Former Lurker - Question About SSN
Dec 19th 2002, 1:57 pm
#1
unDAUNTEd
Thread Starter
Joined: Dec 2002
Location: Minnesota, USA
Posts: 256
Former Lurker - Question About SSN
Morning All...
I've been lurking for months, finally decided to join and post. I have a question regarding social security numbers. For a bit of background...my husband is British, I am a USC. We met on the internet a year ago, he made his first visit here in July on the VWP. After being together for a month face to face, we both realized we wanted to marry. We made small, subtle arrangements, got hitched, started the paperwork.
In my defense I must say that even though I always knew we would be married someday, he did NOT come here with the intention of marrying me. We know that is illegal. But it's done now...and I'm pregnant
...and all we want to do is the right and legal thing. My spouse has not worked, has filed all the paperwork, etc. etc. We want the INS to know we're serious. Anyway...
I have tried to research this the best I can. I've read everything, bought books, called the INS, etc. etc. I've made some mistakes, but they were honest ones...not trying to screw the system. My question is this...before my husband's VW expired I called the INS and asked them what I needed to file and where/how I should file it. They told me what and where and said I could mail it. I mailed it, certified, before the VW expired.
A few days AFTER the VW expired I got the entire packet back in the mail explaining that we had to come down in person to file for EAD (were not told that previously) and that we were missing one thing (were not told we needed it). OK, so scramble scramble, get everything together, go down to INS, spend 8 hours waiting, submit everything again. Get receipt that paperwork is received and file is up for review in March 03. Husband is given EAD card. Hooray.
But being a chronic worrier, I am...worried. We submitted all the paperwork the first time before the VW expired, but since they didn't accept it, the only date I really have for proof is a date that happened a week AFTER his VW expired. Are we in trouble now? Will he be able to get his SSN? Is this going to come back and haunt us?
He applied for SSN, told to wait the standard 60 days while the verify with INS and so we are waiting. What are our chances that we will actually receive a SSN for him and that we won't be in massive trouble for filing all this stuff after his VW expired.
Any and all advice is appreciated. Thanks for listening...
Angela
I've been lurking for months, finally decided to join and post. I have a question regarding social security numbers. For a bit of background...my husband is British, I am a USC. We met on the internet a year ago, he made his first visit here in July on the VWP. After being together for a month face to face, we both realized we wanted to marry. We made small, subtle arrangements, got hitched, started the paperwork.
In my defense I must say that even though I always knew we would be married someday, he did NOT come here with the intention of marrying me. We know that is illegal. But it's done now...and I'm pregnant
...and all we want to do is the right and legal thing. My spouse has not worked, has filed all the paperwork, etc. etc. We want the INS to know we're serious. Anyway...I have tried to research this the best I can. I've read everything, bought books, called the INS, etc. etc. I've made some mistakes, but they were honest ones...not trying to screw the system. My question is this...before my husband's VW expired I called the INS and asked them what I needed to file and where/how I should file it. They told me what and where and said I could mail it. I mailed it, certified, before the VW expired.
A few days AFTER the VW expired I got the entire packet back in the mail explaining that we had to come down in person to file for EAD (were not told that previously) and that we were missing one thing (were not told we needed it). OK, so scramble scramble, get everything together, go down to INS, spend 8 hours waiting, submit everything again. Get receipt that paperwork is received and file is up for review in March 03. Husband is given EAD card. Hooray.
But being a chronic worrier, I am...worried. We submitted all the paperwork the first time before the VW expired, but since they didn't accept it, the only date I really have for proof is a date that happened a week AFTER his VW expired. Are we in trouble now? Will he be able to get his SSN? Is this going to come back and haunt us?
He applied for SSN, told to wait the standard 60 days while the verify with INS and so we are waiting. What are our chances that we will actually receive a SSN for him and that we won't be in massive trouble for filing all this stuff after his VW expired.
Any and all advice is appreciated. Thanks for listening...
Angela
Dec 19th 2002, 4:56 pm
#2
Forum Regular
Joined: Mar 2001
Location: Dallas, TX
Posts: 276
Angela,
I think you guys will be fine. An overstay of a week is not a big deal - ok, if he was still travelling back and forth then he wouldn't be able to use the VWP and would have to apply for a visitor's visa, but obviously that isn't the case.
Best of luck with everything!
-Harry
I think you guys will be fine. An overstay of a week is not a big deal - ok, if he was still travelling back and forth then he wouldn't be able to use the VWP and would have to apply for a visitor's visa, but obviously that isn't the case.
Best of luck with everything!
-Harry
Dec 19th 2002, 5:20 pm
#3
unDAUNTEd
Thread Starter
Joined: Dec 2002
Location: Minnesota, USA
Posts: 256
Thanks for your thoughts Harry. I appreciate it! 
Dec 19th 2002, 9:59 pm
#4
Forum Regular
Joined: Dec 2002
Posts: 55
Re: Former Lurker - Question About SSN
Hi Angela
You are ABSOLUTELY FINE.
Let me explain - the regulations state that you should not enter the US with the intention to marry - the INS have a K visa (fiance) visa for those who wish to enter the US to marry their partner. They do however recognise that a partner will enter, realize they dont want to be apart and marry - it happens all the time. Every day I am sure.
In this circumstance the INS require that you DID NOT intend to marry when you entered and so will ask you to confirm this at your adjustment of status interview.....in simple question form.
The reason why the paperwork will have been rejected and you were asked to come into a Field office is because your partner entered under the VW and not through a valid Visa, ideally a K-1.
The reason why it is always better to file in person in this situation is that you can ensure that record of your overstay is noted, filed and forgiven as soon as possible. You can breathe easy (or easier) and the rest of the process is as if you did things the right way!
You have now done this and the EA has been approved, the SSN WILL arrive maybe it will take longer than you expect or have been told but there is no reason for alarm. By giving your partner the EA and accepting the paperwork (which they have done because you left it with them) everything is in order.
The next step is your interview - focus on that - its a breeze by the way.
Red
You are ABSOLUTELY FINE.
Let me explain - the regulations state that you should not enter the US with the intention to marry - the INS have a K visa (fiance) visa for those who wish to enter the US to marry their partner. They do however recognise that a partner will enter, realize they dont want to be apart and marry - it happens all the time. Every day I am sure.
In this circumstance the INS require that you DID NOT intend to marry when you entered and so will ask you to confirm this at your adjustment of status interview.....in simple question form.
The reason why the paperwork will have been rejected and you were asked to come into a Field office is because your partner entered under the VW and not through a valid Visa, ideally a K-1.
The reason why it is always better to file in person in this situation is that you can ensure that record of your overstay is noted, filed and forgiven as soon as possible. You can breathe easy (or easier) and the rest of the process is as if you did things the right way!
You have now done this and the EA has been approved, the SSN WILL arrive maybe it will take longer than you expect or have been told but there is no reason for alarm. By giving your partner the EA and accepting the paperwork (which they have done because you left it with them) everything is in order.
The next step is your interview - focus on that - its a breeze by the way.
Red
Dec 19th 2002, 11:20 pm
#5
Guest
Posts: n/a
Re: Former Lurker - Question About SSN
NorthSouth wrote:
> You have now done this and the EA has been approved, the SSN WILL arrive
> maybe it will take longer than you expect or have been told but there is
> no reason for alarm. By giving your partner the EA and accepting the
> paperwork (which they have done because you left it with them)
> everything is in order.
Hi All!
Whether SSA issues the SSN or not will depend if INS says he is authorized
to work or not and if his status has expired. Like on a K-1, if INS says
the person is work authorized, but the response comes back after the 76th
day after entry, you are SOL until your AOS is approved. Since SSA won't
process an application when the person is within 14 days of being out of
status. SSA's logic is the person will be out of status by the time the SSN
card arrives.
It is supposed to take 20 business days (basically a month) to get a
response from INS. After 20 days call 1-800-772-1213. If no SSN has been
issued, go back to the office and ask them to follow up with INS.
Take care,
Mike
> You have now done this and the EA has been approved, the SSN WILL arrive
> maybe it will take longer than you expect or have been told but there is
> no reason for alarm. By giving your partner the EA and accepting the
> paperwork (which they have done because you left it with them)
> everything is in order.
Hi All!
Whether SSA issues the SSN or not will depend if INS says he is authorized
to work or not and if his status has expired. Like on a K-1, if INS says
the person is work authorized, but the response comes back after the 76th
day after entry, you are SOL until your AOS is approved. Since SSA won't
process an application when the person is within 14 days of being out of
status. SSA's logic is the person will be out of status by the time the SSN
card arrives.
It is supposed to take 20 business days (basically a month) to get a
response from INS. After 20 days call 1-800-772-1213. If no SSN has been
issued, go back to the office and ask them to follow up with INS.
Take care,
Mike
Dec 23rd 2002, 3:54 pm
#6
unDAUNTEd
Thread Starter
Joined: Dec 2002
Location: Minnesota, USA
Posts: 256
Re: Former Lurker - Question About SSN
Morning all...thanks for the clarification. Every day I try and remind myself that this is a long and involved process and not something that we're going to fly through. Guess I was just a bit nervous that the week we were off would cause major hassle. I am trying to do everything by the books here! *lol* And of course, for now we're surviving just fine, but eventually my dear husband will need to get a job!!
Thanks again and happy holidays!
Ang
Every day I try and remind myself that this is a long and involved process and not something that we're going to fly through. Guess I was just a bit nervous that the week we were off would cause major hassle. I am trying to do everything by the books here! *lol* And of course, for now we're surviving just fine, but eventually my dear husband will need to get a job!! Thanks again and happy holidays!
Ang
