SSN with K1 visa

[AleWolf 0]

Hello!

My name is Ale I'm from Colombia, I had come to USA on Dec 2009 on J1 visa, during that time I meet my future husband, I enjoy as much as I could with him during one year, we get engaged one day before I had to come back to my country on January 2011; once I get there my husband and I applied for a K1 visa on Feb 2011, we get approved on Oct 2011 , I came to USA on Nov 2011 and happily married on Dec 2011.

I called several times to the Social Security Office to ask if it was possible for me to get or change my name on my SSN because I took my husband's last name, (I already had one SSN for the J1 visa); they say I can't get another SSN which I understand but they say too I can't change my legal name because I had to applied first to my adjustment of Status.

Our problem now is that my I94 expired on Feb 22/2012, we are been married for 3 months but we couldn't afford to pay for all the paper work before now, this week that we have the money and we are ready to send all the paperwork we don't know:

1- Are we gonna have problems because my I94 is already expired?

2- I'm in overstay? I'm Illegal?

3- What should I write on "Current USCIS Status" on the form I-485?

4- Which last name should I used to filed the paper work, his or mine?

5- How long do I have to wait for applied for change my last name on SS Office?

6- Can I drive with my valid DL from Colombia if i'm overstay ?

Thank you guys for help me out!

[Inky 1,111]

Not a K-1 process or procedure.

Moving to the AOS forums.

[Dave&Roza 748]

Hello!

My name is Ale I'm from Colombia, I had come to USA on Dec 2009 on J1 visa, during that time I meet my future husband, I enjoy as much as I could with him during one year, we get engaged one day before I had to come back to my country on January 2011; once I get there my husband and I applied for a K1 visa on Feb 2011, we get approved on Oct 2011 , I came to USA on Nov 2011 and happily married on Dec 2011.

I called several times to the Social Security Office to ask if it was possible for me to get or change my name on my SSN because I took my husband's last name, (I already had one SSN for the J1 visa); they say I can't get another SSN which I understand but they say too I can't change my legal name because I had to applied first to my adjustment of Status.

Our problem now is that my I94 expired on Feb 22/2012, we are been married for 3 months but we couldn't afford to pay for all the paper work before now, this week that we have the money and we are ready to send all the paperwork we don't know:

1- Are we gonna have problems because my I94 is already expired? You are accumulating out-of-status days since your I-94 expired, however; those are forgiven when you file for AOS since you are married to a USC.

2- I'm in overstay? I'm Illegal? You are out-of-status. The K-1 does not have any requirements for AOS filing deadline, only the requirement to get married within 90 days of arrival--You did that so you are fine. Will you have problems--maybe. Should you have a run in with CBP or ICE or a LEO who checks your status in the US, you may be detained and taken before an immigration judge. The judge will tell you to file for AOS ASAP and my put a court ordered date on the filing deadline which you then cannot miss.

3- What should I write on "Current USCIS Status" on the form I-485? Fiancee Visa (K-1)

4- Which last name should I used to filed the paper work, his or mine? That is up to you. Do you want to use his last name or keep your maiden name? This is a personal choice.

5- How long do I have to wait for applied for change my last name on SS Office? You now have to wait for the EAD or GC before being able to change your last name since your I-94 is expired.

6- Can I drive with my valid DL from Colombia if i'm overstay ? Not sure. Most likely you will not be able to get a DL as they will run the SSN and find you are not listed as a LPR. What other forms of ID do you have? Check the California DMV site to see what the requirements are as this is very state specific.

Thank you guys for help me out!

Good luck,

Dave

Edited March 21, 2012 by Dave&Roza

[AleWolf 0]

I decided to take my husband's last name, I'll do it with his last name.

I have a valid DL from Colombia and I have an expired one from NJ.

Thank you.

I 'll apply for the AOS ASAP!!!!