andgodcreatedjay

Can anyone guide me in the right direction...i married my spouse here in the US..what
is next??? We really love each other and wanted to be together..What do i do to make
sure she can stay..because of this marriage, i also have 2 stepchildren who i love so
very much...i don't think marrying the woman i love and having the family i always
wanted is wrong...but now what do i do? how do i get my spouse to be able to work and
how do i get them social security numbers so they can go to school...can someone
please help as our family, our lives depend on it...thank you for any help or
advise....sincerely desperate, stressed, and worried.

Andy Platt

Are you a US citizen? If so, and if she entered the US legally, you can file a
petition for her and her children (if they are unmarried and under 21); they
concurrently file a petition to adjust status to a permanent resident. As part of
this she (they) can get employment authorization and therefore social security
numbers. Here's a general guide:

http://www.geocities.com/CapitolHill...806/index.html

If you are not a US citizen the situation is more complex; if they entered illegally
you had better hope that congress reintroduces 245(i) which would allow them to stay
by paying a fine.

Andy.

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I'm not really here - it's just your warped imagination.

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Rete

Before worrying about a social security card, I think your priority should be getting your new family's adjustment of status started with the INS. You have to do that and at least have your wife get an EAD (the right to work) from INS before she is eligible to obtain a social security card. She and the kids are eligible for taxpayer numbers issued by the IRS since they came here on a tourist visa of some sort and married rather than having come here on an approved I-130 immediate relative visa(s) or K-1 visa.

Start reading the following URLs and when you have done that come back and ask away. The good people here will help you sort it out. You will need to apply for I-130s for your wife and her two children and I-485s for them as well. Your wife will need an I-765 for the EAD. You will need to complete an affidavit of support and you must meet the financial requirement of 125% of the poverty guidelines set up by the federal government for a family your size (4?). They will all need medicals.

You have a lot of work ahead of you but it is very doable and once you have your ducks in a row and have submitted the forms to the local INS office you can breath a sigh of relief and get on with the business of enjoying a family life for the three new additions to your home.

Rita

Rete

Section 245(i) has been extended for another year Andy.

Rita

Andy Platt

Hmm, I haven't seen that. The latest I heard was the house passed H.R. 1885 which has
been passed to the Senate while the Senate still have their version (S. 778) in
committee. http://thomas.loc.gov still gives this as the current status. Where did
you see the extension had been passed?

Andy.

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I'm not really here - it's just your warped imagination.

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Rete

In the immigration column in the New York Daily News and I believe it was in a Newsweek recently. They ran a story on illegal aliens and the Section 245(i).

Rita

Michael D. Young

AndGodCreatedJay wrote:

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Hi All!

To get a Social Security number (SSN) for your wife and children, they will need to
submit Form SS-5. They will need proof of age, identity and an alien status that
allows them to be issued a SSN. Depending on you wife's INS status, she may also need
INS work authorization documentation to be issued a SSN that authorizes her to work.

You can download Form SS-5 at:

http://www.ssa.gov/online/ss-5.html

You may want to read SSA publication 05-10096 Lawfully Admitted Aliens--When You Need
A Number And When You Don't. You can find that at:

http://www.ssa.gov/pubs/10096.html

If you need a number for tax purposes, but don't meet Social Security's requirements
to be assigned a number, you can apply for an Individual Taxpayer Identification
Number (ITIN) from the Internal Revenue Service (IRS).

Visit IRS in person or by calling the toll-free IRS number 1-800-TAXFORM
(1-800-829-3676) and request form W-7, Application for an Individual Taxpayer
Identification Number. or download it from the IRS Website at:

http://www.irs.gov/forms_pubs/forms.html

For more information, you may call SSA's toll-free number, 1-800-772-1213, from
7:00 a.m. until 7:00 p.m. Mon through Fri., but not tomorrow.

Take care,

Mike

A.L. Bell

[email protected] (AndGodCreatedJay)
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If you have any overstay issues or other complications, visit http://www.kamya.com
and all those other great sites, but try to at least get an initial interview with an
immigration lawyer who is experienced with your local immigration office and is
active in the American Immigration Lawyers Association. (I.e., someone who's made a
serious effort to learn about immigration law, not just take checks from desperate
immigrants.)

A lot of lawyers will give you an initial interview for less than $100. If they're
nice, and they see that you're flat broke and have an easy case that you can handle
yourself, they may give you some pointers and may even give you some of the forms you
need. If you can't afford "full service" help, maybe you can at least pay for some
help with putting your application packet together.

The ideal thing is to have an experienced lawyer go with you for your adjustment of
status interview. If you are organized and good with paperwork, you can probably do
OK in the interview without a lawyer, even if you have some complications, but having
a good lawyer who knows the local office well can definitely help cut down on red
tape problems.

Also, a lot of people who post their stories on the Kamya site and other sites seem
to have had very easy, by-the-book cases without any overstay issues or other
complications. Maybe, on average, couples who have overstay problems end up following
exactly the same procedures and experiencing exactly the same interviews as other
couples, but there's so little information on the Web about overstay couples who are
identified as such that it's hard to know how relevant the Kamya info really is for
overstay couples.