Will getting an ITIN interfere with IR-1/CR-1?

[C.Web 0]

I have been living in the States with my husband (US Citizen) for a couple years now. We just sent off the I-130 last week and it was accepted and sent to NSC. My question is can I get an ITIN without causing any problems in the future? I do not work but in order to get health insurance I need one. Thank you in advance!!

[dwheels76 5,459]

I have been living in the States with my husband (US Citizen) for a couple years now. We just sent off the I-130 last week and it was accepted and sent to NSC. My question is can I get an ITIN without causing any problems in the future? I do not work but in order to get health insurance I need one. Thank you in advance!!

No you don't qualify for a ITIN. Did he also send the I-485 (which is the adjustment of status) since you do live here?

[C.Web 0]

Thank you for your response. No he did not. My joint sponsor has been very busy and I thought we could send just the I-130 rather then waiting til they have the time to do it. I could send everything in probably in a week but it is probably too late isn't it? Did I just make a huge mistake in doing it this way?

[dwheels76 5,459]

Thank you for your response. No he did not. My joint sponsor has been very busy and I thought we could send just the I-130 rather then waiting til they have the time to do it. I could send everything in probably in a week but it is probably too late isn't it? Did I just make a huge mistake in doing it this way?

Okay I am confused what it is exactly you have done. You say joint sponsor where one is not needed at this stage for a I-130. What you have done just filing a I-130 is given immigration the assumption you live abroad that is what a stand along I-130 is for those immigrants wishing to immigrate here living abroad.

You say you been living here a couple of years so you have now overstayed so you can't go back without penalty (not sure how Canada dos all that since you don;t need a visa to visit here).

You need to read the guides on adjusting status and get your I-485 in.

Get the NOA1 (thats the notice of action has your receipt number all that) and attached to the top of your I-485 petition so they can be joined up and they will processed you here in the US,

But ITIN is a no you are in the US.

[C.Web 0]

Okay I am confused what it is exactly you have done. You say joint sponsor where one is not needed at this stage for a I-130. What you have done just filing a I-130 is given immigration the assumption you live abroad that is what a stand along I-130 is for those immigrants wishing to immigrate here living abroad.

You say you been living here a couple of years so you have now overstayed so you can't go back without penalty (not sure how Canada dos all that since you don;t need a visa to visit here).

You need to read the guides on adjusting status and get your I-485 in.

Get the NOA1 (thats the notice of action has your receipt number all that) and attached to the top of your I-485 petition so they can be joined up and they will processed you here in the US,

But ITIN is a no you are in the US.

It was my understanding I could not send the I-485 without the I-864 so I just sent in the I-130 to get started. I have only sent in the I-130. I could send the I-485 but would I send it to the Chicago lockbox or to NSC?

Edited September 23, 2014 by C.Web

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Headingbackhome 0]

No you don't qualify for a ITIN. Did he also send the I-485 (which is the adjustment of status) since you do live here?

An ITIN is an "Individual Tax Id Number" and is NOT a social security number which she currently is not entitled to.

We live overseas and I got my wife an ITIN a couple of years ago so that I could include her on my tax returns.

As I understand, one cannot use an ITIN to get health insurance because it is not a SS#.

[C.Web 0]

An ITIN is an "Individual Tax Id Number" and is NOT a social security number which she currently is not entitled to.

We live overseas and I got my wife an ITIN a couple of years ago so that I could include her on my tax returns.

As I understand, one cannot use an ITIN to get health insurance because it is not a SS#.

I just spoke to blue cross blue shield and they said an immigrant can get health insurance if they show their I-94, ITID or ESTA along with their passport and statement saying they have not filed for an SSN

[ValerieA 350]

If I remember correctly, you have to file for an ITIN with your tax return - I'm guessing your husband filed taxes as single for the last couple of years? I don't know how long it takes to get one, but you are looking at 3-5 months for a green card, so I would be tempted to just wait for that and get your SSN - then refile the last couple of years tax returns to get the 'married filing jointly' deductions.

Granted, I have made the assumptions that you have been married for 2 years, and getting health insurance is not urgent.

Hang on, they need his tax returns for the AOS, so waiting to refile is not really an option if you've been married 2 years. Sorry. Brain not working today.

Edited September 24, 2014 by ValerieA

[Darnell 8,478]

Will getting an ITIN interfere with IR-1/CR-1?

First, you aren't chasing this visa status. Instead, you are seeking an adjustment of status, with the issuance of a green card 'at the end'.

Second, I feel pretty sure that you qualify to file for the ITIN, as you have no legal status in the USA at the moment and do not qualify to be issued a SSN (again, at the moment)

Third, if you feel that in a few weeks you can send off the I-485 set - I suggest that you wait until you have the receipt notice, formletter I-797 or I-797C, from USCIS. Make a copy of it, send the I-485 set somewhere (either the concurrent filing address [which will force USCIS to pull the I-130 to a different adjudicating office, always a good thing] or the address listed in the receipt notice [which should force 'that office' to send the entire set of I-130 + I-485 into the proper adjudicating office] )

Go Get Em, and Good Luck !

[Headingbackhome 0]

I just spoke to blue cross blue shield and they said an immigrant can get health insurance if they show their I-94, ITID or ESTA along with their passport and statement saying they have not filed for an SSN

The key word you used was "immigrant". I am assuming if you are a legal immigrate even without a SS# which you are entitled to get one, you probably would be eligible for health insurance. My wife is not an immigrant and can only get an ITIN. As far as the OP, when I checked Healthcare.gov website I didn't see any category for regular people between the status of non-tourist and green card holder except perhaps "Temporary Legal Resident".

Edited September 25, 2014 by Headingbackhome

[NikLR 13,220]

I just spoke to blue cross blue shield and they said an immigrant can get health insurance if they show their I-94, ITID or ESTA along with their passport and statement saying they have not filed for an SSN

You're not an immigrant and legally you have zero status in the USA. You are there illegally until you file the I-485. Not sure if you can get an ITIN but then again you aren't an immigrant or entitled to an ITIN. However to get an ITIN you need to wait until tax season and your husband files a w7 with his taxes requesting an ITIN for you. I"m not sure you can get it any other way and tax season is 6 months from now. However, once you get your EAD you can go get an SSN. It only takes about 90 days. If you need it faster, I'm not sure you can. On a side note I suggest not leaving the USA until your green card is in hand.

[Headingbackhome 0]

You're not an immigrant and legally you have zero status in the USA. You are there illegally until you file the I-485. Not sure if you can get an ITIN but then again you aren't an immigrant or entitled to an ITIN. However to get an ITIN you need to wait until tax season and your husband files a w7 with his taxes requesting an ITIN for you. I"m not sure you can get it any other way and tax season is 6 months from now. However, once you get your EAD you can go get an SSN. It only takes about 90 days. If you need it faster, I'm not sure you can. On a side note I suggest not leaving the USA until your green card is in hand.

You jarred my memory and you are correct. I requested an ITIN for my wife the 1st time I included her on my 1040 return.

[C.Web 0]

Thank you all for your replies. I will send out my I-485 abd just wait until I get my greencard.

[NikLR 13,220]

Not sure if you can get an ITIN but then again you aren't an immigrant or entitled to an ITIN.

Meant to say not entitled to an SSN