Is this even legal?

[himher 634]

As was advised earlier, your friend can stay and have her husband file an I130 and I485 (adjustment of status). Part of the I130 is the proof of marriage so the marriage certificate has to be stapled to the petition. The downside is - once done, your friend should plan to NOT leave the country (US) until everything is approved.

Your friend does not legally need a SS# to be added to her husband's account. The best thing to do is to go to the bank, explain that she is in the immigration process, and see if they will add her. Our bank added my wife, before she got her SS#, so I just took it for granted that this is normal policy. What I've seen here is that it depends on the bank and even the branch.

It is indeed heartbreaking to be denied AOS. I do not believe it is common to have these petitions denied, but the sure thing would be to return home, go back to work, and file either IR1 or K3. There is always the barrier of "intent" to overcome and unfortunately the case may appear to the adjudicating officer to be one in which a visitor's visa was used to circumvent the immigration laws. Either way, best of luck to your friend.

[rebeccajo 14]

Most banks, to my knowledge, will want at least a NOA1 as evidence that the applicant is legally in the U.S. Some DO require SSNs, but not all. Smaller regional banks (unlike Bank of America) tend to be more flexible.

Most banks don't even know what a Notice of Action is.

A passport and marriage certificate will do the trick in many cases.

As was advised earlier, your friend can stay and have her husband file an I130 and I485 (adjustment of status). Part of the I130 is the proof of marriage so the marriage certificate has to be stapled to the petition. The downside is - once done, your friend should plan to NOT leave the country (US) until everything is approved.

Your friend does not legally need a SS# to be added to her husband's account. The best thing to do is to go to the bank, explain that she is in the immigration process, and see if they will add her. Our bank added my wife, before she got her SS#, so I just took it for granted that this is normal policy. What I've seen here is that it depends on the bank and even the branch.

It is indeed heartbreaking to be denied AOS. I do not believe it is common to have these petitions denied, but the sure thing would be to return home, go back to work, and file either IR1 or K3. There is always the barrier of "intent" to overcome and unfortunately the case may appear to the adjudicating officer to be one in which a visitor's visa was used to circumvent the immigration laws. Either way, best of luck to your friend.

Canadians don't need a 'visitor visa' to come to the US.

If there was no intent to immigrate at the border, adjustment of status from within the US is a viable path.

[DanielParul 50]

My SO added me to all his accounts without us being married or ssn yet. They did it easily coz he told them that I was his fiancee and just took a copy of my passport for ID purposes. This was at Wachovia Bank. Most banks would add you on your SOs account without any problem.

[unforgettable fire 2]

I adjusted successfully from the vwp and I have now the green card in my hands, the whole process took me around 7 months.

My husband added me to his bank account without any hassle. We bank with Wells Fargo if that helps. No SSN was asked.

Tell your friend not to leave the US under any circumstance. That is the one of the downfalls of adjusting status from a visitors visa.

Also it would b beneficial for her to start gathering documents that she had intentions of returning to Canada (letters from employers, lease, bank accounts, etc).

Good luck with it all and if you need anything don't hesitate to ask.

Edited November 23, 2008 by unforgettable fire

[Anastassia 0]

A woman in the bank where my husband had his account for years actually called somebody and was telling them my visa details over the phone. And it was when we were already married so I am assuming my visa was no longer valid. I still wonder who she might have called.

Bank was SunTrust.

Ana

[reeses16 8]

Having is a joint bank account makes things easier. Your friend may have to try different banks. But if she can't get it focus on other proof marriage. Not every married couple has joint accounts, a mortgage, etc. They should document the things they do have. AT very least the non-USC can be added as an authorized user (no SSN req'd) and get a card that will have the same account # as the USC...photocopy and send that to as proof.

[Bern. 3]

Alright, I will definitely send her towards this forum =) Thank you so much for everything.

[Wis-Can 0]

My two cents worth....we are trying to get our ducks in a row so to speak and contacted his bank in Wisconsin. They said that even after I obtain my visa and move to Wisconsin, I would require a SSN in order to open a bank account or to be added to his. I think it depends on the bank and their policies. Good luck!