QUESTION

How long after filing I-130 can I expect work visa and social security number?

Asked on Nov 07th, 2013 on Immigration - Washington
More details to this question:
Hello, I came to the U.S. 10 years ago on visitors visa and have been here ever since. We had children (u.S. Citizens age 11 & 8) I separated from my husband also non citizen two years ago and the divorce was final this past March 2012. I recently remarried my U.S. citizen fiancee and our son was just born. We were dating approx. 1 1/2 years prior to getting married. My husband (U.S. Citizen) wants to apply for a Visa I-130, I-485, I765. Will they try and send me back to my country? If not how long after filing I-130 can I expect work visa and social security number. Any help would greatly be appreciated.
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5 ANSWERS

It usually takes about 90 days after the I-130/I-485 is filed to get the employment authorization document and once you have that you can apply for the social security number which will take another several weeks for the number to be sent to you.
Answered on Nov 13th, 2013 at 2:11 PM

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Since you came legally to the U.S., your marriage to a U.S. citizen now makes you eligible to adjust status. Immigration Service will not try to deport you, unless you are inadmissible because of a) previous immigration law violations (fraudulent marriage to a U.S. citizen or permanent resident, illegal entries, deportation, etc.), or b) criminal conviction(s); or c) communicable disease of public significance; or d) other reasons. You can expect to get work authorization in ~3 months after filing the application, and can apply for a Social Security number after that.
Answered on Nov 13th, 2013 at 3:49 AM

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Adebola O. Asekun
If you came to the United States with a B-2 visitor's visa (even if it has since expired) you can obtain your green card in the US and would not have to return to your country to visa process. You must file a Form I-485 (green card) application at the same time of filing the Form I-130 petition by your new US citizen spouse as well as your I-765 Work permit. Once CIS receives your completed applications, you should get your work permit within 90 days. And with it, you can apply for social security which usually takes about 2 weeks to process. From filing to your joint interview, and hopefully getting your green card, the entire process should take no more than 180 days. Please note that applying for green card often involves consideration of many other issues not mentioned here, and so, you are ultimately better off in hiring an experienced lawyer to assist you.
Answered on Nov 13th, 2013 at 3:24 AM

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Rebecca T White
If you now have a valid marriage to a US citizen and have been in the US since you roast entry on a visitor visa, you may file the I-130 and I485 and I-765 at this time. It will be around three months before work authorization is issued, and around six months before the adjustment interview is set.
Answered on Nov 13th, 2013 at 3:18 AM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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You came in lawfully on a visa, so you will not have to return to your home country now that you married a USC. Your husband can and should file for your green card. The entire process may take about six months or less, but your employment authorization card should arrive within 90 days from the date the USCIS receives your application package.
Answered on Nov 13th, 2013 at 3:04 AM

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