Visa status is I-485 pending, how to prove I am legally staying in the states?

[Mintxtea 1]

Hi there,

 

Hope everyone is doing well out there.  

 

I sent out my AOS package (with the concurrent filing of I-130, I-485, I-131, I-765) on Aug.17, and received my first NOA on Sep.16.  

My visa has expired on Sep. 28, my visa status should have changed to "I-485 Pending".  As I know, I won't have a SSN before my EAD is issued. Right now I would like to enroll in my husband (USC)'s medical insurance plan (as a spouse). Even though the insurance company could accept my enrollment without a SSN, HR needs proof that I'm a "Legal Resident".  Is there a way to find out my current visa status to prove my legal residency? 

 

Any feedbacks are appreciated, cheers!

[SalishSea 17,946]

1 hour ago, Mintxtea said:

Hi there,

 

Hope everyone is doing well out there.  

 

I sent out my AOS package (with the concurrent filing of I-130, I-485, I-131, I-765) on Aug.17, and received my first NOA on Sep.16.  

My visa has expired on Sep. 28, my visa status should have changed to "I-485 Pending".  As I know, I won't have a SSN before my EAD is issued. Right now I would like to enroll in my husband (USC)'s medical insurance plan (as a spouse). Even though the insurance company could accept my enrollment without a SSN, HR needs proof that I'm a "Legal Resident".  Is there a way to find out my current visa status to prove my legal residency? 

 

Any feedbacks are appreciated, cheers!

Your NOA should serve as such.

[Boiler 45,704]

First this is insurance what has legal resident to do with it and what do they mean by legal resident?

[HRQX 4,145]

1 hour ago, Mintxtea said:

Is there a way to find out my current visa status to prove my legal residency?

Although you currently don't have a status the pending I-485 means you are in a period of stay authorized by the Secretary of Homeland Security.

[Celebi 138]

I have the same concern. Husband's HR said they need my SSN (which I don't have yet). We then called Aetna directly and they said they will accept my visa. However, since I overstayed, I have doubts that getting added to my husband's insurance using my visa will be easy 😩

[FattieBanton 35]

Did your Visa expire or just the 6-month i94 stay? If the visa is still valid you should have no problem.

[Mintxtea 1]

Thanks for everyone's quick replies.

 

My husband called the HR person again this morning, now they accepted an ITIN number.  As I know, if I am qualified for a SSN, then I won't be able to get an ITIN.  Anyway, that's a topic I haven't research yet, I will try to figure out if I can get an ITIN while I-485 Pending, thanks! 

 

@Celebi @FattieBanton Oops, my visa has expired as well, or I might try if they would take my visa number instead.

Edited September 30, 2020 by Mintxtea

[Boiler 45,704]

Quote

An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

This is an Insurance issue not a tax issue.

[Riley and SP 17]

Isn’t there a way to get a limited purpose SSN? For example, my SSN card says valid for work only with DHS authorization.

[Boiler 45,704]

Just now, Riley and SP said:

Isn’t there a way to get a limited purpose SSN? For example, my SSN card says valid for work only with DHS authorization.

Enter on a K1.

[Riley and SP 17]

2 minutes ago, Boiler said:

Enter on a K1.

I was on F-1. So, K-1 may be different but you can call Social Security Administration and ask if that is a possibility.

[Boiler 45,704]

So you worked under the restrictions imposed on a F1 holder?

[Beth & Achraf 328]

11 minutes ago, Riley and SP said:

Isn’t there a way to get a limited purpose SSN? For example, my SSN card says valid for work only with DHS authorization.

No

[Celebi 138]

58 minutes ago, FattieBanton said:

Did your Visa expire or just the 6-month i94 stay? If the visa is still valid you should have no problem.

I have a 10-year B2 visa but now adjusting status thru marriage. The Aetna rep we talked to seemed unsure of their policies and since we were already transferred 4x and on the call for majority of my husband's lunch break (we had a three-way call), I just thanked the rep and ended the call. We thought I will get my EAD/ SSN card in 3 months so we weren't in a hurry to check on health insurance process. Hopefully, things will start moving faster especially for NYC  

[Boiler 45,704]

Has been a very long time since you get EAD in 3 months