AOS from ESTA / abandoned K1

[LibertyBears 22]

5 minutes ago, USC4SPOUSE said:

@LibertyBears, I would even call the insurance company and ask what HR needs to do. Honestly, the HR person may not even know that they can just call and ask. 

Alternatively, create an online account for all your insurance benefits and add your spouse as your emergency contact. That is always good evidence of bona fide marriage. 

 

Make sure that you fill out a new W-4 and update your status to married for tax purposes. If you. have an employee profile at work, add your spouse as emergency contact there, too and print that page. 

 

 

Thank you so much for this , we will do the emergency contact too.

Do I need to first get a US mobile number.. or can my foreign mobile number be put down temporary even though it has no service here? 
I have been here without a working sim card due to the fact I've only really left the house with my husband and found no need for it. 

 

Is it possible for phone companies to add me to his plan without SSN 😕 I assume this is the same law as insurance not needing SSN?

 

 

[LibertyBears 22]

4 minutes ago, USC4SPOUSE said:

@LibertyBears, Another great evidence of bona fide marriage is a living will or Advance Health Directive. USCIS takes this document very seriously. You would set up two of them and you would authorize each other to make health care decisions in the event either one of you is unable to. 

This link has state specific forms.  https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/ 

We both do not currently have any existing wills so thank you so much for this additional information! We will definitely look into and do this too!

[USC4SPOUSE 506]

Just now, LibertyBears said:

Thank you so much for this , we will do the emergency contact too.

Do I need to first get a US mobile number.. or can my foreign mobile number be put down temporary even though it has no service here? 
I have been here without a working sim card due to the fact I've only really left the house with my husband and found no need for it. 

 

Is it possible for phone companies to add me to his plan without SSN 😕 I assume this is the same law as insurance not needing SSN?

 

 

Yes, adding each other as emergency contact is very good evidence. 

 

Your husband can just add you to his account. I suppose it depends on the plan. You can just be added as an authorized user and your name and number will show up on it. I would just get a sim for it and a new number of course. 

 

Your in-laws may want to add you both to their homeowners insurance. 

 

I do not know if you can get a state ID in NY or a driver's license without being a permanent resident or without having at least an I-797 notice of action. 

 

This is a long process and the devil is in the details. Know that after you file for AOS you will continue to gather evidence of bona fide marriage. You want to diligently have a box where you just throw in evidence as it comes up. That way you will be ready for your interview when that happens.  

 

[USC4SPOUSE 506]

14 minutes ago, LibertyBears said:

We both do not currently have any existing wills so thank you so much for this additional information! We will definitely look into and do this too!

@LibertyBears, you are welcome. Like I said, USCIS takes that document very seriously. It is also a very useful document. It does not have to be complicated. I would make sure to get it notarized. Then, scan it and share it with loved ones. That way everyone is informed. If you send it by email, there you have another piece of evidence of bona fide marriage. 

 

[carmel34 3,639]

2 hours ago, LibertyBears said:

My husband has health, life, dental and vision insurance all included with his state job but in order for me to be added they require me to have a Social Security Number.

I added my husband to my health, life, dental, and vision insurance in the US right after I got back from our marriage in Brazil and he stayed there while I prepared the spousal visa petition package.  All I sent to HR was our marriage certificate and an English translation, he had no social security number until he entered the US more than a year later on a CR-1 visa.  So definitely push back on HR or the insurance companies.  Good luck!

[Letspaintcookies 2,310]

You just got married. USCIS is aware that you can't mix your life together in a week. Send everything you have from start of your relationship till now and add what you can even if it's just a newly opened bank account. Amazon, Netflix,  Costco membership... that really doesn't say a thing.. add it if you want too but it holds no value imo.

They might send a RFE later asking for more evidence or you'll just bring everything to the interview. It's gonna be fine.

[Lemonslice 4,886]

2 hours ago, LibertyBears said:

I will tell my husband this.

He is not very good with being firm with people even if he is in the right.

If someone tells him no or that something is not possible when it is, he is very reluctant to keep pushing or asking out of fear or uncomfortability of bothering the person  😪

 

 

 

 

 

It's very easily done by email, if he's not comfortable discussing it.  Link to the IRS requirements, mention that it is legally not required, and he should be fine.  Attach the form and marriage certificate.
 

"I understand this is not a common situation within our workforce, however here are the facts A B C. Please find attached the documents required for enrollment"

Would link to reference, but I'm between flights right now 

Good luck.

 

 

 

 

 

Edited June 22, 2021 by Lemonslice

[Illiria 980]

6 hours ago, LibertyBears said:

can my foreign mobile number be put down temporary even though it has no service here? 

Total aside but Is it pay as you go? and have you tried your sim in another phone (unlocked and triband) - even my Tesco mobile sim works over here (it uses T-Mobile network) but I had to get an American unlocked Triband phone to put it in. I use mine once every six months to keep the number active for when I go back home. 

[LibertyBears 22]

4 hours ago, Lemonslice said:

 

It's very easily done by email, if he's not comfortable discussing it.  Link to the IRS requirements, mention that it is legally not required, and he should be fine.  Attach the form and marriage certificate.

 

 

https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

 

A1. Your health insurance company is required to provide Form 1095-B PDF, Health Coverage to you and to the Internal Revenue Service. You will use information from the form to prepare your individual income tax return. The law requires SSNs to be reported on Form 1095-B. 

 

A5: No, it is not necessary for you to contact the IRS if you do not have an SSN or a TIN.  You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual.

 

I'm a little confused by the information on this webpage..

Unsure which link he should print out to show them, will keeping searching

 

IRS is to do with taxes and not the health insurance though no?

 

 

[LibertyBears 22]

52 minutes ago, Illiria said:

Total aside but Is it pay as you go? and have you tried your sim in another phone (unlocked and triband) - even my Tesco mobile sim works over here (it uses T-Mobile network) but I had to get an American unlocked Triband phone to put it in. I use mine once every six months to keep the number active for when I go back home. 

My particular sim card is a pay as you go CMHK and does not work abroad in the US.. it's automatically No Service outside of it's area 😕

[LibertyBears 22]

We are currently in new york state and this is what we found, unless we are mistaken, according to this it seems that SSN is required for insurance purposes ?

https://www.newpaltz.edu/media/human-resources/Health Insurance Transaction Form Documentation Requirements for PS-404.pdf

[yuna628 9,680]

19 minutes ago, LibertyBears said:

 

 

https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

 

A1. Your health insurance company is required to provide Form 1095-B PDF, Health Coverage to you and to the Internal Revenue Service. You will use information from the form to prepare your individual income tax return. The law requires SSNs to be reported on Form 1095-B. 

 

A5: No, it is not necessary for you to contact the IRS if you do not have an SSN or a TIN.  You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual.

 

I'm a little confused by the information on this webpage..

Unsure which link he should print out to show them, will keeping searching

 

IRS is to do with taxes and not the health insurance though no?

 

 

In layman's terms. The whole reason why they 'demand' an SSN is to report this to the IRS for the 1095-B (of which the previous admin did away with anyway). Health insurance got tied into the IRS because they needed to know if the individuals paying taxes were covered so that they did not have to pay the tax mandate. However, giving your SSN out to ANY entity other than the IRS directly is optional. An insurer is allowed to ask for it, up to several times, but YOU have the right to keep your number private unless the IRS contacts you directly. Federal law states (this was covered under the ACA 'Obamacare') an SSN is not required to obtain health insurance, and not being able to give out the number for any reason is not a barrier. This law applies whether you are using the federal or state exchanges, or a private insurer. For instance, when I purchased insurance for my husband, the insurer never asked for his SSN, and did not formally request it until ages later. Even then, I reserved the right to not provide this info and by law I do not have to. Their 'request' is an ask only, and they know full well they have a manual of procedures to follow when someone won't provide it. Many people however, have run into a stubborn HR or an ignorant phone rep, and have to be prepared to argue. They should know better. They are allowed to use a placeholder number or birthdate instead. You cannot give them what you do not have, and barring you from obtaining insurance, when you have a qualifying life event (QLE) is also against the law.

Edited June 23, 2021 by yuna628

[LibertyBears 22]

3 minutes ago, yuna628 said:

In layman's terms. The whole reason why they 'demand' an SSN is to report this to the IRS for the 1095-B (of which the previous admin did away with anyway). Health insurance got tied into the IRS because they needed to know if the individuals paying taxes were covered so that they did not have to pay the tax mandate. However, giving your SSN out to ANY entity other than the IRS directly is optional. An insurer is allowed to ask for it, up to several times, but YOU have the right to keep your number private unless the IRS contacts you directly. Federal law states (this was covered under the ACA 'Obamacare') an SSN is not required to obtain health insurance, and not being able to give out the number for any reason is not a barrier. This law applies whether you are using the federal or state exchanges, or a private insurer. For instance, when I purchased insurance for my husband, the insurer never asked for his SSN, and did not formally request it until ages later. Even then, I reserved the right to not provide this info and by law I do not have to. Their 'request' is an ask only, and they know full well they have a manual of procedures to follow when someone won't provide it. Many people however, have run into a stubborn HR or an ignorant phone rep, and have to be prepared to argue. They should know better. They are allowed to use a placeholder number or birthdate instead.

ahhhhh we understand now! 

 

Thank you so much for explaining it to us, we really appreciate it

Apologies to everyone that may seem like you all had to repeat the same thing, very unfamiliar with all of this and learning so much as we go.

 

 

Thank you again to all that has helped in the comments so far too

 

[Kaemouzy 16]

You can apply for your driver's license in new York under the green light law. https://dmv.ny.gov/driver-license/driver-licenses-and-green-light-law

[srilankanmafia 15]

No need to draw up a lease unless you're paying rent via check or bank transfer (i.e. paper trail). Just be honest about your living situation. 

You should only have to provide the marriage certificate to be added on to his insurance plan, but you must do so very quickly after you get married, usually within 30 days. 

Chase and Capital One will allow you to be added to credit cards as an authorized user without an SSN. 

You can also be added to a utility bill without a SSN, but since you live with your in-laws, that might not be possible at the moment. 

I would not mention the K-1 unless you're asked in the I-130 or in the interview.