katiekat

Hey All,

Well, we're finally together, home from our honeymoon and working on the AOS headache and I have a bunch of paranoid form questions to ask.

1. On the Social Security form, question 5 asks you to pick which of the following apply:

US Citizen (def. not)
Legal Alien Allowed to Work
Legal Alien not Allowed to Work
Other

I've always been a bit confused on this point as he's here on a K-1 visa but isn't allowed to work as far as I know but he IS supposed to be able to get a social security number from what I've read in a few posts... Which box gets checked?

2. On form I-485, PART 3, it asks for the nonimmigrant visa number... does he have one and where on his visa is it?

3. What is his immigration status? There are three or four places on different forms where that is asked. He's obviously not a student or a visitor... I'm completely stumped on what to put there.

Thanks you guys.

Katie

Noorah101

The SS application is not part of the AOS forms, but to answer your question, he's a "legal alient allowed to work".

Yes, he has one. It's on his visa. You can either use the red number or the black number printed on the visa. One says "control number". That's the one we used and it was not an issue. You're providing a photocopy of the visa anyway, so USCIS can take a look at it themselves.

How about "K-1"? USCIS will understand what that means.

Rene

jeffreyhy

1. As long as he's still within the 90-day period of stay in K1 status he's a legal alien allowed to work. He just doesn't have an EA card to show for it, but the SSA, unlike employers, doesn't need to see an EA card.

2. There are 2 numbers on the visa that he could chose from, a Control Number and a 'big red number. Either will do.

3. His immigration status is K1. For 90 days.

Noorah101

Just to expand on JEff's comment, he can apply for a SSN within his first 76 days in the USA without an EAD. After 76 days SSA will require him to have an EAD before they'll accept his SSN application.

Rene

ian-mstm

Just to expand on Rene's comment (), for SSA purposes, he should not mention that he is now married. Some offices believe that marriage invalidates the K-1 status which, of course, it doesn't... but they don't seem to understand that.

Ian

jeffreyhy

Good expansions by Rene and Ian.

katiekat

Thanks for all the help everyone. We got his social security card ordered today without any hassle. Now we just have to wait for that before tackling drivers license stuff.

His AOS packet is nearly finished too, just waiting for my parents to do the I-864 and then we'll be ready to shoot that out the door as well.

Katie

katiekat

Okay, here's another question for something that I am completely and utterly confused on.

My Dad is the Joint Sponser for my husbands AOS. He and my mother file their taxes jointly but my mother has no income... Does she need to fill anything out? I find the whole discussion about the I-864/A thing to be very confusing so any help would be seriously appreciated.

Thanks!

Katie

ljaw2002uk

As far as I remember, as your Dad is the sponsor he fills out the form, he lists your mother as one of the number of dependents on the form. Unless you need additional income to meet the poverty guidelines, then her income is irrelevant.

You will need an I-864 for the immigrant even if they have no income, and an I-864a for your father.

Noorah101

Your mother will be included in Dad's household size, but she does not have to do an I-864A because she's not contributing any income. I-864A is for a "contributing household member", to use their income on the I-864. Since she's not doing that, no I-864A is necessary.

Rene

Noorah101

This is correct except that "Dad is the sponsor" should read "Dad is the Joint Sponsor".

It's true that the USC spouse needs to do an I-864 even if they have no income. But in the OP's case, they are using Dad as a Joint Sponsor, not a contributing household member, so no I-864A is needed. Dad will fill out a separate I-864 of his own.

Rene

ljaw2002uk

Thanks Rene.

In our experience we were residing with my FIL, hence the I-864 for my wife and the I-864a for FIL.

It's easy to forget that everyone's case is different!

katiekat

In our case, though we reside in the same house, my husband and I are our own household. I pay rent, buy my own food, etc.

Thanks for the clear up! That's a huge relief to have it spelled out.

jeffreyhy

You may pay rent and maintain separate finances, but the simple fact that you live in the same house with your father enables him to be used as a household member if:
1. you and he think it suits you better, or
2. if the adjudicating officer thinks that it should be done that way.

So, consider putting together a package for each way, submit the package that's the way you want it, and have the other package ready in case the officer wants it the other way.

In either case, since your parents file a joint tax return include a clear, easy to understand, demonstration of what income is your fathers and what income is your mothers. Otherwise, your mother may be required to do an I-864A with one or the other of you and your father.

Regards, JEff

katiekat

Le Sigh... Everything seems to get so complicated lol.

I'm confused again with that. Rene said that my mom DOESN'T need to fill out an I-864A because she makes no income.

And I have no idea if we can add my father as a member of my household because of Social Security... They consider me to be my own household, I'm on Disability and SSI and I can see a whole slew of issues arising if all of a sudden my father's income becomes part of my own because he's offering to support my husband financially should he at some point become a burden on the union.

Maybe the best bet is to just send one I-864 for me and one for my father and then hope that they don't decide to do something strange and consider my father to be a part of my household... or... whatever?