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yankeedave

Is there an adjustment of status application deadline?

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My Philippine Fiance came to the U.S. on March 18th with a K1 visa. We were married on March 27th, and she successfully applied for a SS# on May 11th.

I have a few questions:
1) Because she now has a SS# on the way, I am assuming that she does not need an Employment Authorization Document (EAD) in order to legally work for wages. Is my assumption correct?

2) My understanding is that once she enters the U.S, her K1 visa is no longer the operational document with regard to her legal status in the U.S. Does this mean that her I-94 is now the operational document? If so, what is the significance of this with regard to time limits and responsibilities?

3) We have gotten married, and we have applied for her SS# within the 90 day deadline. Are there now any deadlines that we should be aware of? Specifically, is there a deadline for filing an I-485 (AOS) application?

4) Are there any other deadlines or cautions that we should be aware of at this time?

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1) No, her SSC will even say that she employment is contingent approval from DHS, meaning having an EAD card or GC.

 

2) Correct. Once the 90 days of her i94 is up, she is out of status unless you have filed for AOS by then.

 

3) Not really. You still want to file i485 asap to avoid her being out of status.

 

4) She can't work until she's secured an EAD, and if she leaves the country without advance parole or a GC, she will not be able to re-enter.


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Most people file as soon as they can


“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.”

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Her SSC is type number 2: https://www.ssa.gov/ssnumber/cards.htm

 

The EAD is the DHS authorization. She can't work legally without the EAD or the greencard.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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16 hours ago, yankeedave said:

My Philippine Fiance came to the U.S. on March 18th with a K1 visa. We were married on March 27th, and she successfully applied for a SS# on May 11th.

I have a few questions:
1) Because she now has a SS# on the way, I am assuming that she does not need an Employment Authorization Document (EAD) in order to legally work for wages. Is my assumption correct?

2) My understanding is that once she enters the U.S, her K1 visa is no longer the operational document with regard to her legal status in the U.S. Does this mean that her I-94 is now the operational document? If so, what is the significance of this with regard to time limits and responsibilities?

3) We have gotten married, and we have applied for her SS# within the 90 day deadline. Are there now any deadlines that we should be aware of? Specifically, is there a deadline for filing an I-485 (AOS) application?

4) Are there any other deadlines or cautions that we should be aware of at this time?

1. When she receives her SS card it will say "Can work with DHS Approval" but she still needs her EAD to officially start looking for work and to get a job. So your assumption is incorrect. 

 

2. Yes, the I-94 is a valid document showing when she officially entered the country. But she should have her passport on her because it will have her visa in the passport. . The actual K1 valid visa is valid for 90 days after her POE. Once after the 90 days she is officially out of  status and thus deportable(highly unlikely).

 

3. You can file for AOS anytime after you receive the marriage certificate. But like I said in the answer above 90 days is the official time period for her valid stay, once she is out of that period she is deportable. Once you file for AOS then all will be forgive and y'all will receive her NOA1 showing she is allowed to stay until she receives her green card. You can also file for EAD and AP at the same time as the AOS no additional cost. 

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21 minutes ago, cyberfx1024 said:

The actual K1 valid visa is valid for 90 days after her POE.

The K-1 visa is no longer valid the moment it is used at POE. The I-94 stamp in the passport is valid for 90 days.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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