Please help!!!

[onlybelieve 1]

I need answers please...my step son came over to the USA in may 2013 to study. Is there anyway he could be granted a ssn just in order for me to add him to my medical benefits at work. Also how would he go about getting a driver license without a ssn. Within the next month I'm going to be working to change his status to become a permanent residence if its not approved within the two years that he have left will they automatically deport him.. Thanks in advance!!!

[mmorgan 7]

Not sure about whether or not he could get an SSN but he should be able to get a drivers license without one. I don't know what state your in but I got a DL in Indiana while attending school there (I'm from Canada). I just had to go to the Social Security office and ask them for a letter stating that I was ineligible for Social Security, then took that to the BMV. That was all they needed to see as far as the SSN was concerned.

[Ian H. 207]

Hi,

It looks like he's on a valid F1 visa and should be able to get a letter from the SSA that says he isn't eligible for an SSN and that along with his F1 and I-94 should let him apply for a DL. The requirements vary from state to state so you can find out with your local DMV to see what documents he has to bring.

Also when he submits the AOS petition as your stepson, he would have a period of authorized stay, so if his I-94 or visa expires while the petition is pending, he will not be deported, or be in any trouble since he would have a pending petition.

As long as your marriage to his parent happened before he turned 18, and is currently under 21, then he should qualify for AOS assuming all other requirements are met.

As for the medical, if they require an SSN and/or legal status then you may have to wait until you do the AOS that way he can get an EAD and an SSN and be able to get coverage at that point.

[milimelo 4,481]

How old is the stepson and how old was he when you and his father married?

[fullglass 5]

I need answers please...my step son came over to the USA in may 2013 to study. Is there anyway he could be granted a ssn just in order for me to add him to my medical benefits at work. Also how would he go about getting a driver license without a ssn. Within the next month I'm going to be working to change his status to become a permanent residence if its not approved within the two years that he have left will they automatically deport him.. Thanks in advance!!!

If you step son came here to study, he would have a student visa, either F1 or M1, depending on the nature of his studies. The are two ways where he could be issued an SSN (but this is not guaranteed):

1. apply for on-campus jobs.

2. apply for SSN due to financial hardship.

Keep in mind, though, that this SSN will be for employment purposes only and will state so on the SSN Card, so I'm not sure if this can be used for adding onto your benefits policy. There are different companies that specifically offer health insurance for international students, if health insurance is what you are concerned about.

International students do not need an SSN to obtain a driver's license. Just take all the info that the DMV requires, as well as his passport, I94 Card, student visa, and I20.

You mentioned that he only has a two-year period left in the states. What does his I94 card state? If he is on an F1 Visa, typically it will have "D/S" (duration of status) written, meaning as long as he is enrolled as a full-time student at a school, he can remain until his studying is completed. However, if he is on an M1 Visa, there should be a date which indicates his last day of legal stay.

Assuming he is on an F1 student visa, as long as he continues to maintain his status as a full-time student, he will not get deported even if his adjustment of status gets denied.

Edited August 13, 2014 by fullglass

[fullglass 5]

Hi,

It looks like he's on a valid F1 visa and should be able to get a letter from the SSA that says he isn't eligible for an SSN and that along with his F1 and I-94 should let him apply for a DL. The requirements vary from state to state so you can find out with your local DMV to see what documents he has to bring.

Also when he submits the AOS petition as your stepson, he would have a period of authorized stay, so if his I-94 or visa expires while the petition is pending, he will not be deported, or be in any trouble since he would have a pending petition.

As long as your marriage to his parent happened before he turned 18, and is currently under 21, then he should qualify for AOS assuming all other requirements are met.

As for the medical, if they require an SSN and/or legal status then you may have to wait until you do the AOS that way he can get an EAD and an SSN and be able to get coverage at that point.

If you stepson maintains his status as a full-time student, even if the AOS got denied, he would still be able to continue his studies and remain in the states as a F1 student visa holder. However, if your stepson dropped from school during the AOS process, he would be in pending status, but if it got denied, he would have to leave since he did not maintain his student status.

If he obtained an SSN through an EAD, it would be for employment purposes only and it would state that on the actual card.

[onlybelieve 1]

Thanks to everyone that provided me with info I really appreciate it so much .... My stepson was 19 when his father and I got married. We have been married for 3 years. We are going to try and do an AOS but I hear it takes a long time. I wanted to add him to my medical because its so expensive getting the medical insurance through the school

[belinda63 3,038]

He was too old when you married for you to petition him as a stepchild but his father can petition him. Have the father obtain his citizenship and then there should be no problems. As an LPR there will be a wait for a visa number to become available so he could not file for AOS right away.

Edited August 13, 2014 by belinda63

[Ian H. 207]

He can petition for him now while he's an LPR.

[belinda63 3,038]

You are correct Ian but they can't file for AOS which is what they are looking for. And they said he only has two years left to study and then he will have to leave the US. Not enough time as it currently is for his visa number to become current.

True though his father could petition now as an LPR and upgrade when he obtains his citizenship.

Edited August 14, 2014 by belinda63

[Ian H. 207]

Yeah, they can't do AOS if the PD's aren't current by the time the student visa expires. It's possible that they may be, because it usually only takes 2 years and they were current for a few months last year. Chances are that the PD's may become current before 2 years and he may be able to adjust. If not, then yes he has to leave, but at least his PD will be almost current by then and he may only have to leave for a few months. Therefore, his dad should petition for him ASAP so as not to further delay his PD.

[fullglass 5]

Thanks to everyone that provided me with info I really appreciate it so much .... My stepson was 19 when his father and I got married. We have been married for 3 years. We are going to try and do an AOS but I hear it takes a long time. I wanted to add him to my medical because its so expensive getting the medical insurance through the school

He does not have to get medical insurance through the school. There are outside companies that specifically offer health insurance for international students.

[fullglass 5]

You are correct Ian but they can't file for AOS which is what they are looking for. And they said he only has two years left to study and then he will have to leave the US. Not enough time as it currently is for his visa number to become current.

True though his father could petition now as an LPR and upgrade when he obtains his citizenship.

Is his step son on an F1 Student Visa? If so, even if his student visa expires, AS LONG AS he is maintaining full-time status as a student, he can remain in the US legally until he finishes his studies, which is not limited to just one program (typically, for F1, "duration of status" or "D/S" is written on their I94 cards). The DSO at the school would issue him new I20s, as long as he maintains his status as a student.

Edited August 14, 2014 by fullglass

[Ian H. 207]

That's true, he can always renew his visa. As long as he is enrolled full-time, meaning he stays in college (12 credits), he would definitely be able to do AOS when his PD is current since he isn't likely to finish college in the next couple of years. He just has to make sure to renew the visa before it expires to avoid any potential issues, like having to apply outside the US since typically they can renew the visa without having to leave.

[NigeriaorBust 4,087]

"My stepson was 19 when his father and I got married. We have been married for 3 years." The step son is already over 21 so no way to be current in 2 years more like 7-9 years. That is a lot of studying. If he married before parent is USC then the petition is dead