reverify continuing lawful presence 1 year after initial verification of status is received.

Thanks. But tday I discovered that the problem was NOT with the form but with the SS representative. She wanted an I-797 from the Department of Homeland Security. That department did not exist when our I-797, Approval of Petition, was issued. Our I-797 was issued by the then Department of Justice. It was not until the supervisor became involved was the error discovered. But the SS website is a great source of important information. Thanks again for the info.