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Everything posted by K1visaHopeful
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K1visaHopeful replied to Clarevalley's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
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So I can tell you the stats one more time that it's rare the SSA knows much about K1s or you can believe and tell others with confidence that you did NOT have a unique and extremely unusual experience and what happened for you WILL happen for everyone OR you can use the search bar for yourself and see the recommendations from others who have been also advising for years and see that it's rare for what happened in your situation to happen for others. Up to you, but I won't agree with you and mislead the OP into thinking they have a good chance it will happen for them that way because it's not common at all.
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Nope. I didn't miss it at all. If you scroll up and read carefully, you'll see I tagged the OP and said that that was the correct procedure to go BEFORE marriage and apply in the maiden name. This post has been going on for a VERY long time and only confusing the OP further. My comment again, FOR THE OP as that's who I tagged, was about it being EXTREMELY RARE to receive a MARRIED name SSN after marriage if you go back LIKE YOU did. It NEVER happens. They never approve it. We can't give him as much hope as you've extended. Following the VJ SSN guide is the recommended way to go. Reading and following it is much easier than arguing about it every time a "new" question about SSNs is posted. Correct. My issue was with the term "official name change document" being used incorrectly.
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How would it be quicker if it didn't "ever" happen that way? The above guy got extremely lucky. You've got a less than one percent chance that the idiot you encounter at SSA knows anything about K1s and their eligibility for an SSN nevermind what name to issue it in or to believe they are even eligible for one AT ALL. PLEASE read the guides on SSNs which explains all of this in full (if my several explanations are not good enough for you). The procedure is very straight forward if you'd just follow it and not try to understand why SSA is incompetent and there is nothing we can do about it.
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@SP1988 That is the procedure for before marriage. No problem at all: It's rare for SSA to issue a married name SSN after K1 marriage. That's why we always recommend the procedure we've been telling you @SP1988 for a few weeks. This occursance above happens maybe in about 1 out of 500 tries which is why we never recommend to go to SSA after marriage and apply in the married name and always recommend to go before marriage and apply in the maiden name only. *The official name change document is the MC not the SSN. Official name change documents are MCs, DDs, adoption papers or legal name change documents through the court system, etc. The SSN is only a personally identifying document with the name changed. It's not a legal name change document. Kind of but it's your wife's name now too not yours. Maiden name and married name is how you'll need to learn it by in order to understand the forms she'll need to fill out for the next 7 years. Learning it now will be helpful to avoid confusion later. No!! Not after marriage and not in the married name. That's what the I765 and I485 forms are for. Has she attempted to read the VJ guides about SSNs yet or join the monthly AOS filers thread so she can learn some basics about her process?
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SD not eligible for SSN until after EAD or GC approval. Write N/A. Don't leave anything blank as instructions state. Again K2 is not eligible for SSN at this time. That's as much as I will answer here as the topic of the thread is SSNs. Changing the topic of posts is called high jacking and not acceptable.
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Any. Why? (Read for the long run, it will make sense in the end)... Because the original sponsor must file taxes for the three most previous years or be exempt from filing in order to be a qualifying sponsor. As the instructions state, if he didnt file and had to, he has to file before he will qualify OR he has to be exempt from filing (and explain in a statement) for ANY of the most recent 3 years before he will qualify. He will still be your sponsor regardless if he meets the financial poverty guidelines or not. Not filing taxes when required to cannot be overcome by you or an additional sponsor. So because he didnt file for at least one of the previous three years AND was not required to he needs to explain why and check that he was not required to file for at least one of the three most previous years.
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That's the correct protocol SSA has to follow. Her Passport is the only document they can copy the name from as a K1. That's correct. Why? Because SHE input her name on the AOS forms how she wishes to be known as after marriage. MC you cannot change (again, Court can only issue Marriage Licence in current immigration document which was passport however the MC shows she can use any name listed on it as her own after marriage) BUT you should have applied for a REPLACEMENT SSN card on I765 (to receive a RESTRICTED card once I765 is approved) AND you should have applied for another REPLACEMENT SSN card on I485 (to receive an UNRESTRICTED card once I485 is approved). Did you not apply for replacement cards on both forms? Yes? They will come automatically then after 2 weeks. Do not go in person. No? You'll have to go to SSA in person after both approvals due to the error on the forms. You must have a SSN card in the correct name to match your current immigration document. Your goal is an unrestricted card but at this time, without GC approved, you are only eligible for an unrestricted card but in her married name.
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I765, I131 and I485 are parallel processes. That means that if you get an RFE for one of then, all of them pause until the RFE is satisfied. Being approved for EAD has no relevance to being approved for AOS. They aren't even adjudicated at the same place unless IOE and if you're Mother of Mary Magdalena, you'll might have the same adjudicator. I don't follow the road you are going down though. Maybe reword it if I haven't answered it. Sounds like you are trying to connect dots that's aren't there though? I'm not sure.
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Your EAD card states your filing category of C9 which confirms your pending AOS application. I do recommend carrying a photocopy of your I485 Noa1 with your DL/State ID like you have been since filing incase whomever doesn't know what C9 means. Your passport would only prove you entered the US as a K1. It would not prove you married or filed AOS. Why confuse anyone?
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Thinking that is your mistake. CURRENT income is paramount, the totality of the financial situation is what they look at secondary. That's why the box on the form in Q8 is called Current income and not the amount from your tax return. You INPUT Tax reported amounts for all three years only in 24a,b,c. PROOF of it is only required for the most current year. Read the instructions carefully for those VERY different sections. The tax return is not a high value as per current income. That's why as the instructions state you can provide other evidences of current income.