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Chaka Quaker

No Selective Service Registration - K1 & Being 31 years old

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I arrived in the US on April 19, 2014 with a K1 visa, I was 25 years old. My K1 visa status expired on July 19, 2014. I assume, I was out of status until USCIS received my I485 on December 31, 2014, I was 26 years old by then, I say ‘I assume’ because I don’t know how the status changes after the K1 visa expires, and after submitting the I485. I know the K1 visa is an non-immigrant visa, so I was not expected to register for selective service. I know that now, because I’m trying to do N400 and they ask me if I lived here between my 18th and 26th birthday (not including the time I lived under an non-immigrant status). So from July 19th, 2014 to December 31st, 2014 I had no status, which makes me believe I should have registered for the 1 month and 10 days I had before my 26th birthday (my birthday is in September. 

 

At this point, I believe I must say I lived here before my 26th birthday even though, I didn’t get my permanent status until Dec. 2015. Because of this, I must present a status information letter from the Selective Service. I’m turning 31 years old in September. I’ve read some posts that say that would be 5 years after failing to register, therefore, this may not be an issue for naturalization in regards with the Good Moral Character. 

 

I reach out to you guys because I want to know if it is very likely that my n400 application is denied because of this. I wouldn’t like to invest time and money if this is clearly heading towards a denial. I would also like to know what you guys know about applying after turning 31 years old and whether or not I should answered that I lived here between 18 and 26 years of age even though I was on an non-immigrant visa, then out of status and then successfully adjusted my status after turning 26 years old. 

 

Thank you very much for your help.

 

***Disclaimer***: I’m not trying to comfort myself. No excuses, I should have known better. So I appreciate your help, rather than comments telling me I should know the law.

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When exactly did you turn 26? It's unclear from your post.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Posted (edited)
17 minutes ago, Hypnos said:

When exactly did you turn 26? It's unclear from your post.

I turned 26 on Sep.4th, 2014. Roughly 4 months and 15 days after I arrived in the states.

Edited by Chaka Quaker

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Posted (edited)

Ok, so you were obligated to register with Selective Service the day you fell out of a lawful nonimmigrant status, which occurred on 19th July, 2014. And then once you turned 26 on 4th September, 2014 it was too late for you to register, since once you turn 26 you can no longer register with Selective Service. Unfortunately you were expected to register during those six weeks or so. And that kindof blows, but there it is.

 

So on the N-400 you would be required to answer Yes to the Selective Service question (that you were required to register but failed to do so). Now, if you send in your N-400 after turning 31 then you're not meant to need a status information letter from Selective Service... but honestly I would go ahead and get one anyway, because I know from personal experience it can take several weeks to receive it, and you'll be slightly screwed if USCIS ask for it and you don't have it on hand. 

 

To get a status letter you simply complete the following form and mail it in to Selective Service: https://www.sss.gov/Portals/0/PDFs/Status.pdf

 

As you say, if you apply once you turn 31 then your failure to register falls outside of the five year "good conduct" period and will not prevent your naturalisation.

 

There is an outside chance that you were automatically registered through your entry on a K-1. I don't think that happens; I believe only sending in an I-485 makes USCIS register you, but it never hurts to ask. So before requesting a status information letter I would call Selective Service tomorrow at 1-888-655-1825 and ask them to double check their records to see if you are registered or not. I assume you've already tried searching for yourself on their site and not found anything. Their phone agents have the ability to do a more thorough search of their systems than you or I mere mortals do.

 

If they verify that you aren't registered, then go ahead and send in the completed pdf to get a copy of your status letter, and file your N-400 once you have turned 31. It should no longer be an issue.

 

I also failed to register, and even though I am slightly older than 31 I still submitted a copy of my status letter with my application. At my interview she asked me to confirm that I didn't register, and I stated I hadn't. I pointed out that I had included a copy of my status letter, and then she saw it. And that was that.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I presume you're a male, too. Only males are required to register, as of right now.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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15 minutes ago, Hypnos said:

Ok, so you were obligated to register with Selective Service the day you fell out of a lawful nonimmigrant status, which occurred on 19th July, 2014. And then once you turned 26 on 4th September, 2014 it was too late for you to register, since once you turn 26 you can no longer register with Selective Service. Unfortunately you were expected to register during those six weeks or so. And that kindof blows, but there it is.

 

So on the N-400 you would be required to answer Yes to the Selective Service question (that you were required to register but failed to do so). Now, if you send in your N-400 after turning 31 then you're not meant to need a status information letter from Selective Service... but honestly I would go ahead and get one anyway, because I know from personal experience it can take several weeks to receive it, and you'll be slightly screwed if USCIS ask for it and you don't have it on hand. 

 

To get a status letter you simply complete the following form and mail it in to Selective Service: https://www.sss.gov/Portals/0/PDFs/Status.pdf

 

As you say, if you apply once you turn 31 then your failure to register falls outside of the five year "good conduct" period and will not prevent your naturalisation.

 

There is an outside chance that you were automatically registered through your entry on a K-1. I don't think that happens; I believe only sending in an I-485 makes USCIS register you, but it never hurts to ask. So before requesting a status information letter I would call Selective Service tomorrow at 1-888-655-1825 and ask them to double check their records to see if you are registered or not. I assume you've already tried searching for yourself on their site and not found anything. Their phone agents have the ability to do a more thorough search of their systems than you or I mere mortals do.

 

If they verify that you aren't registered, then go ahead and send in the completed pdf to get a copy of your status letter, and file your N-400 once you have turned 31. It should no longer be an issue.

 

I also failed to register, and even though I am slightly older than 31 I still submitted a copy of my status letter with my application. At my interview she asked me to confirm that I didn't register, and I stated I hadn't. I pointed out that I had included a copy of my status letter, and then she saw it. And that was that.

Thank you very much my friend. You explained everything in detail :)  I was a little down, but now I know I have a chance to vote next year! I’m glad I’m turning 31 in less than 2 months. I will call tomorrow and see if I got registered when I we did the K1 application. I also got the form for the status service. Do I have to explained to them (Selective Service) why I failed to register? And one last question. In the Selective Service form they ask for the different USCIS statuses I’ve had since I moved here and for how long I’ve had or had the status. So my status after my K1 expired was ‘out of status’, ‘undocumented’? And the length of that status is from the day the visa expired until I got my greencard or until they received my application?

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Posted (edited)
8 minutes ago, Chaka Quaker said:

Do I have to explained to them (Selective Service) why I failed to register? And one last question. In the Selective Service form they ask for the different USCIS statuses I’ve had since I moved here and for how long I’ve had or had the status. So my status after my K1 expired was ‘out of status’, ‘undocumented’? And the length of that status is from the day the visa expired until I got my greencard or until they received my application?

There is a section in the form where you have to explain your failure to register. You would presumably write that you were unaware of your obligation to register until after it was too late for you to actually register.

 

Yes, your statuses in that section would be your initial K-1 until your I-94 expired, then "out of status" until the day your I-485 was accepted ("received on" on your I-979C for your I-485), then "adjustment of status pending" or "I-485 pending" until your I-485 was approved, then "permanent resident" from the day your I-485 was actually approved.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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8 minutes ago, Hypnos said:

There is a section in the form where you have to explain your failure to register. You would presumably write that you were unaware of your obligation to register until after it was too late for you to actually register.

 

Yes, your statuses in that section would be your initial K-1 until your I-94 expired, then "out of status" until the day your I-485 was accepted ("received on" on your I-979C for your I-485), then "adjustment of status pending" or "I-485 pending" until your I-485 was approved, then "permanent resident" from the day your I-485 was actually approved.

I appreciate your help. I have nice rest of the day! 

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