Selective Service Question

[KJC 1]

Hello

This is my husband's log in, I'm the US citizen wife. My husband got his green card in the mail a few days ago, and in the letter was a pamphet called "Guide for New Residents". It mentions the selective service. I didn't think he would need to sign up until after he got his green card, but according to the chart on the selective service website it looks like he was suppose to sign up as a legal alien. He came in on the K1 about two months before his 26th birthday, so according the website he is too old to apply now. Is this going to cause us problems when he applies for citizenship? I don't see how they could because we only had two months and it is entirely my fault for assuming we were good.

Does anyone have any experience with this? Thanks!

Edited January 25, 2009 by KJC

[Old Dominion 26]

There will be no problem. That information is not requested by USCIS.

[KJC 1]

After searching here I did see that on the AOS paperwork it says they automatically forward your information to the selective service (which is probably were I got that idea of not needing to do it before greencard or really worried about it before), but if your application isn't approved then you need to do it yourself (no problem there). However we never received any confirmation that my husband is registered which someone else said they got.

I guess I'll just have to call them about it tomorrow.

[pj1959us 0]

We didn't specifically sign up Chris (the K-2) with the Selective Service so it must have been done automatically with one of the billions of forms we've (um, I've ) submitted. There was a special card that came in the mail that confirmed that he had signed up. I don't recall the exact requirements but do double-check to ensure that he's abided by them. Anything you don't do that is required is bound to cause problems at some stage!

[KyngSilva 0]

You can check online and see if your husband is registered with the SSS. Just go to their website www.sss.gov . If he hasn't registered, make sure you start the process, or he wont be able to apply for his citizenship. Well he can apply, but will not be able to be approved. Good luck and let us know.

[KJC 1]

We didn't specifically sign up Chris (the K-2) with the Selective Service so it must have been done automatically with one of the billions of forms we've (um, I've ) submitted. There was a special card that came in the mail that confirmed that he had signed up. I don't recall the exact requirements but do double-check to ensure that he's abided by them. Anything you don't do that is required is bound to cause problems at some stage!

Did you get the forms before or after you got the green card? According the AOS form it says you need to apply on your own if you're not approved (which with the AOS I assume means after you get greencard). There no imformation on him on the sss.gov site, but he is over 26 now (he was under a month away from 26 when we applied for AOS) and too late to apply if AOS forwarding doesn't count.

[KyngSilva 0]

He has to apply with the SSS.gov regardless. What you need to do is fill out a Status Information Letter and explain in great detail why you did not register with the SSS. I got approved for my perm card in April 02, but did not get my card till July 02. I turned 26 in June 02. There was no information provided letting me know that I had to sign up.

So last yr in Sept 08 I sent them a preponderance of evidence, telling them why I did not apply. Took about 6 weeks, got my letter and number in the mail. I would also recommend calling and double checking with them about what else you can send. Let me know if you have any more questions. Without his SSS registration he cannot apply for any Federal Aid, or get any goverment jobs...

[JeremyR 8]

I didn't think he would need to sign up until after he got his green card, but according to the chart on the selective service website it looks like he was suppose to sign up as a legal alien.

Are you sure about that?

This chart (pdf format) makes it quite clear that "Lawful non-immigrants on visas" are NOT required to register but that "Permanent resident aliens" ARE required to register, which certainly suggests to me that you're not required to register until you have a green card.

I'm approaching my 26th birthday in April and awaiting my AOS interview. I entered (also K1) last May and haven't registered with the SSS because the rules always seemed clear to me that it was something that was something that's only required of LPR's.

[KJC 1]

I saw that chart already, wouldn't someone on a K1 be permanent resident alien since that is the goal of that visa? All the lawful non-immigrants examples seem to be temporary situations. I called the SSS phone number and the guy I spoke with thought my husband would have been OK if has we got married after his birthday since he'd was here on the visa, but technically he still was on the visa (wedding in May, applied for AOS in early June, his birthday late June, and K1 expired in September).

Also regarding the AOS, I'm confused. They say they will register you after you're approved with your registration date being the day you filed, BUT if you're declined then you need to apply for selective service on your own. If you didn't need to apply before you get a greencard, why would it say that? I'm also trying to figure out if he is actually good with SSS because of the AOS possibly registering him now that he's been accepted. The phoneline guy also mentioned the Status Information Letter, but are we good anyway because of AOS and the registration information is set up yet? Also what exactly does that status information letter do?

[KJC 1]

This post is linked at the bottom of the page: http://www.visajourney.com/forums/index.php?showtopic=149713

Has anyone gotten any sort of SSS registration information AFTER receiving the greencard? Or until last week has my husband not been a LPR and therefore I'm worrying for no reason?

[JeremyR 8]

I saw that chart already, wouldn't someone on a K1 be permanent resident alien since that is the goal of that visa?

No, I don't think so. The K-1 is a non-immigrant visa and permits entry for only 90 days. It's the subsequent adjustment of status proceedings that makes it permanent, which I why I'm sure you don't need to register until the date on your GC (or not at all if it comes after your 26th birthday).

I called the SSS phone number and the guy I spoke with thought my husband would have been OK if has we got married after his birthday since he'd was here on the visa, but technically he still was on the visa (wedding in May, applied for AOS in early June, his birthday late June, and K1 expired in September).

Remember that as soon as your husband walked through the immigration area at his port of entry, the K1 became null and void - the visa is good for entry only - it's his I-94 and later his AOS pending status that is his authority to be in the country after that. Until such time as the the GC is in hand, he's a non-resident alien, who entered on a visa, as detailed in the SSS document.

I really don't think you need to be concerned...

(edited for clarity )

Edited January 26, 2009 by JeremyR

[KJC 1]

I don't know about that, according to the "NON-CITIZENS" part of this page http://www.sss.gov/FSwho.htm it seems like someone who is here with the intent to indefinately live here must register. So if he technically wasn't on the visa but the I-94, then he should have registered? Also while I was on hold with the SSS, the on-hold loop did say that "immigrants must register 30 days after entry". I guess it all comes down to semantics, although common sense would say you don't need to do it until after greencard and it is taken care of with the AOS.

I'll call the USCIS line first chance I get for clarification.

[NickD 203]

First time registering for selective service hit home is when a post card arrived in the mail addressed to my USC son right before his 18th birthday. We know you are about to reach 18 years of age, your name, SS number, your address, etc. If you do not sign and return this card you may get up to a $10,000.00 fine and one year in prison. Ha, that was a nice birthday card to receive, told my son, you better sign it and drop in the mail box. That was the end of that.

Next time was on a pamphlet that came in with my girls conditional green cards, this was after the AOS stuff when they got the title of lawful permanent resident. A lawful PERMANENT resident with a card that was only good for two years with strong warnings they had file for a I-751? How does that word PERMANENT fit in? Also said they must carry their green cards with them at all times, does that include getting up at night and going to the bathroom? Do they sleep with their cards? Also stated if they are males between the ages of 18 and 26 must register with selective service, but don't recall them saying how, but you can find that on the net with google.

Ha, to play it safe, made an appointment with our USCIS approved medical doctor and got statements from him that my girls were female, and an extra measure was another statement from my immigration that neither was between the ages of 18 and 26. Actually kidding on this, but the threat you receive with Welcome to the USA is almost that bad.

But anyway, once you receive your condtional green card, is you are a male between the ages of 18 and 26, you must register for selective service, the idiots that wrote this law are still back in WW II where there is still time to train a guy, they are not up to date that we live in a nuclear age now where the world can be blown away in the event of an attack. It takes at least two years to train a guy!

Ha, my wife would like to live in Chicago, likes big cities, but was concerned on her oath, that she has to be willing to bear arms for this country, ha, said if we lived in Chicago, not even permitted to own an "arm". So don't worry about it, besides, if they do give you a gun, we would really be desparate. The big key factor in getting USC is having a job, filing a joint return and paying taxes.

Welcome to the USA.

[Marcel_25 0]

I was in the same situation. Came on a K1 Visa in October 2004 and turned age 26 in November 2004.I didn't become a Permanent Resident until June 2005. I recently requested a status letter from the Selective Service Center and they stated:

"We have received your inquiry as to whether you are required to register with

Selective Service.

Based upon our records and the information you provided, you were not required

to register with Selective Service because you entered the United States on a

valid visa as a lawful non-immigrant before the age of 26, and remained in that

status until your 26th birthday.

You should submit this letter to any agency concerned about your registration

status with Selective Service."

So basically if you get your Green Card and you are not 26...register.

If you are 26 and you get your Green Card... You don't register.

[KyngSilva 0]

You still have to beregistered with Selective service regardless. Whether you get a number or not is besides the point.

Applicants Between 26 and 31 Years of Age

A man between 26 and 31 years of age[1] who was required to register for Selective Service and who knowingly and willfully failed to register cannot demonstrate that he is eligible for naturalization. Every male naturalization applicant between 26 and 31 years of age who failed to register for Selective Service must provide evidence that his failure to register was not knowing and willful or that he was not required to register. If a male naturalization applicant between 26 and 31 years of age failed to register with Selective Service, the naturalization examination must be continued to give the applicant an opportunity to obtain evidence that his failure to register was not knowing and willful or that he was not required to register. If the applicant is unable to demonstrate that his failure to register was not knowing and willful or that he was not required to register, his naturalization application must be denied. Again, the decision must state explicitly that the INS has found that his willful failure to register with Selective Service means he cannot show that, during the requisite period before filing his application, he was not well disposed to the good order and happiness of the United States. The decision must cite § 316(a)(3).

So get the Status Information letter and your good to go.