Status Change Question

[humble_pinoy 0]

Good evening all. Just have a question regarding about applying for status change. Me and my wife got married before her I-94 expires and she came here on a K1 visa. Her I-94 is not expired yet. But I was wondering can she still apply for status change after her I-94 expires? Thanks for your time.

[Used to be broken 147]

Good evening all. Just have a question regarding about applying for status change. Me and my wife got married before her I-94 expires and she came here on a K1 visa. Her I-94 is not expired yet. But I was wondering can she still apply for status change after her I-94 expires? Thanks for your time.

Do you mean AOS = Adjustment of Status? Didn't she get a 2 year conditional green card?

[humble_pinoy 0]

Do you mean AOS = Adjustment of Status? Didn't she get a 2 year conditional green card?

Yes thats what I meant sorry. No was she suppose to with a K1 visa?

[Used to be broken 147]

Yes thats what I meant sorry. No was she suppose to with a K1 visa?

I would check the guides here on the K1 visa, not sure exactly what happens after the marriage ceremony.

[marriedtomrg 141]

There is no deadline, so to speak, for applying for Adjustment of Status after you get married on a K1. You can file it even after your wife's I-94 expires, but it is not really recommended. There are some disadvantages of not filing it right away. one of them is that she cannot work, because when you file for adjustment of status (I-485 + G-325A + I-864), you normally apply for employment authorization (I-765) and advance parole (or AP, I-131) also. She needs employment authorization to get a SSN...and without an SSN, doing a bunch of stuff you normally take for granted is not even possible...like opening a bank account, or including her in your 2010 tax filing.

Filing the adjustment of status will keep her in status until a decision to give her a green card becomes final.

May I ask, why haven't you filed yet?

Good evening all. Just have a question regarding about applying for status change. Me and my wife got married before her I-94 expires and she came here on a K1 visa. Her I-94 is not expired yet. But I was wondering can she still apply for status change after her I-94 expires? Thanks for your time.

[Deputy Purple 1,294]

Not to mention, once her I-94 expires and there's no AOS filed then she begins to accumulate overstay (illegal presence) and if something happens where she needs to fly home she can't (even with AP once she's 180 days overstay) without incurring a re-entry ban.

[marriedtomrg 141]

Amen to that!

Not to mention, once her I-94 expires and there's no AOS filed then she begins to accumulate overstay (illegal presence) and if something happens where she needs to fly home she can't (even with AP once she's 180 days overstay) without incurring a re-entry ban.

[Tahoma 2,292]

She needs employment authorization to get a SSN...

Not true. A K-1 can apply for a Social Security card within a week or so after arriving in the U.S. After applying for a Social Security card, the K-1 will receive it a couple of weeks later.

@OP...If she is out of status, you had better hope the police or immigration never ask to see her papers.

[marriedtomrg 141]

But they're married na...read so much about married K1 applicants having a hard time getting a SSN after they are married. SSA usually tells them they either need the EAD or the green card na to apply for an SSN.

Not true. A K-1 can apply for a Social Security card within a week or so after arriving in the U.S. After applying for a Social Security card, the K-1 will receive it a couple of weeks later.

@OP...If she is out of status, you had better hope the police or immigration never ask to see her papers.

[Deputy Purple 1,294]

But they're married na...read so much about married K1 applicants having a hard time getting a SSN after they are married. SSA usually tells them they either need the EAD or the green card na to apply for an SSN.

That's not because they're married that they can't get a SSN, it's because they waited too long and don't have the required (I think it's 14 days) validity remaining on their I-94...

[marriedtomrg 141]

Gotcha. Thanks for the clarification.

That's not because they're married that they can't get a SSN, it's because they waited too long and don't have the required (I think it's 14 days) validity remaining on their I-94...

[Florianns Man 7]

Gotcha. Thanks for the clarification.

Oh well, when it comes to my experience, I had an ample time before my 1-94 expires (21 Nov.2010). However, when I went to SSN office to apply for SSN they declained our application since I already married and the officer said that since we got married k-1Visa is no longer valid or applicable..If I apply before I got married they will process my application as my 1-94 still a long way to be expired.

The officer told us that once I got the approval of my EAD or GC they will process...So I dont have choice but to wait my EAD..

Edited October 22, 2010 by Florianns Man

[Deputy Purple 1,294]

However, when I went to SSN office to apply for SSN they declained our application since I already married and the officer said that since we got married k-1Visa is no longer valid or applicable..If I apply before I got married they will process my application as my 1-94 still a long way to be expired.

That employee is an idiot, you should have requested to speak to a supervisor.

Once you enter the K-1 Visa becomes "invalid" as it is a single use Visa. The I-94 is what governs your legal status.