Jump to content
brucejen

Expired i-94 not applied AOS yet, SSN denied, expired Passport what to do

13 posts in this topic

Recommended Posts

Hi,

I know somebody who got here in US through K1 visa, got married within 90 days. Her I-94 expired 2 months ago and have never filed AOS. She applied for SSN but got denied on grounds that her visa was expired and she has no legal status to be given SSN. Her Passport will expire in 2 months too. with her 12 weeks on the way, can't get insurance and bills starting to file up. I don't know if they have idea how important it is to apply for AOS before her I-94 expires, but they let their K1 petition approval expired too in the first place. What are the best option they got? Her days of being out of status is counting, if she reach the 180 days mark, will this be a ground for removal fi they still won't apply for GC? I'd like to hear your thoughts so I can share.


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

Share this post


Link to post
Share on other sites

The best that she can do is to file AOS,for her to be able to have legal status here,and yes they are always looking for i-94 like ssn,state id etc..If she don't file AOS then of course she will going to face difficulties obtaining document here.

Edited by hardrockangel

Share this post


Link to post
Share on other sites

There is no requirement to file for AOS before the I-94 expires, it will make no diffference whether she files before or after the expiry on the I-94. However she needs to file is ASAP in order to make her life easier, get a SSN and be able to work.

Share this post


Link to post
Share on other sites

Also, when she files her AOS, she can also file for the EAD (work authorization). That will come shortly after filing, and then she should be able to get her social security card based on that, while her AOS is pending.

Share this post


Link to post
Share on other sites

It took us more than 2 years to file AOS. There was no problem though. But for her because she is preggy need to file it asap. She will need docs giving birth. Hospital will get SSN, etc... i think


AOS sent - 04/03/2016

AOS rc'd - 04/06/2016

Txt Message - 04/22/2016

NOA Hard Copy - 04/25/2016

Biometric Sched - 05/10/2016

Re-take Biometric - 06/07/2016

RFE on EAD - 06/29/2016 [case status online]

Rc'd RFE letter on mail - 07/05/2016

RFE docs mailed back - 07/05/2016

EAD was APPROVE! - 07/13/2016

EAD Card on hand - 07/19/2016

Card for i-485 is being produced. No interview = 08/26/2016

NOW WAITING FOR I-485

08/04/2016 = RFE

CARD ON HAND!!

SSN

07/25/2016 = Filed...Still waiting til date :(

08/25/2016 - SSN on hand

Share this post


Link to post
Share on other sites

Hi,

I know somebody who got here in US through K1 visa, got married within 90 days. Her I-94 expired 2 months ago and have never filed AOS. She applied for SSN but got denied on grounds that her visa was expired and she has no legal status to be given SSN. Her Passport will expire in 2 months too. with her 12 weeks on the way, can't get insurance and bills starting to file up. I don't know if they have idea how important it is to apply for AOS before her I-94 expires, but they let their K1 petition approval expired too in the first place. What are the best option they got? Her days of being out of status is counting, if she reach the 180 days mark, will this be a ground for removal fi they still won't apply for GC? I'd like to hear your thoughts so I can share.

Another update, the husband is complaining how the wife have changed attitude and has been abussive. She bosses him around and will never do anything at home when he is around, using the pregnancy-cant-move excuse when her belly haven't shown yet. But when husband leaves for work, she cooks herself a meal. She would not do anything with the husband and be sweet nor consumate their marriage for a long time now. The husband feels like he is being disrespected and just being used to get a green card, and that the pregnancy is a total accident, that both of them weren't ready for. They are not getting along now, and I don't think he plans to help her apply for GC.


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

Share this post


Link to post
Share on other sites

She needs to see a lawyer in her area that specializes both in family law and immigration law. Once the child is born, the husband will be liable for child support, unless he gets custody of the child. If she wants to avoid the possibility of the husband getting custody of the child, she can simply return to the Philippines before the child is born. On the other hand, she won't be able to re-enter the US if she departs, unless she re-establishes a new status. In any case, she needs to speak to an attorney before she makes any decisions to determine her options. Depending on her area, she may be able to get a court order reqiring the husband to pay her attorney's fees.

Share this post


Link to post
Share on other sites

She needs to see a lawyer in her area that specializes both in family law and immigration law. Once the child is born, the husband will be liable for child support, unless he gets custody of the child. If she wants to avoid the possibility of the husband getting custody of the child, she can simply return to the Philippines before the child is born. On the other hand, she won't be able to re-enter the US if she departs, unless she re-establishes a new status. In any case, she needs to speak to an attorney before she makes any decisions to determine her options. Depending on her area, she may be able to get a court order reqiring the husband to pay her attorney's fees.

what if it is really her fault? She is abusing the generosity of the USC and threats him that she will get miscarriage if he don't do what she wants to do?


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

Share this post


Link to post
Share on other sites

what if it is really her fault? She is abusing the generosity of the USC and threats him that she will get miscarriage if he don't do what she wants to do?

Then you should advise the USC to walk away, to protect himself from false DV / VAWA claims.


Done with K1, AOS and ROC

Share this post


Link to post
Share on other sites

Time for her to go home.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

~

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

It took us more than 2 years to file AOS. There was no problem though. But for her because she is preggy need to file it asap. She will need docs giving birth. Hospital will get SSN, etc... i think

No she can go to a hospital and have the kid and give no information. Hospital can be stuck with the bill

We have public hospitals in the Dallas Fort Worth area where the illegal aliens have learned to take full advantage.

Share this post


Link to post
Share on other sites

Another update, the husband is complaining how the wife have changed attitude and has been abussive. She bosses him around and will never do anything at home when he is around, using the pregnancy-cant-move excuse when her belly haven't shown yet. But when husband leaves for work, she cooks herself a meal. She would not do anything with the husband and be sweet nor consumate their marriage for a long time now. The husband feels like he is being disrespected and just being used to get a green card, and that the pregnancy is a total accident, that both of them weren't ready for. They are not getting along now, and I don't think he plans to help her apply for GC.

He needs to ship her back home.

He can either support the kid or not support the kid, From what I have seen only about 2 out of 10 kids born to girls in Philippines ever get support, most guys just disappear........

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×