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Is There An Expiration Date For K1 To File Adj Status

By Hy Vong in Vietnam

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Hy Vong Explorer

Hy Vong   9

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Filed: Country: Vietnam
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Hi All,

My wife arrived on a K1 Visa and we got married at the court 2 weeks after her arrival. I applied for her social security number but it's been 2 months, the Social Security Admin still saying they need to wait for verification from the immigration office.

I have not filed for Adjustment of Status for her K1. Her I-94 expires on March 13th but is it true that this is not a problem to apply for Adjustment of Status (I-864, I-485..) after March 13th since we have already got married correct?

thanks

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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You should be applying for AOS before the I-94 expires. You do not need the SSN to apply for AOS.

It could be a problem if you wait too long and something happens she could be sent back to her country. Because she will not be authorized to stay here when the I-94 is expired. When the AOS is filed it is an extension of authorized stay.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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Hi All,

My wife arrived on a K1 Visa and we got married at the court 2 weeks after her arrival. I applied for her social security number but it's been 2 months, the Social Security Admin still saying they need to wait for verification from the immigration office.

I have not filed for Adjustment of Status for her K1. Her I-94 expires on March 13th but is it true that this is not a problem to apply for Adjustment of Status (I-864, I-485..) after March 13th since we have already got married correct?

thanks

The hard requirement was that you married within 90 days of her arrival in the US, to which you complied. You will have no issues doing AOS after 3/13 but you should not wait too long either. The sooner you do, the sooner she will get her papers and the better off you are.

Congrats!

200px-FSM_Logo.svg.png


www.ffrf.org




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N-o-l-a Grand Master

N-o-l-a   7,167

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Filed: Citizen (apr) Country: Denmark
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You owe it to your wife to file it now so she can work and travel freely. :thumbs:

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Cori and Rob Collaborator

Cori and Rob   55

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Like Inky said, an SSN is not needed to file for AOS/EAD/AP. I'd get started on those papers and get them sent out. She won't be able to work, leave the country, or get a green card without filing. It takes a while for AOS to be approved anyway, so hopefully the SS office will be able to give her a number before then.

Edited by Cori and Rob
October 2007- Became friends gaming onlineJanuary 16, 2009- Met in person in UKDecember 25, 2011- Ten visits later, engaged!February 24, 2012- I-129F SentFebruary 29, 2012- NOA 1 ReceivedJuly 13, 2012- RFE email sad.pngJuly 20, 2012-RFE response mailed to CSCJuly 24, 2012-RFE response reviewJuly 26, 2012-NOA2!!!!July 30, 2012-NOA2 Hardcopy ReceivedAugust 3, 2012-NVC received case and forwarded to LondonAugust 6, 2012-Case received by LondonAugust 13, 2012-Packet 3 sent out by consulateAugust 15, 2012-Packet 3 receivedAugust 23, 2012-Mailed affidavit and original forms to Rob via express mailAugust 30, 2012-MedicalSeptember 3, 2012-Packet 3 sent to embassy with DS-2001September 4, 2012-Packet 3 and DS-2001 arrive in LondonSeptember 26, 2012-Packet 4 receivedOctober 11, 2012- lnterview- Result: APPROVEDOctober 18, 2012-Visa in handNovember 15, 2012- POE-ORDNovember 21, 2012- Legal wedding!!November 30, 2012- Applied for SSNDecember 7, 2012- SSN card came in mailDecember 20, 2012- AOS/EAD/AP sent outDecember 27, 2012-AOS/EAD/AP Text/email confirmationDecember 31, 2012-AOS/EAD/AP NOA1 received in mailJanuary 22, 2013-Biometrics appointmentFebruary 15, 2013- EAD/AP approvedFebruary 27, 2013- EAD/AP card arrived in mailApril 6, 2013- Big family wedding!!August 12, 2013-AOS text/email- APPROVED!! <p>May 16, 2015- ROC package sent to CSC August 15, 2015- ROC Approved!
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Hy Vong Explorer

Hy Vong   9

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Filed: Country: Vietnam
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Thanks guys!

I am getting started to fill out the AOS/EAD/AP forms and will send by Friday of this week. Would that be enough time or is it a little late because her I-94 expires on March 13th.

Also, I still have not filed 2012 tax because of the SSN, we got married before the new year so that means I have to file jointly married. I can't file jointly married until she receives her SSN correct?

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rummy522 Rookie

rummy522   2

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Filed: K-1 Visa Country: Vietnam
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Posted

Thanks guys!

I am getting started to fill out the AOS/EAD/AP forms and will send by Friday of this week. Would that be enough time or is it a little late because her I-94 expires on March 13th.

Also, I still have not filed 2012 tax because of the SSN, we got married before the new year so that means I have to file jointly married. I can't file jointly married until she receives her SSN correct?

You can either wait until she gets her SSN to file as Married Filing Jointly, or you can file now as Married Filing Seperate.

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