AOS Filing and IDentifications now expired

[JANETandLYLE 11]

Been close to two years since we were married. preparing to AOS now, but both my Wife's id's (passport and k1 visa) are expired. Anyone see a problem with our AOS? I was not aware of the chance to get her social security card right away, and we now missed that chance. We will have to wait after we AOS How about the ID's??

[NancyNguyen 1,657]

Been close to two years since we were married. preparing to AOS now, but both my Wife's id's (passport and k1 visa) are expired. Anyone see a problem with our AOS? I was not aware of the chance to get her social security card right away, and we now missed that chance. We will have to wait after we AOS How about the ID's??

IMHO, I would contact my general consulate in the US to get a passport ASAP. They do have expedited service, or we can wait a little bit to get a valid passport. You two have waited 2 years already so another couple weeks won't hurt.

[VanessaTony 3,567]

IMHO, I would contact my general consulate in the US to get a passport ASAP. They do have expedited service, or we can wait a little bit to get a valid passport. You two have waited 2 years already so another couple weeks won't hurt.

She doesn't need a valid passport. It would be a good idea, but it's not a requirement. Even if expired it's good ID.

[Brother Hesekiel 2,236]

Been close to two years since we were married. preparing to AOS now, but both my Wife's id's (passport and k1 visa) are expired. Anyone see a problem with our AOS? I was not aware of the chance to get her social security card right away, and we now missed that chance. We will have to wait after we AOS How about the ID's??

The K-1 visa expired the day she entered.

Her I-94 expired 90 days after she entered.

None of this, nor the fact that her passport is now expired, matters for AoS purposes.

The fact that you are almost 2 years married now will work in your favor. If your AoS petition is being approved after you have been married for 2 years, she'll receive an unrestricted 10-year Green Card, instead of a conditional 2-year one. That means you would not have to go through the Removal of Conditions ($590) two years later.

What I strongly suggest you do is file an I-130 concurrently with your I-485. The I-129F you submitted leads to a 2-year Green Card, but once you are married for 2 years, that would result in a 10-year Green Card. Hence, there's a conflict brewing on the horizon and we all are well aware of it. By submitting an I-130, your AoS petition will not be based on the old 129-F from the K-1, but be handled as a completely new petition, based on a foreigner who got married to a U.S. citizen. That's $420 very well spent.

[JANETandLYLE 11]

"None of this, nor the fact that her passport is now expired, matters for AOS purposes." Thanks for all the great responses! I wasn't sure about both id's being expired, but thought we were ok. Now my only issue, is I just filed taxes for 2010 with the IRS, and they won't give my wife a ITIN (or like social security number)because her ID is expired. Any idea's??? I did file married (because I am). What can I do from here??

[JANETandLYLE 11]

"Even if expired it's good ID." It is a good id, but as far as IRS is concerned, they will not accept it as an id. They are saying it is expired. I was trying to get my wife a ITIN number for us paying our taxes as a married couple. IRS is denying giving her a tax id number. They want valid id with pic.

[ceadsearc 516]

Did your wife work? I am assuming without ID probably not. I was advised by IRS that I could write "non resident alien" on the form where it asked for my husband's social. I did this (as we also has trouble procuring a tax ID) & had no trouble with IRS or USCIS, though I did have to mail it as the electronic system wouldn't accept non-numerical values.

[JANETandLYLE 11]

thanks I'll check into that with my Accountant. I may need to just call the IRS on this, and ask them what they expect me to do. I may need to fly out to the Consulate office and get her a renewed passport.

[JANETandLYLE 11]

Don't need to do anything as far as a id for my Wife then for AOS. We will prepare to file for AOS, and get new ID and passport afterwards. My Wife did not work. Called IRS too, no big deal with needing a current ID for her either. All is good. Thanks everyone for your help!