INS/STATUS CHANGE

[f12phantom]

This past August 14th I got married to a woman from Kiev who had obtained a fiancee-visa last December 3rd in Poland. This provided us with a six month window till June 3rd for her to come here to Boston. She arrived on May 23rd from which we had ninety-days till August 23rd to get married or else she would have to return. Hence, our marriage on August 14th. Yesterday, August 21rst, we went to the INS office in Boston with our marriage certificate and her visa containing the I-94 (ARRIVAL) document in hand. We were told by the INS that we had to submit an I-485 and all its supporting documents (of which there are atleast 15) by Friday, August 23rd or else that she would have to return to Kiev. We were under the impression all one had to do during this 90-day window for a fiancee-visa was to get married. True? That we could do the I-485 adjustment of status anytime following after the marriage.

The INS officer took all her documents at Logan airport when she arrived on May 23rd that she had brought from the consulate in Poland and never gave her a working document which would have given her a temporary SSN for the 90-days. Now its too late. Anyone know how she can get an SSN. Again, we thought when we presented the INS officer yesterday with the marriage certificate that he would record the marriage to legitimize her stay and then issue her either an SSN or atleast an ALIEN-REGISTRATION number.

Anyone have any advice??  

THX!

[davet]

... in response to INS/STATUS CHANGE, posted by f12phantom on Aug 22, 2002

The information concerning the filing of the I-485 by the k-1 expiration date is completely contary to all that has been written on the subject on various message boards, web sites, etc.

For piece of mind, I would call the INS Service Center (1-800-375 5283 -- be prepared for a 10-25 minute hold time) and/or visit the web site (http://www.ins.usdoj.gov) and see what they had to say on the subject.

[davet]

... in response to INS/STATUS CHANGE, posted by f12phantom on Aug 22, 2002

Her alien registration number is on the K-1 approval form from the INS.  It is also written in her passport on the visa page on or near the I-94 card they staple in her passport.  That's all the paperwork the INS/port of entry people usually give anyone.  Sometimes people get a temp EAD stamp though.

[davet]

... in response to INS/STATUS CHANGE, posted by f12phantom on Aug 22, 2002

I don't know what a temp. SSN is.  You obtain the SSN from the local Social Security Office -- not the INS.  The paperwork application and requirement for the SSN are on the SSN web site.  A passport ID plus the marriage cert are some of the requirements.  Plus a valid visa -- yours is good until Aug 23.  After Aug 23, your case is officially pending decision of the US Attorney General based on your I-485 application.  However the SS agency doesn't want to mess with that so they usually will not issue a SSN after your k-1 visa has expired.  Upon submitting the application to the SSN -- usually in person -- it takes about 10 days to receive the card in the mail.

[tfcrew]

... in response to Re: INS/STATUS CHANGE, posted by davet on Aug 22, 2002

Before Svetlana had been processed for her green card and received her work authorization thus her SSN#, I wished to file and claim her on our 2000 income tax returns. So we stopped by the Dallas IRS office and submitted for what amounts to a temp SSN.
I looked for that form a couple of minutes ago and couldn't find it.  
Karl

[davet]

... in response to IRS (not INS or SSA)  issues this tempor..., posted by tfcrew on Aug 22, 2002

What is ITIN?
An ITIN, or IRS Individual Taxpayer Identification Number, is a tax processing number. An ITIN is issued by the U.S. Internal Revenue Service (IRS) to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) issued by the Social Security Administration (SSA). An ITIN is a 9-digit number, beginning with the number "9", formatted like a SSN (NNN-NN- NNN). The temporary IRS Number previously assigned is no longer valid.

What is the purpose of an ITIN?
The ITIN is for tax purposes only. The issuance of an ITIN does not:

entitle the recipient to Social Security benefits or the Earned Income Tax Credit (EITC);
create an inference regarding the individual's immigration status;
give the individual the right to work in the U.S. Any individual who is eligible to be legally employed in the U.S. must have a SSN.

When completing the tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ), the individual will enter their ITIN in the space for the SSN.

[davet]

... in response to IRS (not INS or SSA)  issues this tempor..., posted by tfcrew on Aug 22, 2002

It's a Individual Taxpaper Indentification Number (ITIN).  Allows filing of income tax, etc but it is not a substitute for the SSN.  Since the SSN is what you really want (for employment, driver's licenses, etc) and it's fairly easy to get (before the expiration of the K-1 visa that is), then use the time to get it rather than the ITIN.  IMHO

[tfcrew]

... in response to Re: IRS (not INS or SSA)  issues this te..., posted by davet on Aug 22, 2002

We never used this ITIN #. Svetlana got her SSN before that IRS # ever dragged in. (Took a month and a half as I recall).

[Stevo]

... in response to INS/STATUS CHANGE, posted by f12phantom on Aug 22, 2002

Your wife isn't going anywhere.  Just go back home, and get the I485 filled out and filed with the INS.  At the same time, file an application for her EAD card (work authorization) and an Advance Parole if you think she may want to leave the USA before getting her green card.

The EAD (and AP) will be approved well before the I485, and with the EAD she can get an SSN.

I sent in the I485 for my wife and all the stuff was lost by the VSC (should have sent it to the local office having jurisdiction instead).  It took almost 3 months to find out that it was lost and then I sent in new paperwork to the local INS office.  So as far as the INS was concerned, I was 3 months 'late' in filing....no one cared one bit.

Stevo

[snowwego]

... in response to Don't get yourself all worked up..., posted by Stevo on Aug 22, 2002

popular thing that vsc loses documents. they have lost four to five things of mine. thje receipt notice, my girls divorce paper, my photos, and now the approval document. they sent me a new document yesterday. they are Quicker but, careless

[snowwego]

... in response to INS/STATUS CHANGE, posted by f12phantom on Aug 22, 2002

try contacting your congressman