Between AOS and K1

[the.ronin 0]

There are a number of items we still need to get for AOS filing. What happens during the time between the end of the K1 90 day period and AOS? Is my fiance is technically illegal??

We crossed the border Sep 29, got married Dec 1, and are still waiting for the marriage license to process (4-5 weeks according to the county recorder). We also still need to get her medical examination.

Also, we going to need to wait until she gets her EAD renewal to get her social security # right?

Thanks a lot for any feedback.

[ELW 5]

You are married now, and therefore have filled the requirements of the K1 visa. There is no time limit for filing for AOS, your husband remains legal. However, best to file for AOS as soon as possible, so he can get a SSN and EAD.

Your husband could have filed for the SSN before you got married, but after marriage yes, you have to wait for the EAD or green card. Good luck with getting everything together to file for AOS as soon as possible!

[the.ronin 0]

ELW thank you so much for the prompt and reassuring reply. Actually it's for my wife

Yes, the SSN is proving to be elusive. We wanted to wait to get married to get an SSN under her married name. But doing so broke the 10 day (?) before EAD expiration guideline for SSN issuance. Now we are stuck waiting for the EAD renewal under AOS to get the SSN.

Morale of the story? Don't take a breather after the K1. If anything, timing immediately after the K1 is more of the essence than anywhere else in the process ... I'm realizing that the hard way.

Thanks again and Happy and Safe Holidays!!

[athena_ny 1]

You are married now, and therefore have filled the requirements of the K1 visa. There is no time limit for filing for AOS, your husband remains legal. However, best to file for AOS as soon as possible, so he can get a SSN and EAD.

Your husband could have filed for the SSN before you got married, but after marriage yes, you have to wait for the EAD or green card. Good luck with getting everything together to file for AOS as soon as possible!

After marriage he still could have gotten an SSN - after 76 days in the country is when you can no longer receive it until EAD. People have been told their marriage means they can't get an SSN, but that in and of itself is not true.

Her husband will also technically be out of status, but that doesn't really matter for all intents and purposes. It's not like he'll get deported, it is understood that not everyone can file by the 90 days is up. But yeah, he won't really be illegal either.

[Kathryn41 3,205]

Just a point of clarification - you mention EAD renewal? If your wife entered at JFK and got an employment stamp that employment authorization ends when the I-94 ends. It cannot be renewed. When your wife files for her AOS, she will also submit an application for the EAD at the same time (it is included in the fee). When she receives that EAD - which is based upon the AOS application, not the K-1 visa - she can get her SSN and start to work. Just so you know, it isn't a 'renewal EAD' - it is the EAD based upon the AOS.

In the meantime, she is considered 'out of status' but that is not technically considered 'illegal presence'. Once she files for the AOS (and the application is received), her status will then be "AOS applicant" and once again valid. Good luck.

Edited December 25, 2007 by Kathryn41

[the.ronin 0]

Thanks again for the great responses.

Kathryn, actually she was issued "employment authorization" at the San Ysidro (San Diego) point of entry. I had also read that only JFK was issuing EAD and was pleasantly surprised when the border agent insisted that EAD came automatically with the K-1, going so far as to offer to stamp her passport "employment authorized" if "it would make me feel better" haha.

Thank you though for the clarification.