I 94 expire on 1/29/2011

[Andrew - Thu 0]

Hi everybody,

Im Thu. My husband and me are very wondering what will happen to me when my I 94 will be expired. I came to US by K1 visa on Oct 31st. We got married on Dec 6th. My I 94 will be expired tomorrow on Jan 29th, they didnt count for holidays in the end of year as i heard some of my friends had that. We had to deal with many things including of alot of activities for holidays and stress from work. So we not yet applied papers to change my status. Will they ship me back to Vietnam or im out of status have we have to apply for K3 visa again or extend my I 94. We are all confused now as they said we should marry within 90 days and we did, not about the time of paper. Give me some advices please. Thanks.

[Inky 1,110]

You are fine, apply for AOS.

[Brother Hesekiel 2,235]

There is one single requirement of the K-1 entrant: to get married to the petitioning spouse within 90 days. If you did that, you're not going to be shipped anywhere.

Although filing for AOS as soon as possible makes sense for many reasons, one of them being able to get a driver license and another one being able to work legally, it is not explicitly spelled out in the INA. That means you can file whenever you're ready which hopefully is soon.

One you reach the 2-year mark, you may have to submit an I-130 with your AOS petition but I hope it won't take you that long.

One thing you'll have to keep in mind though: formally you are out of status now, so if you get close to a border or get caught in an ICE raid, you may be detained. The judge will let you go as you are eligible to file for AOS, but it's not fun anyway, so no weekend trips to the Mexican border until you filed for AOS, okay?

[YuAndDan 153]

Nope, common question, you need to marry within the 90 days, you did this.

Just file AOS ASAP, many have to wait to file for things like marriage cert, or to file after filing taxes to use the return with the affidavit of support.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[Andrew - Thu 0]

Thanks, guys. We are working on papers. Another thing i want to ask. Its about I 693. As what i read in some websites or even USCIS, they all said if i came to US by fiance visa in the past year based on medical exam and vaccination records i had in Vietnam before i came to US, i dont need to file this form to transfer my medical and vaccination exam to I 693 by asking a doctor by USCIS is pointing for my area. But i heard my frs said its required.

Im living in Bothell, WA. i applied for ID, but i not yet received it as its more than 45 days. Applied for SSN, but they delayed because my I 94 will be expired before it can be issued for me (They didnt talk about this when we went there to apply, just told me i would receive it within 2 weeks, then they sent through mail they cant). Its ridiculous. Everytime i go out, i need to carry my passport. My husband wanted to claim me in his tax this year, put me in our bank accounts but i dont have an SSN, so we got stuck. Hmm.

[YuAndDan 153]

Thanks, guys. We are working on papers. Another thing i want to ask. Its about I 693. As what i read in some websites or even USCIS, they all said if i came to US by fiance visa in the past year based on medical exam and vaccination records i had in Vietnam before i came to US, i dont need to file this form to transfer my medical and vaccination exam to I 693 by asking a doctor by USCIS is pointing for my area. But i heard my frs said its required.

Im living in Bothell, WA. i applied for ID, but i not yet received it as its more than 45 days. Applied for SSN, but they delayed because my I 94 will be expired before it can be issued for me (They didnt talk about this when we went there to apply, just told me i would receive it within 2 weeks, then they sent through mail they cant). Its ridiculous. Everytime i go out, i need to carry my passport. My husband wanted to claim me in his tax this year, put me in our bank accounts but i dont have an SSN, so we got stuck. Hmm.

You can still file a joint return without SSN, simply apply for an ITIN when filing the return. Attach a W7 to the return.

MORE: http://www.irs.gov/i...d=96287,00.html

As for I-693, only vaccinations part needed to be done if the DS record was not done correctly overseas.

[Angelac 1]

There is a doctor in Kent (30 minutes South of you) that does the transcribe of I-693 for $35 cash. You bring in the paperwork and it will be done in about 10-15 minutes.

Let me see if I can find his name again......

Kent, WA

Dr. Efren R Caratao, Easthill Medical Clinic

10413 S.E. 244th Street, Kent, WA 98030

(253) 852-2770

I am pretty sure this is the guy, the phone number will have a recording for immigration stuff, it has the wrong price though.

[Messybrownhair 251]

Don't forget that your medical is only good for a year! When did you do it in Vietnam?

[Andrew - Thu 0]

I had medical exam on July 8th 2010, vaccination on July 2th 2010 and i had another vaccination before i came to US, so i had 4 kinds of vaccination. I have a chart of that which they told give it to medical office when arrive to US. Thats why im really confused. But well, my husband and me will look through all, just dont want USCIS will send allthings back to us and delay the proccess. Thanks all.

[Audy_Rob 26]

...

Although filing for AOS as soon as possible makes sense for many reasons, one of them being able to get a driver license and another one being able to work legally, it is not explicitly spelled out in the INA.

Just Bob's response sort of answers a question I have. I want to see if I can get a more explicit reply since our case is slightly different.

Entered K-1 : Nov 25, 2010

Married : Dec 15, 2010

SSN : Dec 21, 2010

Filed for AOS : Jan 24, 2011 - NOA

My (now) wife was not allowed to get a Legal State ID Card issued in California by the DMV because her I-94 had less than 90 days on it. We received the I-797C (NOA) as mentioned above with a date of Jan 24, 2011. But there was no I-94 stamp on the I-797C with an extension. The DMV of California told us we had to get an "I-797 with an I-94 extending her stay at least 90 days." Without the Legal ID card my bank would not allow me to add my wife to t6he bank accounts. Hence we are not as "co-mingled" as I would like to be right now.

Anyone know about this?

Thanks to all. Good to see Jim VaPhoung is still handling his share of questions.

[SuperDuper! 230]

Just file AOS within 90 days to protect your status, and be happy.

[Anh map 2,098]

Submit a copy of the vaccination supplement with your AOS package.

If they accept that (Linh's was accepted) then you are all set. If not, then and RFE will be issued and you will need to go to a civil surgeon near you and have them complete the I-693 using the info from that vaccination supplement.

[JimVaPhuong 4,863]

Just Bob's response sort of answers a question I have. I want to see if I can get a more explicit reply since our case is slightly different.

Entered K-1 : Nov 25, 2010

Married : Dec 15, 2010

SSN : Dec 21, 2010

Filed for AOS : Jan 24, 2011 - NOA

My (now) wife was not allowed to get a Legal State ID Card issued in California by the DMV because her I-94 had less than 90 days on it. We received the I-797C (NOA) as mentioned above with a date of Jan 24, 2011. But there was no I-94 stamp on the I-797C with an extension. The DMV of California told us we had to get an "I-797 with an I-94 extending her stay at least 90 days." Without the Legal ID card my bank would not allow me to add my wife to t6he bank accounts. Hence we are not as "co-mingled" as I would like to be right now.

Anyone know about this?

Thanks to all. Good to see Jim VaPhoung is still handling his share of questions.

The California DMV are pretty ####### about the requirements to get a state DL or ID. In California, as in most states now, a state issued ID is considered proof of lawful presence, so that lawful presence must be proven when you apply for the card. The I-797C acceptance notice from the AOS petition grants lawful presence only while the AOS is pending, which is an indeterminate amount of time. There's no way the DMV could know or verify whether that period of time is going to be 90 days or more. Personally, I wouldn't worry about - just apply for the ID card when she gets her green card.

Did she get a Social Security card? Bank of America let me and my wife open a joint account. She only needed her passport for ID and her SS card. You should also look into what other sorts of financial connections you can make, like getting her on your medical insurance or listed as beneficiary on your life insurance. They tend not to be too particular about the co-mingling with a K1. They know you haven't been married long, and also presume the relationship was screened to some degree at the consulate interview.

FWIW, we interviewed at the San Francisco field office. The IO asked if we had pictures, and we handed her two photo albums. She took her time flipping through them, making comments and asking questions. Just before the end of the interview she said "Well, do you have anything else for me?". I said "Yeah, I've got these bank statements, billing statements, insurance EOB's, and whatnot.", and I handed everything to her. She said "Can I keep this?". I said "Sure, we don't need them now". She put all of the stuff in my wife's folder, barely glancing at it, and approved us.

[Audy_Rob 26]

Did she get a Social Security card? Bank of America let me and my wife open a joint account. She only needed her passport for ID and her SS card.

Thanks Jim. I appreciate the answer.

Audy got her SSN card but she changed her name to her married name on the SSN card. She has her passport and one credit card I got her in her maiden name, and only the Social Security card in her married name. That might be why my bank is asking for one more form of identification in her married name.

I have put Audy as primary beneficiary on my Brokerage account and my 401K's, she has Medical, Dental and Vision Insurance through my company, and is primary beneficiary on my life insurance policy. So far the only bill that has both names on it is out Mobile Phone bill since I added a line for her.

We have been doing well taking pictures together. We just got back from LA and had a lot of pictures taken together.

Sorry to interrupt the thread. Audy will not be happy about not being able to take the driving test.

[JimVaPhuong 4,863]

My step-kids both failed the driving test the first time. Driving a car in the US isn't the same as driving a little scooter in Vietnam.