EstambulPR

As I posted yesterday, my wife got her EAD approval in 30 days (2/26-3/28). We "lost"" two weeks due to an Affidavit of Support RFE (USCIS allegedly stops processing until the RFE gets resolved?), so technically, she got approved in two weeks. Her SSN card arrived last week, about 3 weeks after filing.

NO! I would not do that to you guys.🤪

I wanted to share this for those of you that have been asking "how long until x...". Our AOS package had a priority date of 2/22/24 and we received an RFE a few days later, on 2/29. I sent the RFE response (an entirely new Affidavit of Support package) on 3/12 and afterwards checked the online account for updates on a daily basis. Even this afternoon (4/1) I checked and it only changed the status of step 2 (biometrics) as completed for the I-765 EAD and the I-485, but not for the I-131 AP application, but nothing showed "complete." Also, the estimated time for EAD completion was at 2 weeks, which has been the same since 3 weeks ago. Well, TODAY 4/1, USPS dropped an envelope from the NBC with a I-797 approving the EAD. All in under a month -with the RFE delay. I must say I am impressed. Technically, USCIS approved my wife's EAD in TWO weeks since they had to wait for my RFE response for the remainder two weeks to continue the process. WOW. Anyway, keep up the hope. Cheers. Saludos. çok Yaşa.

Nope. B2 to AOS.

Awesome!~ It saves me the trip to the IRS office to file for ITIN and having to send the state and federal taxes via mail.

Makes sense. But is it a permanent number assigned to her that can we use that use it for filing taxes? I can't' submit the 1040 without SSN or ITIN. Will she keep the same SSN after the AOS/Green Card process finishes? Thanks!

All, We sent the AOS package for my wife on 2/22 and got a 2/26 NOA. On 2/29 NBC MO sent Affidavit it of Support RFE, which I replied to on 3/12 via paper mail. I have been checking the USCIS page for updates and the EAD estimates have been consistent at 2-3 weeks. Well, yesterday afternoon the mailman dropped off my wife's SSA card (with the DHS work restriction of course). But the USCIS website still showed "in progress." What gives? Does SSA gets automatically notified when we submit package (or gets approved) and issue a card?

Hmmm...seems SSA did away with the requirement for stepchild and step-parent to be living together, and 20 CFR 404.460 already exempts residents of listed countries from the 5-year USA residency requirement. I could not find anywhere saying that the stepchild would NOT qualify unless they were living together for any amount of time; only that the step-parent provides one-half support. And, the stepchild lived together with me for one year but in Istanbul. let's see what they say when I go there. I think this will be a fun visit to the SSA. They do not like resistance. https://www.federalregister.gov/d/2010-21341/p-33 "...The CAAA specifically provided that living with a stepparent would no longer be a basis for finding a stepchild dependent on a stepparent. Now, we consider a stepchild to be dependent on a stepparent only if the stepchild is receiving at least one-half support from the stepparent. The one-half support requirement existed prior to the CAAA and is not a new requirement."

Got it. I see now. She is not adopted but a stepchild but it seems rules are similar?

THANKS!

Thanks for your response. I only have one child currently drawing auxiliary dependent benefits from by SSDI, so I have room. Yeah I read the pamphlet, but does not even scratches the surface of the applicable law. At any rate, Turkiye is not one of the listed Treaty Countries, but it is on the list of Social Security Agreement countries on 20 CFR 404.463(a)(7). Here is what I mean: When nonpayment provisions do not apply. The provisions described in paragraph (a) of this section do not apply, subject to the limitations in paragraph (c) of this section, to a benefit for any month if: ------ (ii) Except that, effective with July 1968, § 404.460(b)(2)(i) does not apply if: (A) The beneficiary is a citizen of a country with a social insurance or pension system meeting the conditions described in paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet the condition described in paragraph (b)(7)(iv) of this section; or https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7) List of countries which meet the social insurance or pension system exception in section 202(t)(2) of the act. The following countries have been found to have in effect a social insurance or pension system which meets the requirements of section 202(t)(2) of the Act. Unless otherwise specified, each country meets such requirements effective January 1957. The effect of these findings is that beneficiaries who are citizens of such countries and not citizens of the United States may be paid benefits regardless of the duration of their absence from the United States unless for months beginning after June 1968 they are residing in a country to which payments to individuals are being withheld by the Treasury Department pursuant to the first section of the Act of October 9, 1940 (31 U.S.C. 123). https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7) 20 CFR 404.463(a)(7) Antigua and Barbuda (effective November 1981) Argentina (effective July 1968) Austria (except from January 1958 through June 1961) ..... Turkey United Kingdom ....

All, Has anyone ever attempted to secure Social Security Disability Insurance (SSDI) Auxiliary or Derivative Child Benefits for a family member abroad? Now, before some have the automatic "no one can receive SS benefits while overseas" response, there are official SSA rules (Policy Manual for Medicare and Social Security - POMS) and plenty of US law (20 CFR 404.460) addressing Nonpayment of Aliens exceptions and eligibility. Her country (Turkiye) is specifically listed under the "Social Security countries" i.e., treaty countries, and as such, not subject to the rules mandating that child and SSDI beneficiary live together in same household for five years before applying for benefits, or the requirement that both parents (step parent and biological parent) live together in same household in the USA for five years before applying. I provide half her support by sending money to her mother's bank in country which she has access to, so that's easy to prove. Again, I only wanted to see if anyone has tried before going to over the local Social Security Administration office and deal with them. Thanks!

Hello all, My stepchild (IR-2 immigrant) is 16 now and has one more year of HS after this one. She will graduate in July 2025, a few days before turning 18. We are praying that she finishes the IR-2 process so she can be on the ground in USA before the Fall semester 2025. Maybe others with similar situation can help me with these questions: College Applications: As I understand, she will have to take at least the TOEFL or IELTS. I also know many schools do not require SAT scores to apply. Since she will most likely enroll in a community college the first two years, she will probably not need it. She knows some English but I do not believe is anywhere near the level needed to pass the SAT. Can anyone chime in? Since application for colleges start one year prior, and she will still be abroad, does she have to apply as a foreign student? I ask because: a. there are quotas for the number of foreign students a school can have; b. tuition is waaayy more expensive for foreign students; and, c. she will be using my VA education benefits (she is already registered as my dependent) so I don't know if there is a conflict. Of course, once she comes with her IR-2 GC, she's be an LPR; maybe the college will allow her to change designation to "US Person/in-state student" once she produces proof of status? Repeating 12th grade: I was pondering whether we should make her repeat senior year once she gets here, so she can be better prepared in all the important subjects (Math, Science, English, etc.) Is that doable? I guess I'll have to contact the county school system and inquire. But I am not sure they'll allow it since she will have already graduated from HS in her country. If anyone can chime in, I would greatly appreciate it. Thank you.