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Filed: Country: Jamaica
Timeline
Posted

Just have a quick question....can I apply for the SSN & EAD at this point? Not the AOS. I have to complie some additional paperwork (taxes) but would like to get the work permit moving along. He arrived 07/19 - got married 7/26. I would have liked to process it all at once, but that is not going to be the case. Your response it appreciated. Thanks everyone!

Posted (edited)

Just have a quick question....can I apply for the SSN & EAD at this point? Not the AOS. I have to complie some additional paperwork (taxes) but would like to get the work permit moving along. He arrived 07/19 - got married 7/26. I would have liked to process it all at once, but that is not going to be the case. Your response it appreciated. Thanks everyone!

Fee for EAD is waived if filed with or after the AOS. Some here are having their AOS interview scheduled and still no EAD. Why can't you file for the AOS? All that we sent in was the marriage certificate, a car title, and the petition along with the $1070--taxes where not ready until the interview. In looking at the I-765 you can file the EAD within 90 days after entry, but it expires when the I-94 does and cannot be renewed. Given the current processing times it would be a waste of money. You would have to stop working until the GC is approved anyway. See 6(a) on page 4 of the instructions. So you should file the AOS and the EAD/AP if you choose to.

You need to get the information you need together and file the AOS along with the EA and AP.

Good luck,

Dave

Edited by Dave&Roza
Filed: Country: Jamaica
Timeline
Posted

Fee for EAD is waived if filed with or after the AOS. Some here are having their AOS interview scheduled and still no EAD. Why can't you file for the AOS? All that we sent in was the marriage certificate, a car title, and the petition along with the $1070--taxes where not ready until the interview. In looking at the I-765 you can file the EAD within 90 days after entry, but it expires when the I-94 does and cannot be renewed. Given the current processing times it would be a waste of money. You would have to stop working until the GC is approved anyway. See 6(a) on page 4 of the instructions. So you should file the AOS and the EAD/AP if you choose to.

You need to get the information you need together and file the AOS along with the EA and AP.

Good luck,

Dave

Thanks for taking the time to assist us with this. I dont need my taxes for the file? If so, what else information do I need to use? I have the marraige certificate on the way and have the petition. I thank you so much for help on this!!

Posted

Yes you need taxes for AOS. He can get a SSN, but the EAD you could get would expire on the 90th day of his entry (and it takes about 90 days to get approved). He will need an EAD to work.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted (edited)

Thanks for taking the time to assist us with this. I dont need my taxes for the file? If so, what else information do I need to use? I have the marraige certificate on the way and have the petition. I thank you so much for help on this!!

Let me clarify the tax issue as I see it. If you have a tax return and can get the transcripts from the IRS then by all means use them. If you do not have a tax return because it is before April 15th or you filed for an extension, then I would submit the AOS without the tax returns, but I would have them available for the interview--like we did. It took the IRS about 4 weeks for our tax return to be available for a transcript after filing. The processing of our GC took 96 days last May. Given the processing times now, I would file the AOS and then get the taxes done and get the tax transcipts from the IRS, but do not hold up the AOS just for the taxes. Just my $0.02 worth.

You need whatever you have that shows your lives being shared. That is typically tax returns, joint bank accounts, joint property ownership, joint assets, wills, power of attorney, beneficiary on the life and health insurance, and other items showing common address. In our case we got married a week after she arrived and then filed for AOS after receiving her SSN. We submitted the marriage certificate, car title, proof she was on my health insurance and listed as beneficiary on my life insurance policy. I submitted the AOS and then submitted my tax return. I took the tax return to the interview, but it was never looked at or asked for. Just remember to continue to keep track of all joint accounts and make a copy of the front and back of the GC when you get it so yu have that for ROC.

I would get to the SSA and get him a SSN now that he has been in the US for a couple of weeks. Donot mention that you are married and use his passport, I-94 and a secondary ID like the birth certificate to apply using the SS-5 form. Do this before the 2 weeks before his I-94 expires. Having a SSN now makes a lot of things easier to do and he will need one in order to work anyway.

Good luck,

Dave

Edited by Dave&Roza
 
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