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aos before I-94 expires worried

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Filed: K-1 Visa Country: Scotland
Timeline
:( Ok. my wife (married before the 90 days were up on the k1) I-94 expires on apr 20th. So we went to local SSN office to get her ssn number so we can mail her aos paper work in and the SSN office rejected her saying her I-94 expires soon and she will either need to apply for a extension or leave the country. We are now worried that she will be kicked out of the country because we have not mailed in the AOS or got her SSN. We thought we just had to be married within 90 days of coming in but had until her visa expired on june 7th to mail in her aos and get her ssn. We have setup a meeting at the local uscis office to ask for a extension. We have all her paper work done but we were just trying to get settled back in before sending out the paper work. Not to mention all the money we spent on our wedding so we could mail them the check for 1k somethen dollars. I have seen that some have waited 2 years to file and they got approved. We are just worried and need to know if we need to hire someone to fix all this for us. Any help is thanked

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sad.gif Ok. my wife (married before the 90 days were up on the k1) I-94 expires on apr 20th. So we went to local SSN office to get her ssn number so we can mail her aos paper work in and the SSN office rejected her saying her I-94 expires soon and she will either need to apply for a extension or leave the country. We are now worried that she will be kicked out of the country because we have not mailed in the AOS or got her SSN. We thought we just had to be married within 90 days of coming in but had until her visa expired on june 7th to mail in her aos and get her ssn. We have setup a meeting at the local uscis office to ask for a extension. We have all her paper work done but we were just trying to get settled back in before sending out the paper work. Not to mention all the money we spent on our wedding so we could mail them the check for 1k somethen dollars. I have seen that some have waited 2 years to file and they got approved. We are just worried and need to know if we need to hire someone to fix all this for us. Any help is thanked

If the I-94 expires - you can have issues with ICE.

File the AOS, once you get that, her status will be safe. You will have to wait till you get the EAD or GC before the SSA will give you a SSN.

Your visa was finished as soon as she used it to enter the US. The visa does not control her status, the I-94 does.

If you choose to wait 2 years - you will have these issues:

1. Your medical for the K-1 will be out of date - so you will have to buy a complete medical for the AOS.

2. Your wife will accrue "out of status" days, which means, she cannot leave the US without the GC. Even if she is granted an AP with the AOS, she will be looking at a 10 year ban when she attempts to re-enter the US.

3. Your wife is still open to issues with ICE - which means she can be deported, worst case scenario. Being married to an USC does not confer any sort of protection for being out of status.

You do not need an SSN to file for the AOS, you do not need the SSN to stay in the country (you need it for work though).

She will not need to leave the US if her I-94 expires, unless she is picked up by ICE and an IJ deports her. (but will start getting "out of status" days).

I would most strongly recommend that you file for the AOS prior to the I-94 expiring - then worry about the SSN.

(Being deported is a "worst case scenario" - but you will have to make the choice for your own future.)


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Morocco
Timeline

As long as you are married within the 90 day period you are safe. You don't need a SSN for her to file the AOS, once you have proof of filing for AOS or receiving the green card she can then apply for her SSN.


01/2006 - Filed k1(1st time)

04/2006 - Interview (1st time) denied

Waited, waited...... no review

06/2009 - Filed k1 (2nd time)

09/2009 - NOA 2 approved

12/2009 - Interview (2nd time) APPROVED! VISA ISSUED

02/2010 - Arrived USA

04/2010 - Married

AOS Timeline

4/19/2010-Sent to Chicago Lockbox

4/26/2010-Received texts and emails 7th day

4/30/2010-Received NOA's(Hardcopies) 11th day

5/3/2010-Received ASC appointment notice(mailed 4/29/2010)14th day

5/7/2010-Walk-in Biometrics done(2 weeks earlier)18th day

5/13/2010-Case transferred to CSC

6/2/2010- Case received/resumed at CSC

6/18,6/22,6/23 AOS touches

6/28/2010- EAD production and touch on AP

6/29/2010-AOS APPROVED

7/2/2010- 2nd update on EAD production and touched on AP....

7/6/2010- Received "Welcome Letter" and AP document

7/12/2010-Received GREEN CARD and EAD

greencard.jpg

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Filed: Citizen (apr) Country: Morocco
Timeline

What is ICE? So I should just mail her AOS today with over nighted?

Immigration and Customs Enforcement. Get the AOS mailed!


01/2006 - Filed k1(1st time)

04/2006 - Interview (1st time) denied

Waited, waited...... no review

06/2009 - Filed k1 (2nd time)

09/2009 - NOA 2 approved

12/2009 - Interview (2nd time) APPROVED! VISA ISSUED

02/2010 - Arrived USA

04/2010 - Married

AOS Timeline

4/19/2010-Sent to Chicago Lockbox

4/26/2010-Received texts and emails 7th day

4/30/2010-Received NOA's(Hardcopies) 11th day

5/3/2010-Received ASC appointment notice(mailed 4/29/2010)14th day

5/7/2010-Walk-in Biometrics done(2 weeks earlier)18th day

5/13/2010-Case transferred to CSC

6/2/2010- Case received/resumed at CSC

6/18,6/22,6/23 AOS touches

6/28/2010- EAD production and touch on AP

6/29/2010-AOS APPROVED

7/2/2010- 2nd update on EAD production and touched on AP....

7/6/2010- Received "Welcome Letter" and AP document

7/12/2010-Received GREEN CARD and EAD

greencard.jpg

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Filed: K-1 Visa Country: Scotland
Timeline

We are really worried about this. when we go on friday to meet with uscis should we just tell them it has been mailed and give them a tracking number? Im worried that even thou we have mailed it they might still tell her to leave the country.

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Filed: Lift. Cond. (pnd) Country: China
Timeline

... You will have to wait till you get the EAD or GC before the SSA will give you a SSN....

This is incorrect, at least at my case--She got her SSN card within 3 weeks of PoE, and we are still waiting for AoS.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

why are you going in Friday to meet with USCIS?

RE: SSN - for K-1 filers - the 'window to get a SSN'

is between 15 to 74 days of POE entry date.

It smells like yer past the 74th day - based on what the SSA drone told you. NOW you have to wait until EAD or GC in hand, to apply for SSN again. It's normal, ya missed the window, don't sweat it. A SSN is NOT required for filing AOS.

IMO - there is 'nothing' to be fixed, so no need to 'hire someone to fix this' for you.

Oh - re: meeting with USCIS for an extension. That's useless. Is ALSO impossible to 'hand deliver' an AOS package across the counter at yer local USCIS office. Dallas used to do it, but not for years now.

You have 90 day window in which to get married, per mandate. You've done that.

There is no hard/fast rule for when to file for AOS. Most suggest within 6 months of marriage. If you have some financial issue, get the monies together ASAP, make sure yer AOS package is absolutely COMPLETE.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: K-1 Visa Country: Scotland
Timeline

why are you going in Friday to meet with USCIS?

RE: SSN - for K-1 filers - the 'window to get a SSN'

is between 15 to 74 days of POE entry date.

It smells like yer past the 74th day - based on what the SSA drone told you. NOW you have to wait until EAD or GC in hand, to apply for SSN again. It's normal, ya missed the window, don't sweat it. A SSN is NOT required for filing AOS.

IMO - there is 'nothing' to be fixed, so no need to 'hire someone to fix this' for you.

Oh - re: meeting with USCIS for an extension. That's useless. Is ALSO impossible to 'hand deliver' an AOS package across the counter at yer local USCIS office. Dallas used to do it, but not for years now.

You have 90 day window in which to get married, per mandate. You've done that.

There is no hard/fast rule for when to file for AOS. Most suggest within 6 months of marriage. If you have some financial issue, get the monies together ASAP, make sure yer AOS package is absolutely COMPLETE.

Money isnt a issue just after spending close to 10k on wedding stuff like to re-coupe some. I have it all filled out I also just noticed we need I-693 done by a civil surgeon (im lost as to why she must do this again when it was done in the UK in sept 09). X-rays vacs, etc... We booked one for tomorrow at 3 and it price tag is $900. Once again thanks everyone for your help.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

don't need 'full medical' - btw -

but you might have to knock around a bit with that civil surgeon - many do not know the K-1 visa medical requirements for doing addendums in the USA for the I-693, so instead insist on another full medical exam (in yer case, at 900 smackers).

IF you have the 'sealed envelope' still, the medical exam done in Sept 2009 is in there, AND a Civil Surgeon is allowed to open it, review the medical portion. If you don't have it, don't sweat it, just tell the civil surgeon that you do NOT need a full exam, but the 'addendum work required' for the AOS from K-1 to CR-1. Did she get International Vaccination Record made at the medical in Sept 2009? If so, bring it. Usually it's a 'yellow book' but sometimes the colour varies by issuing country.

If the civil surgeon's office staff is dense, and still insists on full exam @ 900 buckaroos, you have a choice to either train them or find different civil surgeon or pay the full fare :(

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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This is incorrect, at least at my case--She got her SSN card within 3 weeks of PoE, and we are still waiting for AoS.

The OP waited until their I94 was about to expire before they tried to obtain a SS number.

You did not.

If the K1 entrant delays getting the number after Day 76 of their admission to the US, the SS office will not issue a number until they receive either an EAD or a green card.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Filed: Other Timeline

You will not be able to get a SSN for your wife until your AOS application has been filed as "received." With expired I-94 and without a SSN, she will not be able to work (legally), nor will she be able to travel internationally.

However, the requirement of the K-1 was to get married to you within 90 days. If she did that, she will not be deported. In the 0.0000001% of chance that she will be stopped by an immigration official (police has NO right to question her about immigration-related status), she might have to clear this up, but she won't be fined and she won't be deported.

That said, you should try to file the AOS as soon as possible, for obvious reasons, the expiring medical being one of them.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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+ 1 to not needing to have the social security number in order to file AOS. Definitely optional.

The I-693 is required if the vaccinations were not complete before or during the medical examination at Knightsbridge. Check out the form she was given at that time, DS3025. Knightsbridge can be confusing, on Nik's they only put "K1" in the spaces for the required vaccines, not whether or not he'd had them. They did this for both the ones he already had and the ones he needed. I think they are expecting dates, or something more clear that they were complete or missing. If the DS3025 indicates that all required vaccinations were complete, then some VJ members have successfully sent a copy of this in lieu of the I-693. It doesn't *always* work, but may be worth a try to save $900!!

Secondly, $900 is INSANE. The CS down the street from us will do the full medical for under $200, so you need to do some more shopping around. For adjustment from a K-1, they only need to do the vaccination supplement (Part 1, Part 2 - vaccination section only, and Part 5). $50 is a lot to pay for that. Check out the thread for Civil Surgeons who DON'T rip you off. It may be a couple of pages back, but is frequently bumped, so probably not too far. A lot of civil surgeons will do this vaccination supplement same day, so you can definitely have the AOS packet off this week if that's all you're waiting on.

Regarding extensions to file for AOS. There is no such thing. They can't be granted. The K-1 status cannot be extended, so she will be out of status when the I-94 expires. The overstay will be forgiven, but the key is that it won't be forgiven until she successfully adjusts status. It sounds to me like you are making filing a priority, so I want to assure you that filing a couple of days late probably won't be an issue. The only thing you can do to remedy that is to file for AOS, which you're working on. Unless there are some other wrinkles to your case (doesn't sound like it from what you've written here) a lawyer would not be needed just because you are a couple of days (or even weeks) late filing.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: K-1 Visa Country: Scotland
Timeline

Yeah we are going to file the AOS either tonight or tomorrow morning. For the medical she does not have the sealed one and the xray. She does have the vac report. It says she is missing the one vac for cervical cancer vac i think it was well the 2nd injection for it anyways. The lady at the ssn office just got us really worried but I guess they have nothing better to do in life but talk down to people and make you feel bad. Thanks again guys we got all our stuff together and going to do the medical today.

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Filed: AOS (apr) Country: Jamaica
Timeline

As far as the SSN goes, we filed for ours 2 weeks and 2 days after his POE. However, we did not file our AOS until the end of March and his I-94 expired on February 1st... We are still here and doing fine. The reason why you want to file asap is because she will be "out of status" and could face problems if something comes up. As long as you don't get yourself into any trouble, just file as soon as you can. No worries. Good luck good.gif

Edited by MRStee

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