NEED HELP!!!!

[MagicKingdom 1]

I just learned of Visa Journey. We went through the K-1 Process. She entered the USA on Feb 26 Married on May 20th. At no time were we ever told about change of Status or anything else that needed to be done other than getting married 90 days after entry into the USA.

recently went to get a state ID .. Were rejected for state ID because her I94 expired as of May26th. They said she is currently out of status and cannot get a state ID. Then learned something about change of status.

Why were we never told about this during the whole K-1 process or entry into the USA or Visa interview? I was there at the Visa Interview with her and also at the POE and nothing was every said other than getting married within 90 days.

What Do we do now??? NEED HELP!!!

[Hypnos 6,578]

When you enter on a K-1 visa you have to: (a) get married within 90 days (it sounds like you did this), and then (b) file to adjust status to permanent resident. Since you have yet to do (b) then she is out of status and can obtain no official ID or social security number (unless you already applied for one before her I-94 expired) and is technically present in the US illegally.

Use the following guide to file for AoS: http://www.visajourney.com/content/k1k3aos

[MagicKingdom 1]

When you enter on a K-1 visa you have to: (a) get married within 90 days (it sounds like you did this), and then (b) file to adjust status to permanent resident. Since you have yet to do (b) then she is out of status and can obtain no official ID or social security number (unless you already applied for one before her I-94 expired) and is technically present in the US illegally.

Use the following guide to file for AoS: http://www.visajourney.com/content/k1k3aos

She got a SS number.. but we were not aware she had to also get state ID before the I94 expired. Does it make more problems to file for AOS out of status? IS there any fines or aditional forms that need to be filed? Why did no one at the embassy or during POE inform us that she need to change of status and aditional fomrs needed to be filed?

[GandK 168]

She got a SS number.. but we were not aware she had to also get state ID before the I94 expired. Does it make more problems to file for AOS out of status? IS there any fines or aditional forms that need to be filed? Why did no one at the embassy or during POE inform us that she need to change of status and aditional fomrs needed to be filed?

It shouldn't be any problem to file for AOS out of status. There is no additional forms/fee, please follow the guide.

Some embassies/POEs inform you, some don't. But the information is on the embassy, department of states website under K-1 visa.

I am glad that I found information on VJ too.

If you did not get married within 90 days. That would be a HUGE problem, as you will have to start K-1 or now CR-1 all over.

Good luck

[Hypnos 6,578]

As already stated, provided you got married within the prescribed 90 day period then there is no issue to filing the AoS late.

As soon as you file your wife will be placed back into a period of authorised stay until her application is finally adjudicated (this could take several months) and can go and get a state ID once she receives her Employment Authorisation Document (obtained by filing the I-765 mentioned in the guide - there is no fee for this).

[Pinkrlion 2,724]

She got a SS number.. but we were not aware she had to also get state ID before the I94 expired. Does it make more problems to file for AOS out of status? IS there any fines or aditional forms that need to be filed? Why did no one at the embassy or during POE inform us that she need to change of status and aditional fomrs needed to be filed?

The federal govt will only discuss with you about what you are currently doing, and the laws associated with the processing of that petition. How did you find out about K-1? They assume you have already educated yourself on the entire process. Visit USCIS website to educate yourself on the process, forms, income guidelies, among other info. Also, use the links here to further assist you.

[Azteca143 9]

I just learned of Visa Journey. We went through the K-1 Process. She entered the USA on Feb 26 Married on May 20th. At no time were we ever told about change of Status or anything else that needed to be done other than getting married 90 days after entry into the USA.

recently went to get a state ID .. Were rejected for state ID because her I94 expired as of May26th. They said she is currently out of status and cannot get a state ID. Then learned something about change of status.

Why were we never told about this during the whole K-1 process or entry into the USA or Visa interview? I was there at the Visa Interview with her and also at the POE and nothing was every said other than getting married within 90 days.

What Do we do now??? NEED HELP!!!

If your wife went through the CFO seminar(which is really must,b'cos u can't fly without the CFO sticker

on your passport)...they discuss about this matter,what we should do by the time we will get here in US.

and they even sell a guide book if you buy for 150 pesos.i'm wondering why she never knew about it.

[Penguin_ie 5,997]

*** Moving from K1 to AOS from Family visa forum, as this is the process the OP now needs ****

[Bryan and Isabel 29]

I just learned of Visa Journey. We went through the K-1 Process. She entered the USA on Feb 26 Married on May 20th. At no time were we ever told about change of Status or anything else that needed to be done other than getting married 90 days after entry into the USA.

recently went to get a state ID .. Were rejected for state ID because her I94 expired as of May26th. They said she is currently out of status and cannot get a state ID. Then learned something about change of status.

Why were we never told about this during the whole K-1 process or entry into the USA or Visa interview? I was there at the Visa Interview with her and also at the POE and nothing was every said other than getting married within 90 days.

What Do we do now??? NEED HELP!!!

Hope is not lost my friend, now that you have the facts and a guide on this website. Just apply for the AOS ( adjustment of status)as soon as possible and everything will be ok. You don't need to worry or panic.

[SPSguy 18]

There is nothing to worry about.

I have friend that filed AOS 12 years after arrival in the USA. It was approved easily. She had 2 kids and was still married to the sponsoring spouse.

They had very little income and kept delaying the filing of the i 864. She was able to obtain a GC and work permit all these years.