K-1 Recipient on edge of eligibility for selective service

[Spoom 8]

Hi folks,

I came to the US in November as a K-1 fiance. My 26th birthday is January 17, which means I'll no longer be eligible for selective service.

The form at the Selective Service website requires a social security number which I currently do not yet have.

What should I do, and will this screw me over for adjustment of status?

Panicking a little here.

Edited January 15, 2010 by Spoom

[Malrothien 6]

I didn't think you had to register until you were already a permanent resident.

[Spoom 8]

I think they treat the K-1 as an immigrant visa though, which I thought meant you had to register.

[Kathryn41 3,205]

Try registering without the SSN and see what happens. If it is rejected you will have documentation to show that you tried. If it is accepted, then you have complied.

[Spoom 8]

I'm finding a lot of stuff that says that registration is based on "the date you entered the country as a permanent resident".

I'm immensely confused and my fiancee is freaking out. Can anyone answer this for me?

Try registering without the SSN and see what happens. If it is rejected you will have documentation to show that you tried. If it is accepted, then you have complied.

The website won't take a registration without an SSN. I'll see if I can get a PDF form.

Edited January 15, 2010 by Spoom

[Spoom 8]

We're heading to the post office tomorrow morning to fill out the mailback form. This wouldn't be an issue if they'd just accept a registration online without a social security number.

I'm worried because that means that selective service will probably receive it after the 17th, which they'll then reject, leaving me in limbo.

Any ideas? Any comments on how this will affect me (I'm assuming it makes me completely ineligible for naturalization until my 32nd birthday if I can't register)? Are they likely to deny my AOS and/or deport me for this?

[Hugglebuggles 60]

I don't really have any experience dealing with something like this, but I can't imagine that it would cause you that much trouble Spoom. It just seems very unreasonable. Have you filled for an SSN yet? Why not just wait until you have your Social Security number and then register? If your timeline is correct you aren't planning on getting married for another week. So when you consider the time it may take you to get your AOS package together and have your recorded marriage certificate in your hand you still may have your SSN and be able to register for the selective service before you send in your AOS application. Or, what would be the harm in sending it in while your AOS is pending and then present it at your AOS interview (if you get one) later? Just a couple ideas.

Unfortunately it seems like females come to the US on K-1 visas more often than males, so there may not be a whole lot of similar experiences out there, but you can't be the only person who has gone through this. Hopefully someone who has will come and share their experiences.

[Wyatt's Torch 45]

Just chipping in to say that this is the first I'd heard anything about Selective Service. Ever. I'm dead serious. I had no clue it even existed.

But from what I read on their website, it doesn't look to be something that will affect you. You're not a citizen or even a permanent resident yet. You're not even an immigrant, since the K-1 is a NON-immigrant visa. So as of right now, you are only a visitor to the United States, and it will remain so until you file for AOS. I think you might have had more to be concerned about if you were a Permanent Resident or a Citizen before your 26th birthday...but as it stands, I'm GUESSING (and be assured, it's just an educated guess) that you should be fine. I can't see why not.

[Spoom 8]

I don't really have any experience dealing with something like this, but I can't imagine that it would cause you that much trouble Spoom. It just seems very unreasonable. Have you filled for an SSN yet? Why not just wait until you have your Social Security number and then register? If your timeline is correct you aren't planning on getting married for another week. So when you consider the time it may take you to get your AOS package together and have your recorded marriage certificate in your hand you still may have your SSN and be able to register for the selective service before you send in your AOS application. Or, what would be the harm in sending it in while your AOS is pending and then present it at your AOS interview (if you get one) later? Just a couple ideas.

Great ideas, were my birthday not on Sunday.

To be clear, I'm worried about aging out of the selective service process at 26, and then having that haunt me for AOS and naturalization later.

I'm encouraged by Wyatt's posting that the K-1 is a non-immigrant visa. I was aware of this, but I really, really wish they'd be more clear about when they want people to register. If the naturalization people go by my age at the time of my green card's "resident since" date, then I agree that I should be fine, but I'm finding conflicting reports about the idea, mostly stemming from the whole part-resident, part-non-resident "limbo" that the K-1 puts one in.

*sigh* Nothing about this is ever easy. Thanks folks, I'm hoping making the effort to register tomorrow morning will count for something.

[Allie 5]

Who must register

Under current law, all male U.S. citizens are required to register with Selective Service within 30 days of their 18th birthday. In addition, foreign males between the ages of 18 and 26 living in the United States must register. This includes permanent residents (holders of Green Cards), refugees, asylees, dual citizens, and undocumented/illegal aliens.[2] Foreign males in the United States as lawful non-immigrants (international students, visitors, diplomats, etc.) are not required to register.[2] Failure to register as required is grounds for denying a petition for US citizenship.

From what I read here you're a lawful non-immigrant and not required to register.

[Allie 5]

Who must register

Under current law, all male U.S. citizens are required to register with Selective Service within 30 days of their 18th birthday. In addition, foreign males between the ages of 18 and 26 living in the United States must register. This includes permanent residents (holders of Green Cards), refugees, asylees, dual citizens, and undocumented/illegal aliens.[2] Foreign males in the United States as lawful non-immigrants (international students, visitors, diplomats, etc.) are not required to register.[2] Failure to register as required is grounds for denying a petition for US citizenship.

http://en.wikipedia.org/wiki/Selective_Service_System

From what I read here you're a lawful non-immigrant and not required to register.

[Spoom 8]

Thanks Allie, I'm glad that others are seeing this the same way. I just want to make sure all my bases are covered.

Any comments on the validity of the claims made on the British Expat website, such as the idea that one becomes a de facto resident as soon as one arrives, even if on a non-immigrant dual-intent visa like the K-1? Will anyone try to pull that logic out during naturalization, or if I apply for federal post-secondary loans to finish my bachelor's degree?

Also, is it actually a good idea for me to try to send in the registration card at a post office tomorrow, since that would seem to indicate to USCIS and anyone else involved that I know about the process and simply didn't register in time? I know it won't make it to the selective service people until my birthday is passed, so will it help at all?

Edited January 16, 2010 by Spoom

[Spoom 8]

OK, update! (Since, y'know, sleeping is overrated.)

I've examined the laws directly and it seems that the non-immigrant theory should be correct.

Sec. 453. Registration

Except as otherwise provided in this title (sections 451 to 471a of this Appendix) it

(a) shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States.

And for completeness...

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens

...

(K) subject to subsections (d) and (p) of section 214, an alien who--

(i) is the fiancee or fiance of a citizen of the United States (other than a citizen described in section 204(a)(1)(A)(viii)(I) ) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission;

Can someone comment on the validity of my interpretation of the laws? I am not a lawyer but I believe this indicates that I have no selective service registration duty until I am a permanent resident.

I need to know whether or not to attempt to register tomorrow... at this point, I'm leaning toward "there would be no point either way" but I think I might be better off not to register since they'd get it after I was 26 and it would muddy the waters for any claim of being a non-immigrant and therefore exempt.

Post office opens at 8 AM and closes at 12 PM tomorrow due to it being the weekend, so responses are kinda urgent. I greatly appreciate the advice.

[ScooterMac 2]

Here's what we're leaning towards at the moment:

Writing a letting explaining that we were unsure of whether or not Spoom needed to register, and attach it with his selective service registration form. That way, if he still needs to be registered, the letter was sent before his 26th birthday (dated and postmarked), but if he wasn't they understand why he tried.

Any thoughts?

[Flames9_RN 358]

http://www.sss.gov/CONTACT.HTM you can call them, and they might know!