Meaning of "Out of Status"?

[RadTelford 0]

Hi,

 

I was reading the K-1 flowchart on this site and I noticed something at point 21 - Apply for Adjustment of Status (AOS), EAD, AP

 

Quote

Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

 

I was just wondering what "out-of-status" means and what the drawbacks are?

 

Some background on my situation, I have been granted a K1 visa which expires in early July. I am planning to try to fly to the US (from Canada) later this month. So, I will likely arrive in the US with less than two weeks before my K1 expiry date. Is this the date that is being referred to in the quote above or is it a new date, such as the 90s after entry?

 

I was planning to apply for a SSN immediately and that application looks to be fairly straightforward. I'm assuming I will need the SSN before I can apply for Adjustment of Status, is this correct?

 

If anyone has any suggestions for the best way to handle the situation or any points I should have in mind, please let me know. Any help is appreciated.

 

Thanks.

 

[Just Paul 4,595]

It is the time between the I-94 expires and you get the NOA-1 from the I-485.   Just file as soon as you can after getting married.

 

Usually the biggest delay is the time it takes to get a recorded copy of the marriage certificiate and the time to get the items for your I-944 (Which you can start collecting NOW)

[RadTelford 0]

12 minutes ago, Paul & Mary said:

It is the time between the I-94 expires and you get the NOA-1 from the I-485.   Just file as soon as you can after getting married.

 

Usually the biggest delay is the time it takes to get a recorded copy of the marriage certificiate and the time to get the items for your I-944 (Which you can start collecting NOW)

Great, thanks for your answer. That helped.

[geowrian 22,338]

To clarify, you would be out of status from the moment the I-94 expires onward. Filing for AOS does not grant legal status - it grants a period of authorized stay.

Unlawful presence accrues when you are not authorized to stay - meaning no legal status and no period of authorized stay.

 

The words in bold above have distinct and important meanings.

 

34 minutes ago, RadTelford said:

So, I will likely arrive in the US with less than two weeks before my K1 expiry date. Is this the date that is being referred to in the quote above or is it a new date, such as the 90s after entry?

It's 90 days from entry on the visa.

The visa becomes useless at first use as it is single-entry. The 90 days of legal status begins at that point.

 

Quote

I was planning to apply for a SSN immediately and that application looks to be fairly straightforward. I'm assuming I will need the SSN before I can apply for Adjustment of Status, is this correct?

I highly suggest applying shortly after entry (it used to need ~2 weeks to get in the system, but it should be nearly instant now...but I still suggest waiting at least 24 hours).

 

That said..

An SSN is not required for AOS. You only need to provide it if you have one.

An SSN is not needed for medical insurance. If they state otherwise, take it up the chain...the ACA prohibits requiring an SSN (only listing it if you do have one).

An SSN is not required to marry. There is at least 1 state that requires you to apply for one if you are eligible for one (otherwise they need a letter from the SSA showing that you are not eligible for an SSN).

An SSN may or may not be required for a state ID or driver's license...eligible for these items are set by the individual state.

 

You can apply for an SSN within the first 76 days from entry (90 days legal status - 14 days of status remaining required by the SSA = 76 days).

Edited June 6, 2020 by geowrian

[Crazy Cat 42,218]

1 hour ago, RadTelford said:

If anyone has any suggestions for the best way to handle the situation or any points I should have in mind, please let me know.

I would apply for a SSN soon after arrival (before marriage) and I would apply for Adjustment of Status as soon as possible after marriage (before your I-94 expires).  There are no benefits in waiting to file that I-485.  Be sure to file the I-944, I-131, and I-765 also.  As stated above, once you receive the receipt for submission of the I-485, you be granted "authorized stay" until a decision has been made regarding your green card.....good luck.

[Duke & Marie 1,389]

Adding to what others have said...

 

strongly recommend applying early... it just took 7 weeks for them to reciept my AOS application 

[Ontarkie 14,445]

~~Moved to AOS Family K1/K3, from K1 P&P- the OP is asking about after entry on a K1 and the AOS process~~

[Loren Y 2,756]

Everybody is giving great Information here. Definitely get your SS card as soon as you enter. My fiancee and I arrived on a Monday night at LAX (8pm). Drove home to Las Vegas, next morning 9am went to the SS office, so about 14-16 hours after POE, and her entry was in the SAVE system. Had to kinda push the employee to check the system as he didn't think it would be there, but it was, less than 24 hours after POE. Doing this will save you tons of hassle during your first 90 days here. Hopefully the SS offices are open finally when you get here, but they should be by then I would think.

[Raluca&Will 6]

6 hours ago, geowrian said:

To clarify, you would be out of status from the moment the I-94 expires onward. Filing for AOS does not grant legal status - it grants a period of authorized stay.

Unlawful presence accrues when you are not authorized to stay - meaning no legal status and no period of authorized stay.

 

The words in bold above have distinct and important meanings.

 

It's 90 days from entry on the visa.

The visa becomes useless at first use as it is single-entry. The 90 days of legal status begins at that point.

 

I highly suggest applying shortly after entry (it used to need ~2 weeks to get in the system, but it should be nearly instant now...but I still suggest waiting at least 24 hours).

 

That said..

An SSN is not required for AOS. You only need to provide it if you have one.

An SSN is not needed for medical insurance. If they state otherwise, take it up the chain...the ACA prohibits requiring an SSN (only listing it if you do have one).

An SSN is not required to marry. There is at least 1 state that requires you to apply for one if you are eligible for one (otherwise they need a letter from the SSA showing that you are not eligible for an SSN).

An SSN may or may not be required for a state ID or driver's license...eligible for these items are set by the individual state.

 

You can apply for an SSN within the first 76 days from entry (90 days legal status - 14 days of status remaining required by the SSA = 76 days).

For medical insurance I needed the ssn I dont know why but they asked for it.my husband took me on his insurance. Probably that's why 

[geowrian 22,338]

26 minutes ago, Raluca&Will said:

For medical insurance I needed the ssn I dont know why but they asked for it.my husband took me on his insurance. Probably that's why 

Asking for it is different than actually requiring it.  The ACA prohibits an SSN as a requirement.

Most HR employees and many insurance reps don't know how to handle the circumstance, though. Sometimes you have top chase it up the chain to find somebody who knows how to enter it into their system...often it's a required field.

[WorldCitizen1969 7]

All of the above information is good but I'd like to add a comment on your SSN.

 

We waited about a month to get married and then about 2 weeks to apply for her SSN. I thought why not just get the SSN in her new married name (we had a copy of the marriage certificate by this time). The SS person couldnt find her under her married name in the system as the application has to be under the original visa name and name on the I94. Then it turned out (for us anyway) we had to mail in her documents for a manual review. Not a big deal as it added only 4-5 days to the process. So a week long wait that most experience turned out to be closer to two weeks.

 

But here's where the learning opportunity comes in - to reapply for your SSN under your new married name your I94 cant expire. Hers expired in the beginning of March and I think we tried to reapply in mid-March - after her I94 expired. 

 

Now we're waiting for her AOS.

 

You dont 'need' the SSN card to be under your married name for most services (that I can think of) as long as you have your marriage certificate. 

 

That's our experience and I hope someone finds it helpful.

[Crazy Cat 42,218]

22 minutes ago, WorldCitizen1969 said:

All of the above information is good but I'd like to add a comment on your SSN.

 

We waited about a month to get married and then about 2 weeks to apply for her SSN. I thought why not just get the SSN in her new married name (we had a copy of the marriage certificate by this time). The SS person couldnt find her under her married name in the system as the application has to be under the original visa name and name on the I94. Then it turned out (for us anyway) we had to mail in her documents for a manual review. Not a big deal as it added only 4-5 days to the process. So a week long wait that most experience turned out to be closer to two weeks.

 

But here's where the learning opportunity comes in - to reapply for your SSN under your new married name your I94 cant expire. Hers expired in the beginning of March and I think we tried to reapply in mid-March - after her I94 expired. 

 

Now we're waiting for her AOS.

 

You dont 'need' the SSN card to be under your married name for most services (that I can think of) as long as you have your marriage certificate. 

 

That's our experience and I hope someone finds it helpful.

This is exactly why the VJ guide suggests applying for a SSN before marriage for a K-1.  For some people, the process has taken much longer when applying after marriage.

[DaveAndAnastasia 2,096]

11 hours ago, WorldCitizen1969 said:

You dont 'need' the SSN card to be under your married name for most services (that I can think of) as long as you have your marriage certificate. 

True, though one thing you do need it for (or at least under the same name as your EAD or GC) is to get a driver's license or state ID in California.