Jump to content
Olek_

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

14 posts in this topic

Recommended Posts

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 by Olek_
additional question

Share this post


Link to post
Share on other sites

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. 


ROC 2009
Naturalization 2010

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites
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.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

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

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
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.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline
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). 

 

 


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Brazil
Timeline

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!

Share this post


Link to post
Share on other sites
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.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline
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 


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline
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


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
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 by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...