# i-130 process



## lealdochter (Aug 4, 2010)

Hi all, just joined this forum from Austalia. My husband and I have been planning to emigrate to the US for a while. He is a US citizen and has recently moved back to the States to set up a job and home so that he can sponser me and the children. When he arrived he applied for his SSN, as he did not receive one as a child before leaving the country (Ca). He has been in the US for over 5 weeks. Still no SSN ...and it seems that noone at the SS Office is interested in answering the phone, let alone following up paperwork.
I have a few questions that I am interested in finding an answer for and would be grateful for some advice.
1. Does anyone have sugestions about how to speed up the process with the SSN?
2. Is it essential to have a SSN to apply for employment?
3. Is an SSN required to enter into a lease agreement for a home?
4. When you submit i-130 forms do you also submit the affidavit of support at the same time, or does it happen later?


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## twostep (Apr 3, 2008)

In a perfect world it will take about three weeks to get a SS#. Has your husband been to the SS office with his paperwork in hand to follow up on his request? Make sure he takes a book. Griping does not get you anywhere. A limited number of switchbaord operators can only answer a limited number of calls. He can try the phone route but will have to deal with extended hold periods.

No SS# no job with a reputable company. How has he filed his annual tax returns or signed for Selective Services without SS#?

Very few rental agents will lease without a background check which again requires a SS#.


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## Davis1 (Feb 20, 2009)

lealdochter said:


> Hi all, just joined this forum from Austalia. My husband and I have been planning to emigrate to the US for a while. He is a US citizen and has recently moved back to the States to set up a job and home so that he can sponser me and the children. When he arrived he applied for his SSN, as he did not receive one as a child before leaving the country (Ca). He has been in the US for over 5 weeks. Still no SSN ...and it seems that noone at the SS Office is interested in answering the phone, let alone following up paperwork.
> I have a few questions that I am interested in finding an answer for and would be grateful for some advice.
> 1. Does anyone have sugestions about how to speed up the process with the SSN?
> 2. Is it essential to have a SSN to apply for employment?
> ...


1.just fill in form SS5 and walk into any SSA office and queue 
2. yes.
3. mostly 
4. http://www.uscis.gov/USCIS/New Stru.../Resources-3rd level/How Do I Guides/A1en.pdf


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## lealdochter (Aug 4, 2010)

twostep said:


> In a perfect world it will take about three weeks to get a SS#. Has your husband been to the SS office with his paperwork in hand to follow up on his request? Make sure he takes a book. Griping does not get you anywhere. A limited number of switchbaord operators can only answer a limited number of calls. He can try the phone route but will have to deal with extended hold periods.
> 
> No SS# no job with a reputable company. How has he filed his annual tax returns or signed for Selective Services without SS#?
> 
> Very few rental agents will lease without a background check which again requires a SS#.


It is not a matter of griping, it is about being practical and being able to make sure he can afford to stay. Before my husband took the trip we called Social Security to get the estimate of how long it would take to receive a SSN in this particular circumstance. We were advised 8 days. 3 weeks absolute maximum. I have no issue that processing can run overtime and we have allowed for some contingency, but since joining this forum I have read of many instances where people are waiting up to 6 months for a SSN. That is a long time to wait with the sense of uncertainty, not being able to apply for a job, not able to get a lease for more affordable accomodation, not being able to open a bank account. 

I appreciate the role of the SSN as a centralised form of governance in the US but there are many aspects of its function I do not understand. I am hoping that through this forum, it will become clearer and perhaps there may be suggestions of how to work around these issues on a temporary basis. eg. what do you mean by a reputable company? Does that mean that there is no such thing as a legal cash-in-hand job in the US? At what level of engagement does an employer require an SSN? He is not looking for a career at this point, just a way to cover his own expenses until a SSN, and better job turns up. Any suggestions?


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## lealdochter (Aug 4, 2010)

Davis1 said:


> 1.just fill in form SS5 and walk into any SSA office and queue
> 2. yes.
> 3. mostly
> 4.
> ...


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## twostep (Apr 3, 2008)

lealdochter said:


> It is not a matter of griping, it is about being practical and being able to make sure he can afford to stay. Before my husband took the trip we called Social Security to get the estimate of how long it would take to receive a SSN in this particular circumstance. We were advised 8 days. 3 weeks absolute maximum. I have no issue that processing can run overtime and we have allowed for some contingency, but since joining this forum I have read of many instances where people are waiting up to 6 months for a SSN. That is a long time to wait with the sense of uncertainty, not being able to apply for a job, not able to get a lease for more affordable accomodation, not being able to open a bank account. ?


Unless there are significant issues it does not take six weeks to apply for and receive a SS#. Has your husband been to the SS Office by now?



lealdochter said:


> I appreciate the role of the SSN as a centralised form of governance in the US but there are many aspects of its function I do not understand. I am hoping that through this forum, it will become clearer and?


It is like administration in every place I lived - learn the rules and play by them. 



lealdochter said:


> perhaps there may be suggestions of how to work around these issues on a temporary basis. eg. what do you mean by a reputable company? Does that mean that there is no such thing as a legal cash-in-hand job in the US? At what level of engagement does an employer require an SSN? He is not looking for a career at this point, just a way to cover his own expenses until a SSN, and better job turns up. Any suggestions?



http://www.uscis.gov/files/form/i-9.pdf
This should explain your questions regarding a legal cash-in-hand job. No reputable employer will risk a finding in an EEOC audit over someone who is looking for a better job to turn up. 

You did not answer my questions about his US income tax filings which he will need for your application. Has he at least signed up for Selective Service? You stress the need for US income. Have you solved the financial side of his sponsorship for you and the children. You say he will sponsor the children which makes me assume they are not his. Have you cleared everything with the other party so you can take them out of country?


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## Fatbrit (May 8, 2008)

lealdochter said:


> He is a US citizen and has recently moved back to the States to set up a job and home so that he can sponser me and the children. When he arrived he applied for his SSN, as he did not receive one as a child before leaving the country (Ca). He has been in the US for over 5 weeks. Still no SSN ...and it seems that noone at the SS Office is interested in answering the phone, let alone following up paperwork.


The issue is that no SSN was issued when he was a child. This causes SSA to believe that he is applying for a second number, and they sometimes request copious proof as to why his parents did not originally apply for a number.

The best course of action at this point is to contact one of his federal congress persons. He has two senators and one representative based on where he is currently resident. Look up their web sites and find their SSA liaison support -- this person has the back office number to SSA folks who can make things happen. Choose one (and only one!) of them and submit your detailed info and whatever other paperwork they require.


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## twostep (Apr 3, 2008)

Fatbrit said:


> The issue is that no SSN was issued when he was a child. This causes SSA to believe that he is applying for a second number, and they sometimes request copious proof as to why his parents did not originally apply for a number.
> 
> The best course of action at this point is to contact one of his federal congress persons. He has two senators and one representative based on where he is currently resident. Look up their web sites and find their SSA liaison support -- this person has the back office number to SSA folks who can make things happen. Choose one (and only one!) of them and submit your detailed info and whatever other paperwork they require.


It sounds like he has not even tried pleading his case in person to find out what the hold up is. It can be something easily taken care of. Before he can rattle cages he needs to get his ducks in a row.


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## Fatbrit (May 8, 2008)

twostep said:


> It sounds like he has not even tried pleading his case in person to find out what the hold up is. It can be something easily taken care of. Before he can rattle cages he needs to get his ducks in a row.


Federal workers are a law unto themselves! There are two ways of kicking their behinds: congressional pressure and writ of mandamus.

The message for those with American children born abroad is sort their paperwork out now! They need a consular record of birth, SSN and passport. Don't dillydally!


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## Bevdeforges (Nov 16, 2007)

I think fatbrit is right here - the fact of his applying for his first social security number as an adult is causing red flags to shoot up in the system and that's most likely the cause of the delay. A personal appearance at the local social security office is probably called for - and chances are, he'll have to take a number and wait, so he should bring a good book to read.

No SS# also means he hasn't filed US taxes before. He'll have to get those done before he'll be able to sponsor you, if I understand the system correctly. As long as "the children" are his children, they should already be US citizens based on his citizenship. Were they registered with the Consulate when they were born? Because they are going to need US passports to enter the US if they are citizens.

BTW, how did your husband get a US passport without having a SS#? That may also be raising a few red flags in the process and aggravating the delay.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Fatbrit said:


> Federal workers are a law unto themselves! There are two ways of kicking their behinds: congressional pressure and writ of mandamus.!


Unless OP's husband gets his act together he can neither kick nor anthing. I find it easier to catch flies with honey.



Fatbrit said:


> The message for those with American children born abroad is sort their paperwork out now! They need a consular record of birth, SSN and passport. Don't dillydally!


Who are you telling! It took my naturalization to find out my husband was naturalized and no signature on the certificate to boot.


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## lealdochter (Aug 4, 2010)

[


> quote=twostep;353159]Unless there are significant issues it does not take six weeks to apply for and receive a SS#. Has your husband been to the SS Office by now?


He applied in person and has been back several times since.



> It is like administration in every place I lived - learn the rules and play by them.


Happy to do both, just want to make sure we get it right and don't make too many costly mistakes.



> http://www.uscis.gov/files/form/i-9.pdf
> This should explain your questions regarding a legal cash-in-hand job. No reputable employer will risk a finding in an EEOC audit over someone who is looking for a better job to turn up.


I don't quite understand your point. This form seems to suggest (Section 1) that the provision of a SSN is voluntary, not mandatory. As a citizen he is able to provide a passport as proof of authorization to work.



> You did not answer my questions about his US income tax filings which he will need for your application.


He left the US as a child and has only recently applied for his passport for the first time and has not been required to file income tax with the US, under the dual tax arrangement between Australia and the US. He has tax clearance statements from Australia which he may have been required to produce when he applied for his SSN - I'm not sure. 
Please correct me if I'm wrong, but from what I can tell from the IRS website he does not have anything he needs to do until he has an SSN and needs to lodge a tax return.



> Has he at least signed up for Selective Service?


He is over 26, but I will send him the link.



> You stress the need for US income. Have you solved the financial side of his sponsorship for you and the children.


Once he has an SSN and has gained permanant employment then we'll start the I-130 process. I realize that in the current economy this can take time and we are willing to persist with this. Not having a SSN obviously slows this down 



> You say he will sponsor the children which makes me assume they are not his. Have you cleared everything with the other party so you can take them out of country?
> 
> 
> > I should have said 'our' children but do they not automatically qualify as US Citizens.


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## lealdochter (Aug 4, 2010)

Fatbrit said:


> The issue is that no SSN was issued when he was a child. This causes SSA to believe that he is applying for a second number, and they sometimes request copious proof as to why his parents did not originally apply for a number.
> 
> The best course of action at this point is to contact one of his federal congress persons. He has two senators and one representative based on where he is currently resident. Look up their web sites and find their SSA liaison support -- this person has the back office number to SSA folks who can make things happen. Choose one (and only one!) of them and submit your detailed info and whatever other paperwork they require.


Thanks for the advice. This was something we had discussed. The reassurance of an independant opinion is always very reaffirming.
L


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## lealdochter (Aug 4, 2010)

twostep said:


> It sounds like he has not even tried pleading his case in person to find out what the hold up is. It can be something easily taken care of. Before he can rattle cages he needs to get his ducks in a row.


 His ducks are in a row, its aligning the planets that is proving more difficult!


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## lealdochter (Aug 4, 2010)

> No SS# also means he hasn't filed US taxes before. He'll have to get those done before he'll be able to sponsor you, if I understand the system correctly.


He has not been required to until now. The best sens I can make out of the IRS page is that he needs a SSN before he can do anything else in this regard, but if anyone has a good link on this it would be much appreciated.



> As long as "the children" are his children, they should already be US citizens based on his citizenship. Were they registered with the Consulate when they were born? Because they are going to need US passports to enter the US if they are citizens.


Sadly, they are not eligible for citizenship. My husband was able to apply for his passpot at the consulate but when it came to the children he received a letter advising that he did not have the right to pass on his US Citizenship because he did not spentd enough time in the country after the age of 14. 



> BTW, how did your husband get a US passport without having a SS#? That may also be raising a few red flags in the process and aggravating the delay.


The instructions for US Passport applcation recommends to enter "0"s into the field if you do not have a SSN. I know several US expats who don't have a SSN because they left the country before the 1983 reforms, so it is probably not as uncommon as it would seem.
Cheers
L


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## twostep (Apr 3, 2008)

lealdochter said:


> His ducks are in a row, its aligning the planets that is proving more difficult!


What is the gist of his SSA visits?


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## Fatbrit (May 8, 2008)

lealdochter said:


> I don't quite understand your point. This form seems to suggest (Section 1) that the provision of a SSN is voluntary, not mandatory. As a citizen he is able to provide a passport as proof of authorization to work.


The passport will suffice as the proof for I9. HR and payroll will play up though until he gets his SSN. 



lealdochter said:


> He left the US as a child and has only recently applied for his passport for the first time and has not been required to file income tax with the US, under the dual tax arrangement between Australia and the US. He has tax clearance statements from Australia which he may have been required to produce when he applied for his SSN - I'm not sure.
> Please correct me if I'm wrong, but from what I can tell from the IRS website he does not have anything he needs to do until he has an SSN and needs to lodge a tax return.


USCs are always obliged to file a tax return unless their income for that year falls below some measly amount. He will need to submit the previous 3 years returns when he petitions for your visas. 



lealdochter said:


> He is over 26, but I will send him the link.


He won't be able to register, then.




lealdochter said:


> I should have said 'our' children but do they not automatically qualify as US Citizens.


So children will need an immigrant visa. By a strange quirk of the law, they will become instant USCs on entry.


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## lealdochter (Aug 4, 2010)

twostep said:


> What is the gist of his SSA visits?


He has been back twice to follow up with his application. At first they brushed him off. Te next time they told him that it is up to the originating state of his birth certificate to process and there is nothing that can be done about it.


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## twostep (Apr 3, 2008)

lealdochter said:


> He has been back twice to follow up with his application. At first they brushed him off. Te next time they told him that it is up to the originating state of his birth certificate to process and there is nothing that can be done about it.


Brushed off? 
I really do not understand what he is doing. Someone gives me an explanation like that I would start with the supervisor and work my way up to the center manager until there is clarification of my problem.


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## lealdochter (Aug 4, 2010)

> He won't be able to register, then.


Reading the website it looks like if he was ever required to provide a letter of status, his military service in Australia would be considered. 



> So children will need an immigrant visa. By a strange quirk of the law, they will become instant USCs on entry.


[/QUOTE]
If you're referring to the Child Citizens Act... I had thought so, but I have since read contradictory information and am now unsure whether he will need to enter the country with the children (although this is not specified in the Act but seems to be a common understanding), or if they will automatically become citizens when they begin to reside with him.

The consulate here are unwilling to advise on this matter as it is the jurisidiction of UCIS. I have tried to contact UCIS, but getting through is proving very difficult. Once again, it is something we really want to make sure we get right!


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## Bevdeforges (Nov 16, 2007)

lealdochter said:


> He has not been required to until now. The best sens I can make out of the IRS page is that he needs a SSN before he can do anything else in this regard, but if anyone has a good link on this it would be much appreciated.


Meaning that he has not had any income? This is a real trap for US citizens in situations similar to your husband's and for those US citizens born overseas who have never lived in the US. Technically, he IS required to file any year that his worldwide income exceeds the published threshold. For "married filing separately" (which would be his status at the moment), the threshold is $3650 (for the 2009 filing year). Chances are, if the bulk of his income comes from employment, he'd be able to exclude it all under the "Overseas Earned Income Exclusion" - but he still is required to make a filing and declare all his income. (And you are required to have a social security number in order to file.)

People live overseas for years without filing and generally don't run into problems until and unless something happens, like wanting to return to the US and sponsor family members. Normally, they can be "exonerated" for their failure to file by filing the current year and 3 prior years, basically proving that they owed no (or very little) tax during that period of time. 

And he'll need to do those tax filings before he can start the process for sponsoring your visa and the visas for the children.

For those back tax filings, the basic information is all contained in IRS publication 54, available on the IRS website, for Overseas Filers, however a basic understanding of how the tax returns work would really help. They aren't that difficult to fill out yourself (if your income is mostly from salary and wages) but that assumes some familiarity with the system and the forms, which he probably doesn't have yet. There are ways to get help with the tax forms, but first of all he has to get that social security number, and given the "unusual" situation he's in, that's going to take some time and effort.
Cheers,
Bev


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## lealdochter (Aug 4, 2010)

twostep said:


> Brushed off?
> I really do not understand what he is doing. Someone gives me an explanation like that I would start with the supervisor and work my way up to the center manager until there is clarification of my problem.


Which was exactly his reaction and the process that he has been taking. Two visits, several phone calls. The result has been more lip service, so that is why we had been talking about seeking out the local congress representative. I don't think it is his approach that is in question here. He is quite a capable individual I assure you 

Through this thread I have been interested to learn what is considered to be a reasonable delay, seek advice about the best way to go about hastening the process when all the usual attempts fail and what can and can't be acheived without a SSN, as a back-up solution, while this process is being delayed. You're information has been great and your questions very helpful, for which I am very grateful.


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## lealdochter (Aug 4, 2010)

There are ways to get help with the tax forms, but first of all he has to get that social security number, and given the "unusual" situation he's in, that's going to take some time and effort.
Cheers,
Bev[/QUOTE]

Thanks Bev, I guess its back to that golden number again. 
L


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## Fatbrit (May 8, 2008)

lealdochter said:


> If you're referring to the Child Citizens Act... I had thought so, but I have since read contradictory information and am now unsure whether he will need to enter the country with the children (although this is not specified in the Act but seems to be a common understanding), or if they will automatically become citizens when they begin to reside with him.
> 
> The consulate here are unwilling to advise on this matter as it is the jurisidiction of UCIS. I have tried to contact UCIS, but getting through is proving very difficult. Once again, it is something we really want to make sure we get right!


If they are unmarried and under 18, they will become citizens at the time they enter on an immigrant visa. Their sponsor (father in this case) needs to already be resident or arrive with them.

You should immediately file for their first US passport as proof.
You should also consider filing an N600 for an additional proof of their citizenship.


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## Fatbrit (May 8, 2008)

lealdochter said:


> Reading the website it looks like if he was ever required to provide a letter of status, his military service in Australia would be considered.


This is not a biggie. He may find himself excluded from some federal benefits -- student grants/loans come to mind.


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## twostep (Apr 3, 2008)

Fatbrit said:


> If they are unmarried and under 18, they will become citizens at the time they enter on an immigrant visa. Their sponsor (father in this case) needs to already be resident or arrive with them.
> 
> You should immediately file for their first US passport as proof.
> You should also consider filing an N600 for an additional proof of their citizenship.


Can you elaborate a bit for me? Thank you.


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## Fatbrit (May 8, 2008)

twostep said:


> Can you elaborate a bit for me? Thank you.


Which bit?


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## twostep (Apr 3, 2008)

Fatbrit said:


> Which bit?


Offspring automatically receiving citizenship when parent has not spent the XYZ years in US ..... Down South it is called getting blood out of a turnip:>)


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## Fatbrit (May 8, 2008)

twostep said:


> offspring automatically receiving citizenship when parent has not spent the xyz years in us ..... Down south it is called getting blood out of a turnip:>)


8 u.s.c. §§ 1431-33


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## lealdochter (Aug 4, 2010)

twostep said:


> Offspring automatically receiving citizenship when parent has not spent the XYZ years in US ..... Down South it is called getting blood out of a turnip:>)


Do you mean that you don't think the Child Citizens Act will apply? The policy implies that one parent needs to be a US citizen, the children must reside with them and they need to enter on a permanant visa. So although the children have been denied citizenship abroad, they will be considered citizens once they enter the country.


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## lealdochter (Aug 4, 2010)

> You should immediately file for their first US passport as proof.
> You should also consider filing an N600 for an additional proof of their citizenship.


Definately. Based on our recent experience, would I be right in thining it might pay off to wait for at least 10 days for their information to be processed with homeland security?


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