Help with EAD and SSN

[Sarah K 5]

I came over to the US 5 years ago on a visa waiver for a vacation with my American citizen girlfriend. While I was here on vacation my wife asked me to stay saying that she was pregnant and get married.

I stayed and 2 weeks later we got married. We went to see a lawyer a few days later to do the adjustment of status. I filled out forms and had a medical all was going well until my sponsors could no longer sponsor my application.

So lots of things have happened since and I have 2 kids with my wife now, I have not done my immigration and have not worked since being in the USA since 5 years ago or been able to go back home to visit family. My wife works and I stay at home with the kids.

My questions are:

When my wife and I got married 5 years ago could I have immediately applied for an EAD and then my SSN?

Because I did not do my Adjustment of Status and therefore unable to work, I and my family have always been in a jam financially. Could I apply for an EAD and then SSN now?

[Nimaan 27]

1. No, you could have not applied for EAD & SSN without sending AOS package.

2. No, you cannot apply for EAD & SSN without sending AOS package.

You can apply for AOS anytime. You are out of status and can be deported. Send in your AOS as soon as you can. Also a new medical will be needed.

Edited June 4, 2013 by Nimaan

[ppihtr123 68]

Yes you can and should do AOS NOW. Does your wife make enough now to sponsor?

[Sarah K 5]

Erm thanks but which one of you is correct?

I have read posts where people applied for there EAD and SSN before there AOS

[ppihtr123 68]

You need to do an AOS.

Yes people have gotten SSN before but that is still no right to work. Your EAD would be based on your AOS.

The good news is when you file your AOS, you should have your EAD in your hand around the 90 day mark after filing. You may have your LPR status in as little as 4-5 months BUT it could take longer as there are lots of variables getting through the process!

Bottom line, If she makes enough to qualify to be your sponsor with a family of 4, spend the ~2K (AOS and medical) and get it done! No need to pay lawyer if you don't have anything complicated (your overstay doesn't make it complicated if that is your only issue) just follow the guides on this site.

[ppihtr123 68]

For clarification, look here for EAD info which requires form I-765.

http://www.uscis.gov/files/form/i-765instr.pdf

[ppihtr123 68]

Here is the financial Sponsor requirements.

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

I assume, you know that your wife would be your petitioner and primary sponsor. If her income does not qualify her for the financial part, you need a co-sponsor. Regardless, she is your primary (and maybe your sole) sponsor.

[kzielu 1,149]

Erm thanks but which one of you is correct?

I have read posts where people applied for there EAD and SSN before there AOS

Only those that came on K-1 visa. And more often SSN than EAD which is really waste of money at that time. You had same status as millions of tourists coming in here every day and your marriage to US citizen was completely irrelevant.

You have to file and send in AOS package. Look at I-765 form first before you question answers here - especially field #16 and figure out yourself if you're eligible... Don't forget to come back to tell us what you have found out...

Edited June 5, 2013 by kzielu

[Harpa Timsah 13,258]

Erm thanks but which one of you is correct?

I have read posts where people applied for there EAD and SSN before there AOS

You misunderstood. You, in your situation, CANNOT apply for EAD or SSN without doing AOS.

File AOS. Have you found the appropriate guide?

[Sarah K 5]

You misunderstood. You, in your situation, CANNOT apply for EAD or SSN without doing AOS.

File AOS. Have you found the appropriate guide?

No, I did start AOS 5 years ago until the sponsors lost their jobs at the time of the stock market crash. I had the paper work and did my medical but I've got to do it all over again and I estimate it will cost around $2,000. Money that we don't have yet so it will have to wait.

Then I heard that overstayers are going to be charged $500 for being classed as overstayers so that will total $2,500 and pay any back taxes which I wish I had to pay, since I have not worked (no EAD no SSN).

[newacct 688]

Then I heard that overstayers are going to be charged $500 for being classed as overstayers so that will total $2,500 and pay any back taxes which I wish I had to pay, since I have not worked (no EAD no SSN).

No. There is no charge for overstay.

If you didn't have income, then why do you think you need to pay taxes? (Actually, the two of you should have file married filing jointly all of these years anyway, since that is much better money-wise than married filing separately.)

[Sarah K 5]

No. There is no charge for overstay.

If you didn't have income, then why do you think you need to pay taxes? (Actually, the two of you should have file married filing jointly all of these years anyway, since that is much better money-wise than married filing separately.)

How could we file together we have been married for 5 years but I have no legal standing in the US at the moment because of non filing of the AOS? I'm not allowed to claim anything.

I wouldn't have thought that we could file together since I do not have the AOS completed. My wife files for herself and the kids. I'm somewhere in 'no-ones' land at the moment.

Edited June 7, 2013 by John Devon

[Harpa Timsah 13,258]

How could we file together we have been married for 5 years but I have no legal standing in the US at the moment because of non filing of the AOS? I'm not allowed to claim anything.

I wouldn't have thought that we could file together since I do not have the AOS completed. My wife files for herself and the kids. I'm somewhere in 'no-ones' land at the moment.

Ah, you're incorrect on that. Even illegal aliens are required to (or allowed to) file taxes. You could have been filing taxes together this whole time. Your person is worth about $3K in taxes. I'd go back, refile (file an amendment return) married jointly, get some money?

[Sarah K 5]

Ah, you're incorrect on that. Even illegal aliens are required to (or allowed to) file taxes. You could have been filing taxes together this whole time. Your person is worth about $3K in taxes. I'd go back, refile (file an amendment return) married jointly, get some money?

Wow this is exciting this could help towards the costs of AOS, and get back into working, I can't even volunteer for the Fire Rescue at the moment.

My wife handles all our financing and I know she has her taxes done yearly with H&R Block, I guess she has not told them about me or they would have advised her to claim.

My wife is at work at the moment, I'll tell her when she gets home.

[Sarah K 5]

Ah, you're incorrect on that. Even illegal aliens are required to (or allowed to) file taxes. You could have been filing taxes together this whole time. Your person is worth about $3K in taxes. I'd go back, refile (file an amendment return) married jointly, get some money?

My wife says that on the tax return form that there is a check box that declares if your husband is not an American citizen.

She says that she would not be entitled to benefits for the kids if I was on the tax form.

She looked into it before I came over and got married, the tax office wanted to know how much taxes I had earned in the past year - as though I had been providing for her.