Is there an adjustment of status application deadline?

[yankeedave 1]

My Philippine Fiance came to the U.S. on March 18th with a K1 visa. We were married on March 27th, and she successfully applied for a SS# on May 11th.

I have a few questions:
1) Because she now has a SS# on the way, I am assuming that she does not need an Employment Authorization Document (EAD) in order to legally work for wages. Is my assumption correct?

2) My understanding is that once she enters the U.S, her K1 visa is no longer the operational document with regard to her legal status in the U.S. Does this mean that her I-94 is now the operational document? If so, what is the significance of this with regard to time limits and responsibilities?

3) We have gotten married, and we have applied for her SS# within the 90 day deadline. Are there now any deadlines that we should be aware of? Specifically, is there a deadline for filing an I-485 (AOS) application?

4) Are there any other deadlines or cautions that we should be aware of at this time?

[Suss&Camm 2,213]

1. No, she is not allowed to work without the EAD.

2. Correct, when the i-94 expires she will be out of status.

3. There is no strict deadline for the AOS other than that she will be out of status and as such is deportable. It is therefore advised to apply for AOS with EAD/AP so that she will be in a temporary authorized stay while waiting for green card and be able to travel and work once getting the EAD/AP, also awaiting the green card.

4. She will be deportable but no deadlines and the unauthorized stay will be forgiven once AOS is applied for.

Edited May 15, 2017 by Suss&Camm

[A'n'L 735]

1) No, her SSC will even say that she employment is contingent approval from DHS, meaning having an EAD card or GC.

 

2) Correct. Once the 90 days of her i94 is up, she is out of status unless you have filed for AOS by then.

 

3) Not really. You still want to file i485 asap to avoid her being out of status.

 

4) She can't work until she's secured an EAD, and if she leaves the country without advance parole or a GC, she will not be able to re-enter.

[Boiler 46,004]

Most people file as soon as they can

[Scandi 4,180]

Her SSC is type number 2: https://www.ssa.gov/ssnumber/cards.htm

 

The EAD is the DHS authorization. She can't work legally without the EAD or the greencard.

[Transborderwife 4,666]

With current immigration trends I'd file asap 

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Question is related to this process.

[Cyberfx1024 7,980]

16 hours ago, yankeedave said:

My Philippine Fiance came to the U.S. on March 18th with a K1 visa. We were married on March 27th, and she successfully applied for a SS# on May 11th.

I have a few questions:
1) Because she now has a SS# on the way, I am assuming that she does not need an Employment Authorization Document (EAD) in order to legally work for wages. Is my assumption correct?

2) My understanding is that once she enters the U.S, her K1 visa is no longer the operational document with regard to her legal status in the U.S. Does this mean that her I-94 is now the operational document? If so, what is the significance of this with regard to time limits and responsibilities?

3) We have gotten married, and we have applied for her SS# within the 90 day deadline. Are there now any deadlines that we should be aware of? Specifically, is there a deadline for filing an I-485 (AOS) application?

4) Are there any other deadlines or cautions that we should be aware of at this time?

1. When she receives her SS card it will say "Can work with DHS Approval" but she still needs her EAD to officially start looking for work and to get a job. So your assumption is incorrect. 

 

2. Yes, the I-94 is a valid document showing when she officially entered the country. But she should have her passport on her because it will have her visa in the passport. . The actual K1 valid visa is valid for 90 days after her POE. Once after the 90 days she is officially out of  status and thus deportable(highly unlikely).

 

3. You can file for AOS anytime after you receive the marriage certificate. But like I said in the answer above 90 days is the official time period for her valid stay, once she is out of that period she is deportable. Once you file for AOS then all will be forgive and y'all will receive her NOA1 showing she is allowed to stay until she receives her green card. You can also file for EAD and AP at the same time as the AOS no additional cost. 

[geowrian 22,338]

21 minutes ago, cyberfx1024 said:

The actual K1 valid visa is valid for 90 days after her POE.

The K-1 visa is no longer valid the moment it is used at POE. The I-94 stamp in the passport is valid for 90 days.