I-485 and questions about employment authorization ???

[drsarman 0]

Hi,

I came to the USA as a F-1 student and studied English as a second language. My wife and I met December 2011 and since January 2012 we have been living together. We married at May 5th 2012. She filed i-130 form in July 2012 to Chicago office and we received i-797c approval in July 2012. Right now the i-130 form is at California center and status is `initial review`. I am going to send my i-485 form package this week. We are living in Missouri state. Should I send it to the Chicago lockbox ?

i-485 package includes;

- cover letter

- certify letter that all the photocopies are the exact copies of the original documents

- copy of i-797c

- 985$ and 85$ checks for i-485 filing and biometrics fee

- G-1145 e-notification form

- I-485 form

- G-325A information form and 2 passport style pictures of intending immigrant ( thats me )

- I-765 form for employment

- I-864 form

- my birth-certificate

- copies of my passport, visa and I-94

- copy of our marriage certificate

My Questions;

1- Since my wife filed i-130 and we got i-797c , I think I dont need to send pictures or other documents for evidence, what do you think?

2- I can file i-131 advanced parole but I am not going to school right now and my i-20 student papers are expired more than 6 months ago. I think I am out of status right now. Can I still file i-131 ?

if I leave the USA I maybe will be banned for 3 years.

3- I need to file i-693 medical examination form which is sealed by a civil surgeon. Can I file it later or bring it to the interview with me? I searched but couldnt find an answer.

4- Is the i-693 medical examination form necessary or do I have to file it in order to get my Employment Authorization Card ?

5- My wife wants to file me for the tax-returns for 2012 since we got married and living together. Because of that I need to get a ``Social Security Number``. How can I get a Social Security Number?

the way I know is: I file i-485 package and I will get a schedule for biometrics. After that they will send me my Employment Authorization Card and with this card I will go to the Social Security office and apply for a Social Security number. This looks like it will take more than 2 months from now. What do you think? Is there any short way ?

If I can get a Social security number until january and my wife files me for tax-returns, that will be great

`` yes I know I should have filed these forms until now but my wife and I had some sort of economical problems + she had health problems and I was taking care of the family and my step child who is 4 and blind.``

I need your help... Thank you !

[C-ma'am 684]

**Moved from AOS from family visas to AOS from Work, Student & Tourist Visas

[huongkhin 9]

1.

2. Yes, you can file I-131. But since you are out of status, even with AP, you should not leave the country. CBP may deny your entry to the U.S. It's their call.

It's free with I-485, so do it anyway.

3. You need to get that done and send it with the package.

4. It's a must for AOS.

5. If your wife is employed, she can claim you on her W-4 so that she's taxed less on every paycheck. Same thing for insurance benefit from her employer. No SSN is needed to get this done.

If your wife is self-employed. File now and you most likely have everything set before tax filing deadline next year. She has until April 17 of next year to complete her taxes.

[Hypnos 6,578]

1) You do not need to file any I-130 evidence because you have already filed an I-130. Enclose a copy of the I-130's I-797C receipt with your I-485 application so that it can be matched up in their system and proceed as a concurrent filing.

2) You have been out of status for >180 days and so will have a three year ban from the US if you leave. Don't bother with an I-131 for this reason and do not leave the US until your green card is in your hands.

3) If you do not enclose an I-693 medical examination with your I-485 then you will be RFE'd for it. This will slow down the processing on your application.

4) It's unlikely that your EAD would be processed before they received your I-693.

5) You can either enclose an application for an ITIN (individual taxpayer identification number) to the front of your joint tax return and be able to submit it that way, or wait for your EAD and then obtain a social security number using that in the manner you describe above.