Beware bad information on AOS deadline for K1 (fresh out of jail)

[Lil bear 4,260]

9 minutes ago, Jorgedig said:

Like the recent poster who was almost boasting about waiting five years to file for AOS, and how it didn't put his wife at risk at all.....smh.....

Yep.  Just didn’t want to hear anything did he ! 

[Mike E 11,741]

3 hours ago, Paul & Mary said:

 

There is no deadline to file .   But you are out of legal status until filed.  Yes people have taken months and even years to file AOS.  Again being here without legal status.

Yeah and there is no deadline to put more money in the parking meter either. Unless it is expired while the meter maid shows and before you add quarters.  

 

There is a deadline to file.  

[fip & jim 452]

Waiting for @Hypnos to be the voice of reason

[Hypnos 6,577]

Heh, I skimmed this thread earlier.

 

I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.

 

Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.

 

I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.

[Tanya007 21]

30 minutes ago, Hypnos said:

Heh, I skimmed this thread earlier.

 

I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.

 

Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.

 

I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.

Hi, please can you clarify on the SSN? The information that I have read said that you cannot get a SSN if you do not have EAD. As I understand, you get married first and then file for AOS, EAD, SSN as well as advance parole. Please help me if this is incorrect. 

[Eva_AJ 80]

1 minute ago, Tanya007 said:

Hi, please can you clarify on the SSN? The information that I have read said that you cannot get a SSN if you do not have EAD. As I understand, you get married first and then file for AOS, EAD, SSN as well as advance parole. Please help me if this is incorrect. 

My understanding is that you can get your SSN before your 90 days are up. Best to do it 2 weeks after your arrival, and at least 2 weeks before your 90 days are up. There is a guide on this on VJ. But please anyone correct me if I am wrong. At least I am planning to do it that way, not sure if correct

[Hypnos 6,577]

A K-1 can obtain an SSN immediately upon entry. They do not need an EAD until fewer than 14 days of validity remain on their I-94, at which point the SSA will require either an EAD or a green card before they will issue a number to a K-1.

 

It's worth noting that a K-2 is not similarly immediately eligible for a SSN, and they always require either an EAD or a green card to be issued a SSN. 

[Tanya007 21]

Thank you for the responses... I must say, there is a lot of conflicting information going around. This is new to me. I appreciate your feedback. I will most definitely apply for SSN immediately. 

[Shiran 1,134]

20 minutes ago, Tanya007 said:

Hi, please can you clarify on the SSN? The information that I have read said that you cannot get a SSN if you do not have EAD. As I understand, you get married first and then file for AOS, EAD, SSN as well as advance parole. Please help me if this is incorrect. 

That is not true. My wife has SSN and no EAD or GC yet. It took us 5 weeks, we applied 2nd business day after PoE (before marriage) it didn't come in the mail until about 5 week later. Immediately after we used it to get State ID. This is in CA.

[carmel34 3,646]

6 hours ago, SpaceAge said:

but the rapidvisa website and USCIS implied otherwise

Just one more Rapid Visa nightmare.  It amazes me how many people pay this company a lot of  money thinking it will be faster because of the name and then get bad advice from them that can be literally disastrous.  So sorry you had to go through this and learn the hard way.

[Crazy Cat 41,985]

8 hours ago, SLV123 said:

NOA1 for AOS taking 10 days on average. So my daughter’s fiancé should carry what during that 10 day period? Is the SSN sufficient,  or should I tell him not to leave the house?  Being facetious but this is ridiculous!

 

Additionally I have read the I-485 instructions  and nowhere does it say inthe section clearly labeled “WHEN TO FILE” that it must be filed within 90 days,; the only clear direction is for the K-1 to marry within that time frame. The zeal to arrest is astonishing.

The I-94 states when a person is no longer in legal status.....fulfillment of the K-1 obligation to marry within 90 days and maintaining legal status are 2 separate entities.

 

ANYONE who has stayed beyond their I-94 expiration date is subject to deportation......those who have filed an I-485 are given authorized stay.......

Edited May 10, 2019 by missileman

[SLV123 40]

2 minutes ago, missileman said:

The I-94 states when a person is no longer in legal status.....fulfillment of the K-1 obligation to marry within 90 days and maintaining legal status are 2 separate entities.

My question was in anticipation of my daughter’s fiancé’s arrival. 

 

To get the NOA1 on time and to be safe, forms should be mailed before the 80 day mark, so you have the NOA1 hopefully by the 91st day..

 

To best protect oneself, if stopped by a law enforcement officer, it seems like the reason the NOA1 from the AOS filing should be sufficient to prevent arrest, while waiting for approval on I-485 and after I-94 expiration, is that case status can be checked on the website.

 

Is that what they do?

 

Lots of options mentioned in this thread: (SSN, the ClearID), or is just the NOA1 sufficient along with passport, to prevent this terrible scenario, during the months of waiting for approval?

 

[Mike E 11,741]

1 hour ago, SLV123 said:

My question was in anticipation of my daughter’s fiancé’s arrival. 

 

To get the NOA1 on time and to be safe, forms should be mailed before the 80 day mark, so you have the NOA1 hopefully by the 91st day..

 

To best protect oneself, if stopped by a law enforcement officer, it seems like the reason the NOA1 from the AOS filing should be sufficient to prevent arrest, while waiting for approval on I-485 and after I-94 expiration, is that case status can be checked on the website.

 

Is that what they do?

 

Lots of options mentioned in this thread: (SSN, the ClearID), or is just the NOA1 sufficient along with passport, to prevent this terrible scenario, during the months of waiting for approval?

 

You probably mean REAL ID, not Clear ID.  I doubt a ClearMe ID card is of much use.  

 

Carrying a SS card all the time is a bad idea.  

 

REAL ID is good for deflecting the curiosity of a law enforcement officer.  We used her REAL ID when we flew domestically when her I-94 expired.  

 

It would be a good idea to keep a paper copy of the NOA1 too.  This proves one is in status.  

[Crazy Cat 41,985]

5 minutes ago, Mike E said:

It would be a good idea to keep a paper copy of the NOA1 too.  This proves one is in status.

Actually, it shows the person has "authorized stay"......not in legal status......

Edited May 10, 2019 by missileman

[Mike E 11,741]

3 minutes ago, missileman said:

Actually, it shows the person has "authorized stay"......not in legal status......

If authorized stay doesn’t indicate in legal status, I don’t know what does.