"Out of Status" question, what do I put on forms when I-94 Expires and no SSN

[Trymester3 6]

So, it is starting to look more and more like I won't get our AOS paperwork sent out before the I-94 expires (This is mostly due to things like the I-693. She is missing the measles shot). Her I-94 expires April 25. I know that they wouldn't have received and processed it by April 25, but I was hoping that at least they would see that we did our part by getting it sent out before the I-94 officially expired.

If we indeed can not get it sent out before April 25, then there are things I will need to change on some of the forms. For example, on form I-765, question 14 asks what was her last status upon entering the USA. We will put K-1 Visa. Question 15 asks, what is her current status. Currently, it is K-1, but if we don't get these papers out before her I-94 expires, what should we put for Question 15? Should we put "None"? Should we just leave it blank? What do yo think?

She doesn't have a Social Security number yet. We will go apply for one tomorrow. Based on what I've read on this site she'll probably get denied because there are less than 2 weeks before I-94 Expiration.

She is a Japanese citizen and I am a US citizen. We got married on April 16, 2014.

Edited April 22, 2014 by Trymester3

[belinda63 3,047]

q14 correct

q15 I would leave as K-1 since that is how she entered

Social security number is not needed

When you file has no bearing on her approval with the K-1. She will be out of status and subject to penalities between the expiration of the I-94 and the receipt of the NOA-1.

[sweet cakes 326]

So, it is starting to look more and more like I won't get our AOS paperwork sent out before the I-94 expires (This is mostly due to . Her I-94 expires April 25. I know that they wouldn't have received and processed it by April 25, but I was hoping that at least they would see that we did our part by getting it sent out before the I-94 officially expired.

If we indeed can not get it sent out before April 25, then there are things I will need to change on some of the forms. For example, on form I-765, question 14 asks what was her last status upon entering the USA. We will put K-1 Visa. Question 15 asks, what is her current status. Currently, it is K-1, but if we don't get these papers out before her I-94 expires, what should we put for Question 15? Should we put "None"? Should we just leave it blank? What do yo think?

She doesn't have a Social Security number yet. We will go apply for one tomorrow. Based on what I've read on this site she'll probably get denied because there are less than 2 weeks before I-94 Expiration.

She is a Japanese citizen and I am a US citizen. We got married on April 16, 2014.

It is pretty normal for people to do AOS beyond I-94 expiration. However, it's always advisable to apply within the I-94 validity.

Her current immigration status will still be "K-1 visa holder"

She can't apply for her SSN tomorrow if her I-94 will expire on the 25th. She needs atleast 15 days before her I-94 expires. SSN is not required for AOS. She can apply for the SSN when her EAD/AP card arrives.

Edited April 22, 2014 by sweet cakes

[belinda63 3,047]

Ah you are referring to her not being able to get a ssn rather than her AOS being denied. Yes no point in wasting the time to apply she will not receive one. Just get the paperwork filed as soon as possible.

[Trymester3 6]

I have an ear-to-ear smile now as I read both of your responses. And it was Visa Journey that told me that they won't let her apply for the SSN if she has less than 2 weeks left on the I-94, but is there anywhere that this is officially stated? Even if we do it in person at the offices tomorrow, she won't get one? I tried to call the Social Security Number offices here in NYC that correspond to my zip code, but I had no luck. I will instruct her to wait for the EAD.

[KayDeeCee 4,896]

https://secure.ssa.gov/poms.nsf/lnx/0110211135

Expired documents or documents expiring within 14 days

Do not process the SSN application when a non-immigrant submits an expired Department of Homeland Security (DHS) document or one that will expire within 14 days, since we cannot assign an SSN.

[Trymester3 6]

You are one of my heroes Jay-Kay

Edited April 22, 2014 by Trymester3

[Trymester3 6]

I guess where it asks for an I-94 # on different forms, I can still put it down even though its expired, or not?

[KayDeeCee 4,896]

Yes, you still list the I-94 where it asks.

[mik2012 17]

You can get your tax receipt online a few days after they accept your refund. I filed Jan 18th, 2014 and got our Tax receipt Jan 21st online. We filed one year after she arrived and she is now waiting for her work permit to arrive at the house. Today we just got her daughter's K2 work permit approved and it only took 8 weeks after we filed for her.

[Trymester3 6]

mik2012, how is this related to my questions?