I-485 Question

[wwgeo]

Ok, filed the I-129 form.  Got the fiancee visa.  Got married within 90 days of arriving in the USA.

Now we file the I-485.  What is my wifes' legal status in the USA, since her fiancee visa expired and the INS says it will take 540 days to make a decision on the Request to Adjust Status?

Also, it is possible to obtain a Social Security number without obtaining a Work Permit since we are married and I need to file a tax return?  If so, how do you do this?

[cherokee]

... in response to I-485 Question, posted by wwgeo on Jan 10, 2002

We went to our local SS office as soon as we got married and applied for my wife SS# and all they wanted was our marriage license, birth certificate(translated) and her passport with the visa and I-94 in it. No problem at all. As for filing I-485, We did it in Pitt.PA local INS office after she already had her SS#, it took us 40 minutes for work permit, advanced parole and we got our interview date on the spot. So depending where you file can make a difference in the time it takes to get everything accomplished.
Good luck!

[Stevo]

... in response to I-485 Question, posted by wwgeo on Jan 10, 2002

ggg

[apk]

... in response to I-485 Question, posted by wwgeo on Jan 10, 2002

You need to send in your I-485 packet along with the appropriate fees, or the preferred method is to go file in person (be prepared for long lines and an all day ordeal).You should request her EAD card, once you have that you are set for everything else...SSN, DMV, bank accounts, work etc.

I tried to circumvent the OAS process to get her a SSN, but they sent us home telling us they need the EAD card from INS.

I guess it is possible to get a temporary SSN during the 90 day I-94 window, but after that you need to deal directly with INS.

[Bob S.]

... in response to I-485 Question, posted by wwgeo on Jan 10, 2002

Her status is "pending adjustment", a sort of legal limbo.  Since you married within the time frame, she is legal here, but without her green card yet she cannot leave the country w/o requesting a travel document (conditional parole).  If she applied for a work permit at the same time, it should only take a couple of months before she is called in to get her finger prints and work permit, even though the AOS may take about 8 months (seems to be average from others in my area I've talked to).

Can you put off filing your taxes another couple of months?  You should be able to get her work permit and SSN before April if everything is filed correctly.