aos before I-94 expires worried

[Turbine 0]

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

[Bobby+Umit 161]

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.)

[moroccogirlny 100]

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.

[Turbine 0]

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

[moroccogirlny 100]

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

Immigration and Customs Enforcement. Get the AOS mailed!

[Turbine 0]

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.

[Me&Her 2]

... 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.

[Darnell 8,478]

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.

[Turbine 0]

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.

[Darnell 8,478]

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 April 13, 2010 by Darnell

[Rebecca Jo 1,962]

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.

[Brother Hesekiel 2,235]

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.

[Nik+Heather 121]

+ 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.

[Turbine 0]

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.

[MRStee 19]

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

Edited April 14, 2010 by MRStee