SSN for K1 Fiance

[krieg23 0]

Hi,

My fiance and I got married before the 90days and have submitted our i-864 package and i-130. We didn't get her SSN before her i-94 had expired though, can I get one with a certified marrige certificate and the expired I-94?

Thanks for any help.

[Zedayn 485]

If you got married on a K-1 visa, you don't need to file an I-130. Did you file for your adjustment of status form I-485? You need to apply for an EAD (form I-765) in order to apply for an SS number sooner, otherwise you will have to wait for your green card. If you haven't filed for AOS I strongly suggest you do so.

Since your I-94 is expired, you can apply for an SS number when you have either of the following:

• You receive your EAD card (takes about 2 to 3 months to receive)
• You receive your green card (takes 6 months to a year or more to receive)

[krieg23 0]

I filed the 485 didn't send the 130 yet so I will skip it if not necessary. We began the process for the form i-765 already but I am unsure if I need to reapply since her i-94 has expired since we started the process?

[slowlyman 118]

Back up the bus for a minute.

First fill in your timeline so we know where you are at in the process.

2nd, if you came in on a K-1 you should not be filing a I-130. You should be filing a I-485, I-765, I-131, I-864. and supporting documents.

[baron555 934]

Hi,

My fiance and I got married before the 90days and have submitted our i-864 package and i-130. We didn't get her SSN before her i-94 had expired though, can I get one with a certified marrige certificate and the expired I-94?

Thanks for any help.

No, you have to wait until she gets the EAD, then you can get one that does not allow work and then get the regular card once she gets teh GC.

[Zedayn 485]

The expiration on the I-94 doesn't matter for the I-485, I-765, or I-131. Did you file the I-765 and I-131? If not, file them both with their required documents, and include a copy of your NOA1 from your I-485 application. Since you filed the I-485, your fees are waived when filing the I-765 and I-131.

[slowlyman 118]

The expiration on the I-94 doesn't matter for the I-485, I-765, or I-131. Did you file the I-765 and I-131? If not, file them both with their required documents, and include a copy of your NOA1 from your I-485 application. Since you filed the I-485, your fees are waived when filing the I-765 and I-131.

The fees are waved if they file together. It sounds like they have submitted the 485 already

[Zedayn 485]

The fees are waved if they file together. It sounds like they have submitted the 485 already

The fees are still waived if they include a copy of their NOA1 from their AOS application.

[slowlyman 118]

Where did you read that?

[Zedayn 485]

Where did you read that?

From the I-765 instructions, page 9: http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

NOTE:

If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007.

From the I-131 instructions, page 10-11: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

NOTE:

If you filed Form I-485 on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending, if:

1. You now hold U.S. refugee or asylee status, and are applying for a Refugee Travel Document (see Form I-131, Part2., Application Type, Item Number 1.b.); or
2. You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Form I-131, Part 2., Application Type, Item Number 1.d.).

Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.

[slowlyman 118]

Good to know, Thanks

[TBoneTX 45,291]

*** Thread moved from K-1 Process forum to the Social Security Numbers subforum -- OP is past the K-1 stage. ***

[krieg23 0]

I did it backwards and filed the 765 when she first arrived so I think that was already a sunk cost. I sent the full package for i-485 after we got married (325, 864, etc). So probably paid twice by not thinking it through. I just don't want the 765 process to be reset because the 94 expired.

[Zedayn 485]

If you applied for the I-765 before marriage and filing AOS, then the EAD card you would have received is already expired (expires with the I-94). You will have to re-apply for the I-765 again.