Hello all... I need Help for AOS...

[KatyF28 0]

I want to ask help on what to do if my fiance is currently unemployed.... I arrive here in US last April 9 and my fiance is still looking for a job but it's almost 2 months but until now he is still unemployed and I'm worried if I can't apply my AOS on time. Our wedding is on June 18. It's been tough here in applying a job. He is been to many website already and applying everyday. Thanks in advance...

[Kathryn41 3,205]

Topic has been moved from the K-1 Fiance Visa forum to the AOS from Family Based Visa forum as the OP is asking about the AOS process, not a fiance visa process, and it is better addressed in this forum.

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Moderator hat off . ..

It is tough when you are dealing with so many challenges at once. I can remove the stress on one of those challenges for you though. On a K-1 visa you agree to get married within 90 days of your entry to the US. Your June 18th wedding date (the day before my wedding anniversary, btw ) falls well within that 90 day time frame.

While it is best for you to apply for your AOS within that same 90 day time period, it is not a requirement. You can still apply for AOS after the 90 days expires - up to one year, in fact - as long as you got married within the 90 days.

The biggest concern is that between the time your I-94 expires and you apply for the AOS you will have no official legal status in the US. You do not have to leave the US - (in fact, don't!) and you should not have any problems with immigration since you met the conditions of your visa and have legal grounds to adjust your status from non-immigrant fiance to immigrant spouse. You would not, however, be allowed to work as you would not have employment authorization. You would not be able to get a Driver's License or State Identification as they require a dated immigration document to obtain, and you would not be able to leave the US and return without having to re-start the immigration process all over again.

You should make sure you apply for and receive your Social Security Number now, before the wedding, even if it means getting it in your maiden name and then changing it later to your married name, because you will most likely have a need for a Social Security Number. If you apply with less than 2 weeks of validity left on your I-94 they won't give it to you, and you would have to wait until you have proof of your legal status in the US - an employment authorization document or your green card - so get it now while you are eligible to apply, and worry about changing your name on it later when everything else is in order.

If you are not able to apply for AOS within the year of your marriage, you can still apply, but your husband will need to submit an I-130 petition at the same time, as the K-1 eligibility expires after 1 year.

So, don't worry if you are not able to afford the AOS before your I-94 expires. Make sure you do get married within the 90 days, and then as soon as you are can apply, either through your husband's new employment or by using a co-sponsor who is able to meet the income requirements, then apply. If your fiance has not looked at using a co-sponsor for the Affidavit of Support, that is something you should both consider now. It may make things easier for you until you are financially on your feet again.

Good luck to you both on the wedding and on the job search, and try not to worry too much.

Edited May 25, 2014 by Kathryn41

[KayDeeCee 4,893]

Very nice, detailed response from Kathryn.

Just want to point out that you can file anytime for AOS though. Even after a year, if you married within 90 days of entry. There is no deadline to file. You will not need to provide an I-130 if you file after a year, but you will need to get a new medical because the medical needs to be done within a year of filing for AOS. You just follow the same K-1-AOS guide as anyone else. No extra forms or fees, besides the new medical.

This is still the case, even if you did not file after 2 years or more > http://www.visajourney.com/forums/topic/496445-help-failed-to-adjust-status-after-they-got-married/?p=7014083

[KatyF28 0]

Topic has been moved from the K-1 Fiance Visa forum to the AOS from Family Based Visa forum as the OP is asking about the AOS process, not a fiance visa process, and it is better addressed in this forum.

*************

Moderator hat off . ..

It is tough when you are dealing with so many challenges at once. I can remove the stress on one of those challenges for you though. On a K-1 visa you agree to get married within 90 days of your entry to the US. Your June 18th wedding date (the day before my wedding anniversary, btw ) falls well within that 90 day time frame.

While it is best for you to apply for your AOS within that same 90 day time period, it is not a requirement. You can still apply for AOS after the 90 days expires - up to one year, in fact - as long as you got married within the 90 days.

The biggest concern is that between the time your I-94 expires and you apply for the AOS you will have no official legal status in the US. You do not have to leave the US - (in fact, don't!) and you should not have any problems with immigration since you met the conditions of your visa and have legal grounds to adjust your status from non-immigrant fiance to immigrant spouse. You would not, however, be allowed to work as you would not have employment authorization. You would not be able to get a Driver's License or State Identification as they require a dated immigration document to obtain, and you would not be able to leave the US and return without having to re-start the immigration process all over again.

You should make sure you apply for and receive your Social Security Number now, before the wedding, even if it means getting it in your maiden name and then changing it later to your married name, because you will most likely have a need for a Social Security Number. If you apply with less than 2 weeks of validity left on your I-94 they won't give it to you, and you would have to wait until you have proof of your legal status in the US - an employment authorization document or your green card - so get it now while you are eligible to apply, and worry about changing your name on it later when everything else is in order.

If you are not able to apply for AOS within the year of your marriage, you can still apply, but your husband will need to submit an I-130 petition at the same time, as the K-1 eligibility expires after 1 year.

So, don't worry if you are not able to afford the AOS before your I-94 expires. Make sure you do get married within the 90 days, and then as soon as you are can apply, either through your husband's new employment or by using a co-sponsor who is able to meet the income requirements, then apply. If your fiance has not looked at using a co-sponsor for the Affidavit of Support, that is something you should both consider now. It may make things easier for you until you are financially on your feet again.

Good luck to you both on the wedding and on the job search, and try not to worry too much.

Hi Kathryn.... Thank you so much for the reply. For my SSN, I will apply that right after our wedding since my I-94 expiration is on September so I think I can still wait till I have my marriage certificate? You think it's ok?

[Kathryn41 3,205]

Hi Katy,

There are 2 dates associated with the K-1 Visa. The September date on the Visa is for 6 months after the visa was issued. That only means that you had to use the visa to enter the US before that date. You would not be allowed to use the visa to enter the US after that September date. Once you used the visa to enter the US that date is no longer important.

When you entered the US you were given a new document called an I-94. The K-1 visa in your passport should also have a date on it. Both the date on the I-94 and written on the K-1 visa in your passport should be the same date. If you entered the US on April 9, that date should be 90 days later - on or around July 4th. This is the important date - not the September date. The September date is not the right date.

You need to be married before July 4th - within 90 days of entering the US - and you need to have applied for your SSN no later than 2 weeks before that - by June 21, a Saturday. Their offices are closed on weekends so they will not accept your SSN application after Friday, June 20 . If they do not have enough time to process the application before July 4th, they will deny your request for a SSN. Everything moves slower in Government offices around holidays - and July 4th is a holiday.

You will need to have your marriage certificate to apply for your SSN in your married name - but it needs to be filed officially before you will get a copy of it. That may take a few days as well unless the person who marries you is willing to have you personally deliver it to the Registrar's office on the same day as your wedding so they can try and process it and get it back to you by the 20th - before SSA offices close around 3 pm. I don't know how long it takes for the office to complete the paperwork involved and get the official copy to you, but I know for our certificate - which was filed right away - it was about 2 weeks before we got it back. It is extremely unlikely you would have the proof you need in time to apply by June 20 and if you apply later than that your application will be denied because you will no longer be eligible.

I really would encourage you to apply for your SSN now and not try to wait until after your wedding on June 18th. There is just too big of a chance that you will not have what you need when you apply and that they won't be able to process it before your I-94 expires on or around July 4th. Also, if there is any sort of a delay or a mistake or misunderstanding you leave yourself no room to correct it.

It is much better to have your SSN as soon as you can using the identification you have now rather than have to wait until after you have filed for your AOS and received either your green card or your employment card. If you don't get it while you are qualified by the K-1 Visa, you won't be eligible to get it until after you receive one of those two documents.

Edited May 26, 2014 by Kathryn41