Cofused-aos filing- please help!!

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gemini78

New Member
:confused:

Hi everyone, my husband and I are filing AOS on our own (he is USC) and are a little confused on some things and need to make sure..(may be staring at forms too long).THANKS IN ADVANCE to all who may be of help :)

1. Are we to file I-130 and the I-485 package at the same time? It seems somewhere along the line we concluded the I-130 had to be approved before proceeding.

2. Am filing I-120 for replacement of I-94 doc...saw a thread saying this form should be sent together with I-485 to same lock box....per I-120 instructions...does this mean Adjustment of Status and Change of Status mean the same thing?

3. I entered on F1 and am out of status....was issued a non-working SSN which was lost along with I-94....SSN - I do not recall...I-94 # I still have (just not the card)...I am unable to request new SSN card due to status. What should I put in "SSN (if any)" box? Do I leave it empty? And do I still complete all forms with I-94# without actual replacement in hand (yet), or leave that blank as well and reference I-120 app?

Please help if you can, we are filing ourselves to save money but am about ready to contact a lawyer (did consult one awhile ago who said I should be fine but not so sure anymore) :eek:

Thanks :)
 
1. Yes - you file I-130 and I-485 together (along with any other relevant form ), since you are applying based on marriage to a USC.
2. You mean I-102, right? do you have a stamp on the passport from your latest entry? the reason that you are applying for the I-94 is not for change of status , but because you lost your I-94 - so you apply separately. Safest thing is probably applying for the I-94 first and then do the AOS. Check out some lawyers thoughts here - http://www.avvo.com/legal-answers/planing-to-file-i-485-but-lost-my-i-94---married-t-184579.html
3. Did you ask the SS office for help locating the number rather than requesting a new card?
 
gemini78 said:
1. Are we to file I-130 and the I-485 package at the same time? It seems somewhere along the line we concluded the I-130 had to be approved before proceeding.
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Either you file them together, or you file I-130 first and then file I-485 later when you get the I-130 receipt or approval notice.
3. I entered on F1 and am out of status....was issued a non-working SSN which was lost along with I-94....SSN - I do not recall...I-94 # I still have (just not the card)...I am unable to request new SSN card due to status. What should I put in "SSN (if any)"
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You need to find out your SSN. If you remember when and where you applied for it, and go to the SS office and show your ID, they probably will tell you what it is.

Don't you have documents like a W-2 or tax return or paystub with your SSN on it?
 
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I feel a little daft. Jackolantern, my ssn did not permit employment and was therefore tax exempt, after marriage and no #, my husband filed jointly using an itin # he applied for me. They did not tell me I could just locate my number, miscommunication :o but I will return to SSN office asap. Thank you!

EasyGration...yes, sorry I did mean I-102...I know my I-94 number and lost the card...question is do I fill it in on the forms without recieving (replacement) card yet? Was hoping I could send I-485 with NOA for I-102 if recieved...I read the processing time for a replacement I-94 is a little long?

Thank you, I appreciated your replies immensely! :D
 
gemini78 said:
I feel a little daft. Jackolantern,and was therefore tax exempt, after marriage and no #, my husband filed jointly using an itin # he applied for me.
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You had F-1 status, so you could have used it for on-campus employment. And when you work on campus with F-1 status the income is not tax exempt.

What did you use the SSN for, if you didn't use it to work and didn't use it on your tax return? Did you use it for anything? A bank account, maybe?
 
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I-102 processing time is about 2.5 months. Is the AOS application urgent? My 2 cents, get things in the right order to avoid future problems, but I might be wrong.
 
Went to SSN office and ofcourse my number was located:o:o:o

EasyGration, Will take advice and file in proper order...no not urgent, and def don't want future problems.

Thanks again!
 
hello there,
i have a similar case (ENTERED the US on f-1,lost my passport and i-94,then overstayed for about a year,and now married to an USC for about 2 months). We are currently filling the i-102 application,but don't know what to answer the questions above:
1-current nonimmigrant status: should we put "out of status" OR ''AOS" ?
2-are u filling this application with any other petition or application? Should we answer No, assuming that we'll send the I-130 and the I-485 package only when we get the i-94 replacement.
Thank you for your time,and any prompt answer will be greatly appreciated.
 
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