AOS from Tourist Visa - not filed yet - can she get a non-work SSN?

[Transborderwife 4,666]

As for what are the chances? Impossible to say. Somebody out of status is out of status. Period. If no AOS has been started she's not much different than the Mexican that you referred to.

[maxxnys 0]

I did a little research on ICE and found out they have official policies and priorities in place that quite clearly state some interesting direction to ICE officers.

I promise the following is worth a read for those worried about deportation:

https://www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf

In a nutshell it states that ICE only has resources to remove 4% of those that should be removed by the letter of the immigration law. For this reason the focus is on criminal and gregarious immigration law offenders.

A housewife recently married to a US citizen should not be deported for a traffic ticket. It even addresses this situation in the following memorandum from the director of ICE, so I guess he recognizes the injustice of this practice.

Excerpt from the bottom of page 2:

"4 Some misdemeanors are relatively minor and do not warrant the same degree of focus as others. ICE agents and
officers should exercise particular discretion when dealing with minor traffic offenses such as driving without a
license."

I printed a copy of this and will use it in the unfortunate event we have troubles.

[Umka36 781]

Why would one even put their wife/husband in this situation? Just borrow the money. Personally my #1 priority is to give me spouse legal status, so they can fully participate in our society.

[Boiler 43,501]

Can not imagine your State allows new residents that long before they need a US license.

[Transborderwife 4,666]

Perhaps you should be aware of this:

When a police officer requests your driver's license and you either don't have it on you, you forget at home or its expired, you can be cited as an unlicensed driver. An unlicensed driver is considered a violation and not a crime. The penalty includes a fine up of to $300 and potentially up to 30 days in jail.

If you allow another person to operate a vehicle knowing that he has a suspended or revoked license, you are guilty of facilitating an aggravate unlicensed operation. This is considered a violation if the driver's license was suspended in the third degree and punishable by a fine of $500 and a jail sentence of 15 days. If the driver's license was suspended in the second degree, the offense is a misdemeanor carrying a potential penalty of a year in jail and a fine.

[Transborderwife 4,666]

FYI:

To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a NYS driver license or vehicle registration.

If I am visiting NYS from another country do I need a NYS driver license?

If you have a driver license from any nation except Canada, you should only apply for a NYS driver license if you become a resident of New York State or if you do not have a driver license from your home country.

To get a NYS driver license, you must pass a written test, complete a 5-hour pre-licensing course and pass a road test to qualify for a NYS driver license. See Get a driver license for requirements.

When you pass your road test, you will be required to surrender your foreign driver license to the DMV road test examiner. The local DMV office will destroy your foreign driver license after 60 days. If you plan to return to your home country and will need your foreign driver license, ask the road test examiner how to make sure that your foreign driver license is not destroyed.

[maxxnys 0]

Why would one even put their wife/husband in this situation? Just borrow the money. Personally my #1 priority is to give me spouse legal status, so they can fully participate in our society.

Yes that is my number one priority hence the reason I came here to ask questions on the requirements and best way to go about it.

We finally get some original documents and some other important items from Ukraine Monday according to FedEx. It was not possible to do anything about these things without documents anyway. (We were able to use her passport and a copy of her BC for the marriage license.)

We did not plan to get married and have her immigrate when she came to visit me. This has taken us off guard financially and it seems every week there is a new emergency that we have to pay for and we have had trouble catching up. There were some major hits to my income recently which is uncharacteristic of my life but again it seems financially things are really tight.

For others about the drivers license legality: She has a valid drivers license and that is something we are working on as well to get a state license. I gave the reference about the ICE to show that they have written priorities that clearly state that the average person that is a family member of a USC and not a criminal should not be targeted for deportation for traffic violations. If you read the document you would understand my point.

For all:

Yes I am working on moving a few things around financially now that I have received input here. I'll come up with the money some way.

[Leo7777 243]

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

Not trying to be a trouble maker here; but . . .

1) Your then GF came (when was this ?) on a tourist visa when you both were supposed to be NOT planning for her to stay and marry you.

2) You became a member here in April 2014.

[Leo7777 243]

For this reason the focus is on criminal and gregarious immigration law offenders.

Holy cow !! Why are they targeting these latter congenial types ?

[maxxnys 0]

Not trying to be a trouble maker here; but . . .

1) Your then GF came (when was this ?) on a tourist visa when you both were supposed to be NOT planning for her to stay and marry you.

2) You became a member here in April 2014.

I think no matter how I respond it will only provoke more questioning of the genuineness of our situation. Defending ourselves here will only frustrate me.

[maxxnys 0]

Holy cow !! Why are they targeting these latter congenial types ?

Yes I made a mistake with the wrong word. I cannot find the word that was used on some ICE site describing someone that continually violates immigration law... So I made a boo-boo with the wrong word. Or maybe ICE did?

In any case I think this thread has ran its course.

I would like to thank those that contributed useable input. Today I moved some things around financially and we should be fine and legal in time.

See Y'all on the next thread!

[CoTL 2]

My Visitor Visa expired in 2007. We've just started the AOS process. I've not been able to get a SSN, but an ITIN is possible just for tax purposes. I cannot get a drivers license in this state, though limited other states allow it.

As for being apprehended by ICE, there isn't "much" chance of being deported. Without committing crimes, your wife just isn't a priority for them. As you seem to be considering, AOS is the best option. We're at about $1,750 with all filing fees and civil surgeon.

[Leo7777 243]

Yes I made a mistake with the wrong word. I cannot find the word that was used on some ICE site describing someone that continually violates immigration law... So I made a boo-boo with the wrong word. Or maybe ICE did?

egregious.

Sorry Maxx, couldn't resist it ! Sometimes my humor (or silliness) gets the best of me.

[UnaMexicana 153]

CE agents and officers should exercise particular discretion - I would personally never ever would like to be in a situation where I am at the discretion of an ICE officer. Regardless of my nationality or criminal history. But then, thats just me.

[maxxnys 0]

Approved already... See signature and timeline. No problems at all.