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Question about visa/IDs after 90 days

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Hello everyone,

 

My wife and I recently married during her 90 days on the K1 visa (her 5 year old son also came on a K2).  Their visas are now expired and were not accepted when trying to open a bank account today. So what do people do in the intermediate period between K visa expiration and and green card?  He did get her a SSN after she first arrived.

 

Thank you for any advice. After reading the recent horror story in this forum about identification problems and going to jail, I am starting to regret trying this process without the help of an immigration lawyer. But the cost was just too high for us at that time.

 

 

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6 minutes ago, JP5380 said:

Hello everyone,

 

My wife and I recently married during her 90 days on the K1 visa (her 5 year old son also came on a K2).  Their visas are now expired and were not accepted when trying to open a bank account today. So what do people do in the intermediate period between K visa expiration and and green card?  He did get her a SSN after she first arrived.

 

Thank you for any advice. After reading the recent horror story in this forum about identification problems and going to jail, I am starting to regret trying this process without the help of an immigration lawyer. But the cost was just too high for us at that time.

 

 

What does the use of an attorney do?  If you filed aos, then you are fine 


YMMV

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17 minutes ago, JP5380 said:

Hello everyone,

 

My wife and I recently married during her 90 days on the K1 visa (her 5 year old son also came on a K2).  Their visas are now expired and were not accepted when trying to open a bank account today. So what do people do in the intermediate period between K visa expiration and and green card?  He did get her a SSN after she first arrived.

 

Thank you for any advice. After reading the recent horror story in this forum about identification problems and going to jail, I am starting to regret trying this process without the help of an immigration lawyer. But the cost was just too high for us at that time.

 

 

 

You can open bank account together without a green card. SSN should be enough.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Depending on the state, you could have gotten a state ID after getting a SSN. That makes things easier whenever someone needs to provide proof of ID.

 

You should try opening an account at another bank. Requirements are different and in some of them a passport and SSN would have been enough. When my wife added me to her account, I didn't even need a SSN.

 

As to the attorney... more often than not they end up doing more harm than good. If you have no waivers to file and no particular circumstances that need to be resolved before AoS, no point hiring one because everything is very straightforward.

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Passport and SSN worked for me.


“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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24 minutes ago, JP5380 said:

Hello everyone,

 

My wife and I recently married during her 90 days on the K1 visa (her 5 year old son also came on a K2).  Their visas are now expired and were not accepted when trying to open a bank account today. So what do people do in the intermediate period between K visa expiration and and green card?  He did get her a SSN after she first arrived.

 

Thank you for any advice. After reading the recent horror story in this forum about identification problems and going to jail, I am starting to regret trying this process without the help of an immigration lawyer. But the cost was just too high for us at that time.

 

 

The K1 and K2 visas were voided when the holders entered the US.  Perhaps you mean that their I-94s have expired.  If you have not yet filed for adjustment of status for them, I advise you to do so immediately.  At that point, they will be granted authorized stay until the adjustments have been adjudicated.  Unfortunately, the period between arrival and green card is difficult for some new immigrants.  It is a huge disadvantage of a K1....good luck.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)

Their I-94 has not expired, but will on May 15th. I plan to submit the AOS packet on Monday.  I've been working on it the past several weeks.

 

So it sounds like there is no easy way to prove their legal status (i.e. like the K visa she had in her passport) in the country when questioned by a bank, school, police officer, etc.  I'm left scratching my head about this one ...

Edited by JP5380

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Posted (edited)
3 minutes ago, JP5380 said:

Their I-94 has not expired, but will on May 15th. I plan to submit the AOS packet on Monday.  I've been working on it the past several weeks.

 

So it sounds like there is no easy way to prove their legal status (i.e. like the K visa she had in her passport) in the country when questioned by a bank, school, police officer, etc.  I'm left scratching my head about this one ...

Once the I-94 expires, they will have no legal status.....but they will have "authorized stay"....as evidenced by the NAO1 after filing the I-485.

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Reading our state ID card requirements, it looks like a NOA statement regarding their AOS, would satisfy the proof of legal residence.  Although, this would not have worked with our bank today, but at least if stopped by a police officer, this would be a current and valid form of identification.

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3 hours ago, missileman said:

Once the I-94 expires, they will have no legal status.....but they will have "authorized stay"....as evidenced by the NAO1 after filing the I-485.

I am also a bit fuzzy on this point.  I do have the I-797C (NOA1) for the I-485 (right in front of me), and I don't see anywhere on it where it has any mention of "authorized stay".  I feel like she should really carry around a huge packet of papers with her everywhere she goes .. also, that seems like a terrible idea, and a quick way to lose paperwork.  Gah!


Spoiler

2018-04-27 -- NOA1

2018-10-22 -- NOA2

2018-11-13 -- NVC received
2018-11-23 -- NVC case number assigned

2018-12-04 -- Consulate (Guangzhou) received

2018-12-22 -- P3 received in Shenzhen via EMS

2019-01-03 -- P4 received by email

2019-01-16 -- Interview, passed

2019-01-29 -- Visa in hand

 

Obligatory ticker:
event.png
 

 

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Posted (edited)
5 hours ago, JP5380 said:

Hello everyone,

 

My wife and I recently married during her 90 days on the K1 visa (her 5 year old son also came on a K2).  Their visas are now expired and were not accepted when trying to open a bank account today. So what do people do in the intermediate period between K visa expiration and and green card?  He did get her a SSN after she first arrived.

 

Thank you for any advice. After reading the recent horror story in this forum about identification problems and going to jail, I am starting to regret trying this process without the help of an immigration lawyer. But the cost was just too high for us at that time.

 

 

You need to file for AOS and then they are going to be fine. After the I-94 passes they are not going to have any legal status. I know it is weird, but basically they are "tolerated".

 

I had no issues opening joint bank account or getting on my spouses credit card as an authorized user. It's good that you got her the SSN, it will help at the bank. It's a whole other question getting your own bank account (not shared) and credit card. I had no issue opening bank account on my own after getting the EAD.

 

While in this waiting period for EAD, I couldn't get a drivers license in Missouri and the state ID was also out of the question because after the I-94 date you are not eligible to get one until you show EAD or green card. Even if you would have applied for a state id it would expire on the same day as the I-94.

 

I always had my passport and a photo copy of my NOA1 with me after the I-94 expired, just in case. Not sure how much a regular police officer knows about single/multiple entry visas and authorized stay. Also the NOA1 states in huge letters that it doesn't grant any immigration status, so in my mind it was kind of useless.

 

Anyway I remember reading the horror story. It is sad what happened to her, but it also highlights how important is to file for AOS to avoid getting out of status. In theory what happened to her could happen to anybody who overstayed a visa or entered the country without inspection and has no legal status. Also the K1 visa doesn't grant you legal status forever, it's like a fancy tourist visa.

 

Edited by ineedadisplayname

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1 minute ago, seganku said:

I am also a bit fuzzy on this point.  I do have the I-797C (NOA1) for the I-485 (right in front of me), and I don't see anywhere on it where it has any mention of "authorized stay".  I feel like she should really carry around a huge packet of papers with her everywhere she goes .. also, that seems like a terrible idea, and a quick way to lose paperwork.  Gah!

My understanding is that "Authorized Stay" is policy and is granted by the Attorney General.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
16 minutes ago, missileman said:

My understanding is that "Authorized Stay" is policy and is granted by the Attorney General.....

Yes, that is what I read too.

I don't even know why I had a copy of the NOA1 with me, not sure if it would have helped if I would needed to prove my status.

But I think it's good to know your A number and have your AOS case status number with you. I am sure the police can look you up based on those numbers

Edited by ineedadisplayname

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3 minutes ago, ineedadisplayname said:

Yes, that is what I read too.

I don't even know why I had a copy of the NOA1 with me, not sure if it would have helped if I would needed to prove my status.

But I think it's good to know your A number and have your AOS case status with you. I am sure the police can look you up based on those numbers

I would definitely keep the NOA with me.....personally.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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4 hours ago, JP5380 said:

Their I-94 has not expired, but will on May 15th. I plan to submit the AOS packet on Monday.  I've been working on it the past several weeks.

 

So it sounds like there is no easy way to prove their legal status (i.e. like the K visa she had in her passport) in the country when questioned by a bank, school, police officer, etc.  I'm left scratching my head about this one ...

What we did is apply for SSN right away, then the moment we got it, we got a State ID, which for us (California) is good for 4 years and looks pretty much the same as California DL (but it doesn't actually allow to drive) We also had no issues opening checking account. With SSN and passport (did it before we got State ID)

 

If have not applied or cannot get State ID, then it is suggested to carry Ukrainian passport and NOA1 from I-485 (Form I-797C) along with copy of the marriage certificate. 

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