Spousal process

[Emmah1979 3]

Hey Guys. 
 

i have a rather adamant friend who is convinced that I the non US spouse does not need to go back to my home country after marriage. Apparently she says I can go to the court and register and get given my SSN number there and then and then work. 
 

we have filed the CR1. Because I fell that is the correct way to do it. So regarding what my friend is saying and confusing me is that true what I have written above or are we correct to be doing the cr1 process?  I haven’t heard about spouses staying in the usa after marriage and not going back and getting a green card and Ssn by registering at a court? 
 

many thanks emma 

[milimelo 4,477]

You are correct with CR-1 process. 

[Redro 4,611]

6 minutes ago, Emmah1979 said:

Hey Guys. 
 

i have a rather adamant friend who is convinced that I the non US spouse does not need to go back to my home country after marriage. Apparently she says I can go to the court and register and get given my SSN number there and then and then work. 
 

we have filed the CR1. Because I fell that is the correct way to do it. So regarding what my friend is saying and confusing me is that true what I have written above or are we correct to be doing the cr1 process?  I haven’t heard about spouses staying in the usa after marriage and not going back and getting a green card and Ssn by registering at a court? 
 

many thanks emma 

Where are you right now?

The US or the UK?

IF you are in the US what visa are you on? 

You can only work in the US if you receive a work permit and that is currently taking 8 months in most places.

Getting married to a US citizen does not automatically confer any immigrant or work benefits. 

 

Check out the guides: 

US citizen in the US and Spouse overseas

US Citizen and Spouse both in the US

Edited May 6, 2022 by ROK2USA

[Rocio0010 5,579]

14 minutes ago, Emmah1979 said:

the non US spouse does not need to go back to my home country after marriage

Depends on what visa you came with. If you were (for example) on a student visa for a while, and you decided to get married and adjust status within the US, you should not leave. I myself and tons more did that. However, if you married and filed for a CR1, you need to wait it out outside of the country.

 

16 minutes ago, Emmah1979 said:

Apparently she says I can go to the court and register and get given my SSN number there and then and then work. 

Wrong. If you stay here and file for AOS, you have to file form I 765 and wait until you get your EAD in order to work. If you file for a CR1, once you have the visa and fly into the US, you will be a resident as soon as you land, and thus you'll be able to travel.

 

Your friend should refrain from giving advice on immigration. Clearly they don't know what they're talking about.

[Boiler 45,486]

Social Security Numbers are not issued by Courts

[Emmah1979 3]

2 hours ago, ROK2USA said:

Where are you right now?

The US or the UK?

IF you are in the US what visa are you on? 

You can only work in the US if you receive a work permit and that is currently taking 8 months in most places.

Getting married to a US citizen does not automatically confer any immigrant or work benefits. 

 

Check out the guides: 

US citizen in the US and Spouse overseas

US Citizen and Spouse both in the US

 Am currently in the us. I leave soon but I agree with you for sure. I was trying to tell my friend about this and she is like my friends overstayed their visas and got a AOS and they forgave them and granted them rights.  I know that’s not true. But I had to put the comment out there to show here you can’t just do that. 
 

we are currently going through the cr1 process and we are doing the correct steps.  I go back and carry on working and getting stuff ready etc etc. but she was just convinced you don’t have to go back!! We all want to do the right thing. 
 

One of her quotes was that process the cr1 is for people who can’t get into the usa. But I was saying no it’s for spouses. Etc etc. but thank you for your comment and I will have to tell her she is incorrect. 

[Emmah1979 3]

2 hours ago, Rocio0010 said:

Depends on what visa you came with. If you were (for example) on a student visa for a while, and you decided to get married and adjust status within the US, you should not leave. I myself and tons more did that. However, if you married and filed for a CR1, you need to wait it out outside of the country.

 

Wrong. If you stay here and file for AOS, you have to file form I 765 and wait until you get your EAD in order to work. If you file for a CR1, once you have the visa and fly into the US, you will be a resident as soon as you land, and thus you'll be able to travel.

 

Your friend should refrain from giving advice on immigration. Clearly they don't know what they're talking about.

Exactly thank you for clarifying that. I wasn’t too happy about it when she said her friends and other family have done that. They over stayed their visa. Got married and then AOS and then apparently they were forgiven and given rights. That is such a gamble. And I want to do it correct. And it frustrates me when we all go though the correct channels and I hear this. I think she shouldn’t advise on immigration. Your correct.  
 

 

[Rocio0010 5,579]

1 minute ago, Emmah1979 said:

 I know that’s not true

Well, she is right. You can overstay your visa and unauthorized stay and work are fogiven as a courtesy to the USC. For example, someone comes on a tourist visa to visit their fiance. While they're visiting, the fiancé proposes. Then they decide to stay and adjust. That is legal. What is fraud is to come with a tourist visa with the preconceived intent of adjusting status.

In your case, if you wanted to, you could stay and adjust your status here. You could withdraw your CR1 as long as you did not lie at the POE about the aim of your visit.

[Boiler 45,486]

Different questions produce different answers VJ has a section for adjusting 

[Rocio0010 5,579]

2 minutes ago, Emmah1979 said:

That is such a gamble

It is not, as long as their circumstances changed while being in the US. 

 

3 minutes ago, Emmah1979 said:

I think she shouldn’t advise on immigratio

My point was that friend was inaccurate on saying that courts issue SSN. SSNs are issued only by the SSA. People that adjust status mark the option "yes" when asked if you are applying for a SSN on form I-485

[Emmah1979 3]

1 minute ago, Rocio0010 said:

Well, she is right. You can overstay your visa and unauthorized stay and work are fogiven as a courtesy to the USC. For example, someone comes on a tourist visa to visit their fiance. While they're visiting, the fiancé proposes. Then they decide to stay and adjust. That is legal. What is fraud is to come with a tourist visa with the preconceived intent of adjusting status.

In your case, if you wanted to, you could stay and adjust your status here. You could withdraw your CR1 as long as you did not lie at the POE about the aim of your visit.

Oh how interesting. We got married and we are just so sad to have to part and wait. I need to work. How long does a AOS last? But too be honest like I said I need to carry on working and I would like to transfer with my work so I guess I need to carry on with the cr1 process. 

[Boiler 45,486]

EAD has been taking around 8 months on average 

[Rocio0010 5,579]

22 minutes ago, Emmah1979 said:

Oh how interesting. We got married and we are just so sad to have to part and wait. I need to work. How long does a AOS last? But too be honest like I said I need to carry on working and I would like to transfer with my work so I guess I need to carry on with the cr1 process. 

EAD around 8-9 months. AOS on average 1-2 years 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

5 hours ago, Emmah1979 said:

We got married and we are just so sad to have to part and wait. I need to work. How long does a AOS last? But too be honest like I said I need to carry on working and I would like to transfer with my work so I guess I need to carry on with the cr1 process.

 

If you need to work immediately, CR1 is the right process for you.  Although staying and adjusting status is a legal option for you right now while you are in the US, you would not be authorized to work without an EAD work permit or a green card.  As others have already said, either of those will take many months.  Also, no such thing as getting SSN from the court.  SSN is issued by SSA, and will only be available in your case if you get either EAD or GC.

 

[Redro 4,611]

@Emmah1979 you should update your profile as it states "EB-1" not IR-1/CR-1. 

Maybe also see if you can update your timeline as it reflects your the petition with your ex from 2017.