I think I have a unique case. Double endorsement checks.

[Speeds03 16]

I was not trying to make a negative comment. I was merely stating how the issue with your taxes might look to USCIS. Does it look like fraud? Yes. Was I accusing you of it? No. You were not very clear with your comments. Anyways, good luck with your journey.

Thank you. And I wasn't directing the post towards you. It was to clear up thoughts/accusations of me "trying" to do something Illegal. When I revise with both the Tax preparer and IRS, and both tell me that everything is ok, than fine. If I have to fix any mistake made by the Tax Preparer, than that is fine as well. Thank goodness I made this post!!!

Edited December 6, 2012 by Speeds03

[VanessaTony 3,567]

Thanks for chiming in. In my state (at a time) the original marriage certificate was not considered an official document (more like something you frame) so we had to get certified copy for everything and it wasn't that expensive at a time ($15/each) so we sent one of those with AOS. Now it's coming back to me that it wasn't required... but I remember, when I was getting ####### for AOS together, reading that the copy had to be of a certified marriage certificate, not the original... again, might be just the state thing, I dunno, I might be talking out of my a$$ at this point so I'll let more knowledgeable people guide the OP

I think we're saying the same thing but it's confusing because of what certified means here. For us we have 2 marriage certificates, the "pretty" one (which isn't legal), and the certified one (seal and registrars signature). The "original" marriage certificate (original signatures etc) is actually held at births, deaths and marriages (or whatever it's called here) and they only ever give someone a "certified copy", never the original.

AOS only requires a photocopy, but it must be a copy of the certified copy (the registrars signature and seal MUST be present). But if someone wants to send certified it doesn't matter. I just didn't want to waste the money After $1070 even $15 was a break!

[ceadsearc 516]

Thank you. And I wasn't directing the post towards you. It was to clear up thoughts/accusations of me "trying" to do something Illegal. When I revise with both the Tax preparer and IRS, and both tell me that everything is ok, than fine. If I have to fix any mistake made by the Tax Preparer, than that is fine as well. Thank goodness I made this post!!!

I don't think anyone was accusing you of doing it on purpose (at least, I know I wasn't). It just appears it got messed up and it's better to get it fixed now before you find yourself in a big mess with IRS or USCIS - right now it's a simple mistake that can easily be fixed, in the future it could blow up.

You don't mention what state you are in but check into a state ID. It is totally state dependent, though. Some states require an immigrant to already be an LPR, some don't, and some (like mine) it is at their discretion while AOS is pending.

[Speeds03 16]

I don't think anyone was accusing you of doing it on purpose (at least, I know I wasn't). It just appears it got messed up and it's better to get it fixed now before you find yourself in a big mess with IRS or USCIS - right now it's a simple mistake that can easily be fixed, in the future it could blow up.

You don't mention what state you are in but check into a state ID. It is totally state dependent, though. Some states require an immigrant to already be an LPR, some don't, and some (like mine) it is at their discretion while AOS is pending.

I'm in NYC. So, is my wife in the clear (able to receive an ID) or not?

[Speeds03 16]

I think we're saying the same thing but it's confusing because of what certified means here. For us we have 2 marriage certificates, the "pretty" one (which isn't legal), and the certified one (seal and registrars signature). The "original" marriage certificate (original signatures etc) is actually held at births, deaths and marriages (or whatever it's called here) and they only ever give someone a "certified copy", never the original.

AOS only requires a photocopy, but it must be a copy of the certified copy (the registrars signature and seal MUST be present). But if someone wants to send certified it doesn't matter. I just didn't want to waste the money After $1070 even $15 was a break!

Yeah, tell me about it. Now that I don't need to do the I-693 form, I still need to get a translation of my wife's birth certificate, then i'll have to go get a money order for the $1070 and mail the packet out. Any break after that is a good break!

Edited December 7, 2012 by Speeds03

[Reyan 56]

This is what it says on the NY DMV:

http://www.dmv.ny.gov/forms/id44.pdf

[didopage 337]

This is what it says on the NY DMV:

http://www.dmv.ny.gov/forms/id44.pdf

I was looking at that link too. I think OP's wife may not be able to get an ID, because her I-94 is expired. She will have to wait until her EAD or green card. OP, does your wife has a SSN?

[Speeds03 16]

I was looking at that link too. I think OP's wife may not be able to get an ID, because her I-94 is expired. She will have to wait until her EAD or green card. OP, does your wife has a SSN?

Yes she does have an SSN. You might be right about my wife not being able to obtain the State ID because of her expired I-94. That was the exact reason why she was denied a name change in her current SSN card to include her new surname after we got married. They should work on this issue a bit more because it really complicates life.

Edited December 7, 2012 by Speeds03

[didopage 337]

Yes she does have an SSN. You might be right about my wife not being able to obtain the State ID because of her expired I-94. That was the exact reason why she was denied a name change in her current SSN card to include her new surname after we got married. They should work on this issue a bit more because it really complicates life.

Yes, that's normal because right now your wife is out-of-status. She will be able to change the name on her SS Card when she will have her EAD card or Green card. Apply for AOS/EAD (and AP if wanted). Once she receives her EAD or GC (whichever comes first), she can return to a SSA office to update her card.

It's not a big problem that her SS card is with her maiden name right now. Her SS number will never change, and that is the important part.

Edited December 7, 2012 by didopage

[Speeds03 16]

Yes, that's normal because right now your wife is out-of-status. She will be able to change the name on her SS Card when she will have her EAD card or Green card. Apply for AOS/EAD (and AP if wanted). Once she receives her EAD or GC (whichever comes first), she can return to a SSA office to update her card.

Yup. I figured that out after the person that was servicing us didn't know what to do. So I told her exactly what you just wrote and she said: "yeah, that's what you need to do I guess..." LOL. So atleast I know when to take care of that issue. But I would really hope they let her get a State ID,

[didopage 337]

I know, but she still has her passport so she has something to show for now.

Look at the link provided by Reyan, the NY DMV seems quite precise on which documents they want in order to get a State ID/Driver's License.

They want:

- a proof of date of birth (the EAD or GC will work)

- 4 "points of proof of name" along SS Card. (not sure if that means 4 points + SS card, or 4 points, SS card included? someone help me on that one?)

All proofs of names should show the same name.

I suggest this plan for your wife:

- Apply for AOS/EAD (and AP) with her new full name

- As soon as her EAD or GC is received, go back to a SSA office and update her SS card (with her new full name + to tell them that her immigration status changed). Their system may not be updated yet, but they should make a copie of her card. She will receive her new SS card once the SSA will have verified her EAD/GC with the DHS.

The EAD or GC counts for 3 points, the SS card for 2 points.

If they mean 4 points (SS card included), once she gets her new updated SS card, she may go to a DMV office and apply for a State ID (or Driver's License if she prefers).

If they mean 4 points + SS card, she may use, for example, a US ATM card or a US Health Insurance card as it counts for 1 point.

Edited December 7, 2012 by didopage

[Speeds03 16]

I know, but she still has her passport so she has something to show for now.

Look at the link provided by Reyan, the NY DMV seems quite precise on which documents they want in order to get a State ID/Driver's License.

They want:

- a proof of date of birth (the EAD or GC will work)

- 4 "points of proof of name" along SS Card. (not sure if that means 4 points + SS card, or 4 points, SS card included? someone help me on that one?)

All proofs of names should show the same name.

I suggest this plan for your wife:

- Apply for AOS/EAD (and AP) with her new full name

- As soon as her EAD or GC is received, go back to a SSA office and update her SS card (with her new full name + to tell them that her immigration status changed). Their system may not be updated yet, but they should make a copie of her card. She will receive her new SS card once the SSA will have verified her EAD/GC with the DHS.

The EAD or GC counts for 3 points, the SS card for 2 points.

If they mean 4 points (SS card included), once she gets her new updated SS card, she may go to a DMV office and apply for a State ID (or Driver's License if she prefers).

If they mean 4 points + SS card, she may use, for example, a US ATM card or a US Health Insurance card as it counts for 1 point.

Thanks for the much needed advice. I will take those exacts steps as mentioned. And just to be perfectly clear, the EAD is the work permit? If so, than got it . Her AOS packet should be mailed out this monday or tuesday. I will start looking at timelines for the AOS process now

[didopage 337]

Yes, EAD is a temporary work permit (valid for a year once approved).

Once the green card will be approved, her EAD will be void because the green card is also a work permit.

I suggest that she applies for AP too (temporary travel permit, I-131 form), it's not much more paperwork to do, and it will be approved with her EAD (the result is an EAD card with an AP note on it). With the AP, she will be able to travel while her AOS is pending. The same way as her EAD will let her work while AOS is pending. Also, applying for EAD/AP is free when applying at the same time as AOS. It will takes 2-3 months to be approved.

Concerning timelines, you won't find much help. Her case may be chosen to be waived from an interview, and there's no timeline available for those cases. It just takes months (it's long). If her case is scheduled for an interview, you can look at timelines from other VJ members who went to the local USCIS office in your area.

All in all, it's really difficult to know how long it will take to be processed, as you can't know when filing if there will interview or no. It may be a few months, as it may be a year. That is why it is a good idea to apply for EAD/AP.

Quite a bit of work to do for you! But the tax part is your priority right now. So, good luck!

Edited December 7, 2012 by didopage

[Speeds03 16]

Yes, EAD is a temporary work permit (valid for a year once approved).

Once the green card will be approved, her EAD will be void because the green card is also a work permit.

I suggest that she applies for AP too (temporary travel permit, I-131 form), it's not much more paperwork to do, and it will be approved with her EAD (the result is an EAD card with an AP note on it). With the AP, she will be able to travel while her AOS is pending. The same way as her EAD will let her work while AOS is pending. Also, applying for EAD/AP is free when applying at the same time as AOS. It will takes 2-3 months to be approved.

Concerning timelines, you won't find much help. Her case may be chosen to be waived from an interview, and there's no timeline available for those cases. It just takes months (it's long). If her case is scheduled for an interview, you can look at timelines from other VJ members who went to the local USCIS office in your area.

All in all, it's really difficult to know how long it will take to be processed, as you can't know when filing if there will interview or no. It may be a few months, as it may be a year. That is why it is a good idea to apply for EAD/AP.

Quite a bit of work to do for you! But the tax part is your priority right now. So, good luck!

Definately alot of work ahead, but as long as eveything is organised by order, than it's no sweat. Plus I already got all the annoying paperwork out of the way with the AOS packet. My wife brought me her birth certificate earlier (i'm at work), and I was able to have it translated into English. The guy wanted $45 bucks oh well, atleast it is now out of the way. I also have to update my coversheet to include a few things I added to the packet, like paystubs for both my jobs and what-not. Meh, our SO's should treat us like royalty for all the headache all this paperwork and running around brings!

Edited December 7, 2012 by Speeds03

[jazzyjois 0]

This shouldn't be a problem technically if she doesn't have a state ID she can use her passport as an Identification and that should be valid. In the event she can't open the joint account with you with the passport (which I highly doubt she will have an issue as a passport is consider a valid ID).

Also she doesn't need to be a residence to obtain an ID if you go down to DMV and have her take her BC, Passport, SSN card and just with her passport itself I believe its 8pt she will fill out the form to obtain a state ID pay I believe is $8.00 for 6 years ID or $10.00 for 10years just confirm this with your local DMV office. Other then that you should be able to open/cash check anywhere with her unexpired valid passport.

Good Luck!

I totally agree with GodsGift225!