K-1 Visa holder - Way past i94 expiry - havent done adjustment of status due to COVID or SS5

[Olek_ 0]

Hi, Im Olek. Id firstly like to say that this is my first time actually posting here, but I have been checking in on threads here regularly over the last few years. My (now) wife and I are very grateful for all the help we've received secondhand by reading posts here! But now we're somewhat lost and don't know where else to ask for help on the next steps of the process. 

 

I am the K1 holder, I came over from England at the start of 2020, and we got married in mid-February. Then COVID-19 hit, and we locked down and have been continuing to follow the best practice advice and ordinances in LA County, and have not sent off for the Adjustment of Status (I-485) or Social Security Number (SS-5). 

In this article the advice given is that you should apply for an SSN before your I-94 expires, which has me worried as someone far past that deadline due to the circumstances. I would be grateful for any advice going forward with the I-485 and SS-5 

 

For example, when sending off my SS-5 (since offices are shut still), should I include my i94 even though its already expired?

Edited July 28, 2020 by Olek_
additional question

[milimelo 4,498]

You won’t be able to get a SS number until you either have an EAD or a green card. Should’ve applied for SSN as soon as you arrived in the country. 
 

send off for AOS and wait. 

[Olek_ 0]

1 minute ago, milimelo said:

You won’t be able to get a SS number until you either have an EAD or a green card. Should’ve applied for SSN as soon as you arrived in the country. 
 

send off for AOS and wait. 

For real? Even in the extraordinary circumstances?

[Crazy Cat 41,979]

6 minutes ago, Olek_ said:

Hi, Im Olek. Id firstly like to say that this is my first time actually posting here, but I have been checking in on threads here regularly over the last few years. My (now) wife and I are very grateful for all the help we've received secondhand by reading posts here! But now we're somewhat lost and don't know where else to ask for help on the next steps of the process. 

 

I am the K1 holder, I came over from England at the start of 2020, and we got married in mid-February. Then COVID-19 hit, and we locked down and have been continuing to follow the best practice advice and ordinances in LA County, and have not sent off for the Adjustment of Status (I-485) or Social Security Number (SS-5). 

In this article the advice given is that you should apply for an SSN before your I-94 expires, which has me worried as someone far past that deadline due to the circumstances. I would be grateful for any advice going forward with the I-485 and SS-5 

 

For example, when sending off my SS-5 (since offices are shut still), should I include my i94 even though its already expired?

You don't need a SSN to apply for adjustment of status...there is no reason to wait....you are now out of status and subject to removal.  Once you file a proper I-485, you will be granted authorized stay.  As stated above, you will have to wait for your EAD or green card to receive a SSN.

[Olek_ 0]

Okay, thank you for your help. I wanted to send off for SSN right now because I'd like to open a bank accouht, and I know the processing time for the 485 would probably be a lot longer

[geowrian 22,337]

6 minutes ago, Olek_ said:

For real? Even in the extraordinary circumstances?

You do not meet the requirements to be issued an SSN right now. It requires legal status with at least 14 days remaining. The circumstances don't matter.

 

The sooner the I-485 is sent - along with the I-131 + I-765 - the sooner you would qualify for an SSN again. The EAD or a green card will  suffice for SSN eligibility.

As noted, an SSN is not needed to file for AOS. There was no advantage to waiting since mid February to do so.

[Lucky2Lucky 2,526]

18 minutes ago, Olek_ said:

For real? Even in the extraordinary circumstances?

But it wasn’t extraordinary circumstances upon arrival to the US. It sounds like you are using Covid as an excuse. You came here in presumably January and had 75 days to obtain a SSN. Offices didn’t close until mid March. File your AOS now, you probably won’t be able to work until 2021 now that you’ve waited so long. You will get your SSN after your EAD (hopefully you file that as well) You also missed the deadline for not having to file the I944. Make sure you read up on what forms you need, gather your documents and submit your paperwork. There’s no reason you couldn’t do this while quarantined lol I hope your wife at least signed you up for health insurance after you got married. Good luck and really read up and educate yourself on what you need moving forward.

 

30 minutes ago, Olek_ said:

Hi, Im Olek. Id firstly like to say that this is my first time actually posting here, but I have been checking in on threads here regularly over the last few years. My (now) wife and I are very grateful for all the help we've received secondhand by reading posts here! But now we're somewhat lost and don't know where else to ask for help on the next steps of the process. 

 

I am the K1 holder, I came over from England at the start of 2020, and we got married in mid-February. Then COVID-19 hit, and we locked down and have been continuing to follow the best practice advice and ordinances in LA County, and have not sent off for the Adjustment of Status (I-485) or Social Security Number (SS-5). 

 

 

[Olek_ 0]

On 7/28/2020 at 2:18 PM, Luckycuds said:

But it wasn’t extraordinary circumstances upon arrival to the US. It sounds like you are using Covid as an excuse. You came here in presumably January and had 75 days to obtain a SSN. Offices didn’t close until mid March. File your AOS now, you probably won’t be able to work until 2021 now that you’ve waited so long. You will get your SSN after your EAD (hopefully you file that as well) You also missed the deadline for not having to file the I944. Make sure you read up on what forms you need, gather your documents and submit your paperwork. There’s no reason you couldn’t do this while quarantined lol I hope your wife at least signed you up for health insurance after you got married. Good luck and really read up and educate yourself on what you need moving forward.

 

 

Yes you're right, we're both anxious avoidant types and COVID hasn't helped us there. No I dont have health insurance either, we're not currently in a position to I dont think. She lost her income due to COVID (her parents support us at their home)

 

You're telling me I coulda not done the 944 at all? that's been one of the biggest sticking blocks for us

[Ontarkie 14,275]

~~Moved to AOS FAmily K1/K3 P&P, from K1 P&P - as the OP is at the AOS stage.~~

[marianabrasil 25]

Hi@Olek_!

 

Forget about getting your SSN at this moment, you will not get it at this point. You will have to file your AOS + Employment Authorization + Advance Parole and when submitting you work application, request a SSN on the form (there is a proper space for that).  

Since you are currently out of status and aware of the consequences, do not wait anymore. Good luck!

[geowrian 22,337]

2 hours ago, Olek_ said:

You're telling me I coulda not done the 944 at all? that's been one of the biggest sticking blocks for us

It was required from late February through until about a week ago when an injunction has suspended the rule requiring that form. So it's only very recently that the I-944 is no longer required to file.

[Lucky2Lucky 2,526]

4 hours ago, Olek_ said:

Yes you're right, we're both anxious avoidant types and COVID hasn't helped us there. No I dont have health insurance either, we're not currently in a position to I dont think. She lost her income due to COVID (her parents support us at their home)

 

You're telling me I coulda not done the 944 at all? that's been one of the biggest sticking blocks for us

Correct the form was only required Starting at the end of February 

[Lucky2Lucky 2,526]

1 hour ago, geowrian said:

It was required from late February through until about a week ago when an injunction has suspended the rule requiring that form. So it's only very recently that the I-944 is no longer required to file.

I just saw an article that it is required except for CT, NY and VT

[geowrian 22,337]

40 minutes ago, Luckycuds said:

I just saw an article that it is required except for CT, NY and VT

There was a separate injunction, but AFAIK, the nationwide injunction is still in effect.

USCIS does not even have the form on their website anymore, so there's no (official) way to even get it.

 

Edit: Looks like this is new as of ~6 hours ago (I've been out all day and just saw this.). The claim is a 2nd circuit judge narrowed the prior injunction to just those states. I have not yet been able to analyze the actual ruling, and USCIS has not updated their website accordingly yet.

Edited August 13, 2020 by geowrian