AOS with expired I-94

[StateSide 0]

I need some advise/assistance. my K-1 Fiance entered the US and we went and got her a social security card in her maiden name. After we had the SS card we got married within the 90 days. When we went back to the social security office they denied changing her name because they said her I-94 was about to expire. Soon after i had to move to another state because of my job. We did not notify anyone that we were moving. I called and talked with info pass and they told me that my wife was out of Status and could not be deported because we had legally gotten married within the 90 days. Moving expences along with unforseen medical bills caused us to have to put off the process further. I am now finally in a financial position to complete the process of the AOS.

Now that i have had time to do some more research i am in fear that I have made some mistakes and need to correct them. What steps do i need to take to get this headed down the right path?

[Bobby+Umit 161]

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

[venusfire503 54]

StateSide,

Just a suggestion - include a copy of the change of address forms with the AOS packet to show that you are sending them, even though they are late. I sent my husband's change of address last year when we moved, but didn't realize I had to send one for myself. I found out about it as I was assembling my ROC packet. I quickly sent out the change of address form (with apologetic cover letter) that day, and finished the ROC packet to send the next day - and included a cover letter explaining why I sent the change of address form late, a copy of the change of address form, and even copies of the mailing receipt for good measure. I figured it can't hurt.

As far as the social security office, I can't figure out why they didn't let her get a new card with her new name.... I hope someone else can help you with that one. My SO got his card before the wedding, too, but he didn't have to worry about changing his name...

Good luck!

venusfire

[Elghazi2008 4]

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

As long as you have married your SO within the 90 days, deportation is not an option. You may be out of status, BUT you are not here illegally. There have been others on visajourney who can vouch for this as well. You should file for AOS as soon as you can, but deportation is not something you need to worry about if the I-94 has expired. You do want your new wife to be able to visit her home country though, and AOS is necessary for her to be able to see her family. Updating the address should be done quickly as well though because USCIS should be able to contact you if need be. :-) Hope that helps

[payxibka 10,044]

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

As long as you have married your SO within the 90 days, deportation is not an option. You may be out of status, BUT you are not here illegally. There have been others on visajourney who can vouch for this as well. You should file for AOS as soon as you can, but deportation is not something you need to worry about if the I-94 has expired. You do want your new wife to be able to visit her home country though, and AOS is necessary for her to be able to see her family. Updating the address should be done quickly as well though because USCIS should be able to contact you if need be. :-) Hope that helps

Without the I-485 having been submitted there is NO protection to the alien... and they are indeed out of status and subject to deportation if discovered. Simply being married to a USC (timely or not) is not enough.

Edited May 29, 2009 by payxibka

[Linkin 0]

If you get married within 90 Days and apply for AOS with expired I-94 It will be fine. With ICE, they can take you to the Immi dept if found you are out of status and didn't apply For AOS, but they can't deport you without Judge decision. and if she or he likely to go before the judge and show their NOA, their case will be dropped right away. There is %O chances of deportation unless you do any severe crime or you become a risk for national security

There are some ppl here on VJ who had the same case but they are now in process of AOS gettin' approved.

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

[Bobby+Umit 161]

If you get married within 90 Days and apply for AOS with expired I-94 It will be fine. With ICE, they can take you to the Immi dept if found you are out of status and didn't apply For AOS, but they can't deport you without Judge decision. and if she or he likely to go before the judge and show their NOA, their case will be dropped right away. There is %O chances of deportation unless you do any severe crime or you become a risk for national security

There are some ppl here on VJ who had the same case but they are now in process of AOS gettin' approved.

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

That's the thing. They didn't file for the AOS, they do not have the NOA, so they are not safe from ICE. Key words here are "could be".

Yes, they would have to go through all the hoops if they get caught up by ICE, bail, time spent proving, etc, and they do have a slight chance of getting deported. I wouldn't say it's zero (0) percent. Everyones case is different.

So, again, file the AOS asap and then your "legally safe", prior to that, out of status, your at the mercy of the IJ/ICE. Do you really want to chance it?

(several posts on this board of run-ins like this, not a good place to be)

[Linkin 0]

Well Said!

If you get married within 90 Days and apply for AOS with expired I-94 It will be fine. With ICE, they can take you to the Immi dept if found you are out of status and didn't apply For AOS, but they can't deport you without Judge decision. and if she or he likely to go before the judge and show their NOA, their case will be dropped right away. There is %O chances of deportation unless you do any severe crime or you become a risk for national security

There are some ppl here on VJ who had the same case but they are now in process of AOS gettin' approved.

She could be deported - ICE doesn't care if you got married.

anyway - file for the AOS ASAP - like start today. You should also update your/hers address - use the I-865 and the AR-11 (both on uscis.gov)

That's the thing. They didn't file for the AOS, they do not have the NOA, so they are not safe from ICE. Key words here are "could be".

Yes, they would have to go through all the hoops if they get caught up by ICE, bail, time spent proving, etc, and they do have a slight chance of getting deported. I wouldn't say it's zero (0) percent. Everyones case is different.

So, again, file the AOS asap and then your "legally safe", prior to that, out of status, your at the mercy of the IJ/ICE. Do you really want to chance it?

(several posts on this board of run-ins like this, not a good place to be)

[Misyel 0]

Hi

I came in as a tourist and got married to a citizen in feb 09. We filed AOS and I-130, and received the appointment for biometrics but we were worried on the I-94 that is about to expire before the biometrics appointment. Do we need to request for an extension to stay here?

Thank you

[Bobby+Umit 161]

Hi

I came in as a tourist and got married to a citizen in feb 09. We filed AOS and I-130, and received the appointment for biometrics but we were worried on the I-94 that is about to expire before the biometrics appointment. Do we need to request for an extension to stay here?

Thank you

If you have the NOA from the AOS filing (which you probably do, since you have a Bio appointment) your status is "applicant to adjust status".

You do not need an extension for the I-94.

[Misyel 0]

Hi

I came in as a tourist and got married to a citizen in feb 09. We filed AOS and I-130, and received the appointment for biometrics but we were worried on the I-94 that is about to expire before the biometrics appointment. Do we need to request for an extension to stay here?

Thank you

If you have the NOA from the AOS filing (which you probably do, since you have a Bio appointment) your status is "applicant to adjust status".

You do not need an extension for the I-94.

Thanks! Hopefully everything turns out well

[merkin&regine 18]

StateSide,

Just a suggestion - include a copy of the change of address forms with the AOS packet to show that you are sending them, even though they are late. I sent my husband's change of address last year when we moved, but didn't realize I had to send one for myself. I found out about it as I was assembling my ROC packet. I quickly sent out the change of address form (with apologetic cover letter) that day, and finished the ROC packet to send the next day - and included a cover letter explaining why I sent the change of address form late, a copy of the change of address form, and even copies of the mailing receipt for good measure. I figured it can't hurt.

As far as the social security office, I can't figure out why they didn't let her get a new card with her new name.... I hope someone else can help you with that one. My SO got his card before the wedding, too, but he didn't have to worry about changing his name...

Good luck!

venusfire

This is just an info for our VJ members, the reason why the OP got her change of name denied is that the I-94 expiration date is within 2 weeks. If you go to SSA and apply or change name and your I-94 is going to expire in the next 2 weeks, they will deny it. They will not change your name nor give you a SS number(for initial SSN applicant) until you get your green card.

So, the OP here can definitely change her name to married name when she gets his/her Green Card.

[Kathryn41 3,205]

Just to let people know - this is a 3 year old thread. There is no need to respond to it.

If you have a question or comments about obtaining/changing a SSN please start a new thread in the "Working or Travelling During US Immigration" forum where SSN are discussed. Thank you.