Currently AOS and Need SSN and Employment Authorization

[PeterPan2021 2]

Good morning all,

 

Hope you are all well! I have a few questions that I cannot find concrete info. for.

 

1) My fiancée and I got married within the 90 day period.  However, we did not apply for a social security number due to covid and since then, her i-94 has expired.  What are our options now in order to get her a social security number which we need for various reasons (I assume it will be one that says "not valid for employment" which is fine.) Is there a way to get her a new i-94 or an extension at our USCIS office?

 

2) We have filed her AOS for the Greencard, but she would like to work in the meantime. Would it make sense to file the i-765 for employment?  I did some research and some places mention that by the time she gets her work authorization permit, her Greencard will be approved.  Is this true?

 

3) In some forms, it asks what her current immigration status is.  She initially entered on a K1, but since we are now married, what would her status be?  Do I still put K1 or do I put AOS - adjustment of status?

 

Thanks in advance.  Cheers!
 

[Crazy Cat 41,846]

1.  There is no way to get a new I-94 or extension.  

2.  She should file an I-765 for an Employment Authorization Document (EAD), and mark the box to apply for a Social Security Number/Card. If she has already filed the I-485, then include a copy of the receipt in the I-765 package.  Otherwise, there will be a fee. 

3.  Her K-1 expired as soon as she entered the US.  She is in a period of authorized stay once she submits a proper I-485 for adjustment of status.

 

 

[payxibka 10,045]

21 minutes ago, PeterPan2021 said:

Good morning all,

 

Hope you are all well! I have a few questions that I cannot find concrete info. for.

 

1) My fiancée and I got married within the 90 day period.  However, we did not apply for a social security number due to covid and since then, her i-94 has expired.  What are our options now in order to get her a social security number which we need for various reasons (I assume it will be one that says "not valid for employment" which is fine.) Is there a way to get her a new i-94 or an extension at our USCIS office?

 

2) We have filed her AOS for the Greencard, but she would like to work in the meantime. Would it make sense to file the i-765 for employment?  I did some research and some places mention that by the time she gets her work authorization permit, her Greencard will be approved.  Is this true?

 

3) In some forms, it asks what her current immigration status is.  She initially entered on a K1, but since we are now married, what would her status be?  Do I still put K1 or do I put AOS - adjustment of status?

 

Thanks in advance.  Cheers!
 

1.  Nothing can be done to get SSN until you get EAD or GC

2.  Can't work before approved EAD or GC

3.  K1

1 minute ago, Lucky Cat said:

1.  There is no way to get a new I-94 or extension.  

2.  She should file an I-765 for an Employment Authorization Document (EAD), and mark the box to apply for a Social Security Number/Card. If she has already filed the I-485, then include a copy of the receipt in the I-765 package.  Otherwise, there will be a fee. 

3.  Her K-1 expired as soon as she entered the US.  She is in a period of authorized stay once she submits a proper I-485 for adjustment of status.

 

 

She was granted k1 entry status upon entry for 90 days

[arken 4,197]

1 hour ago, payxibka said:

1.  Nothing can be done to get SSN until you get EAD or GC

2.  Can't work before approved EAD or GC

3.  K1

She was granted k1 entry status upon entry for 90 days

For 3, it will be "pending AOS". AOS is already filed and i94 expired.

[payxibka 10,045]

12 minutes ago, arken said:

For 3, it will be "pending AOS". AOS is already filed and i94 expired.

Pending AOS is not a status

Edited June 21, 2021 by payxibka

[Mike E 11,739]

2 hours ago, PeterPan2021 said:

 

3) In some forms, it asks what her current immigration status is.  She initially entered on a K1, but since we are now married, what would her status be?  Do I still put K1 or do I put AOS - adjustment of status?
 

As you can see from the different responses there is broad disagreement on VJ on this point.  
 

Technically I can see why some argue that K-1 entrants whose I-94 has expired have no status. Indeed https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/ makes that same argument and it comes from an actual immigration law firm. So that argument has considerable weight.  
 

You however are being asked what to succinctly put down a form versus a 20 page explanation that specifically asks what her immigration status is.
 

Answering “K-1” isn’t correct since that visa was a single use visa canceled upon entry, and the I-94 authorized stay it produced has expired. 
 

Answering “no status” isn’t going to get good results.  
 

Succinctly: “status pending on application to adjust status / presence authorized” should work better, even if one can quibble with the wording.  

[arken 4,197]

33 minutes ago, payxibka said:

Pending AOS is not a status

Was simply suggesting a shorter form rather than putting the entire sentence "No status but AOS is pending". 
 

2 hours ago, payxibka said:

3. K1

K1 was her status but now NOT her current immigration status.

Edited June 21, 2021 by arken

[KayDeeCee 4,893]

I agree. 'Pending AOS' is shorter and easier than, "A period of stay authorized by the Attorney General due to a pending I-485." Hmm, 'Pending I-485' works too.

Edited June 21, 2021 by KayDeeCee

[carmel34 3,626]

It's pretty clear on the I-765 instructions.  For question 25, status, you put: "Form I-485 is pending"

 

For question 27, category, you write: (c) (9)

 

"Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to
Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or
other evidence that your Form I-485 is pending." 

(copied from USCIS I-765 instructions)

[PeterPan2021 2]

Thank you to all 7 of you!  It seems like the more I read into it, I overthink it and start to panic a bit.  However, you have all calmed my nerves, and for that, I thank you!

[PeterPan2021 2]

56 minutes ago, carmel34 said:

It's pretty clear on the I-765 instructions.  For question 25, status, you put: "Form I-485 is pending"

 

For question 27, category, you write: (c) (9)

 

"Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to
Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or
other evidence that your Form I-485 is pending." 

(copied from USCIS I-765 instructions)

Thanks for the tip of including the receipt.  I was wondering about that too, and thought I missed the opportunity.  Good looking out!

[Letspaintcookies 2,310]

2) yes it takes longer to get a work permit these days ( 6-8 months ) but depending on your local field office it can take about 2 years to get the greencard. So applying for the work permit especially since it's free is ways worth it.

[Demise 1,283]

14 hours ago, PeterPan2021 said:

Good morning all,

 

Hope you are all well! I have a few questions that I cannot find concrete info. for.

 

1) My fiancée and I got married within the 90 day period.  However, we did not apply for a social security number due to covid and since then, her i-94 has expired.  What are our options now in order to get her a social security number which we need for various reasons (I assume it will be one that says "not valid for employment" which is fine.) Is there a way to get her a new i-94 or an extension at our USCIS office?

 

2) We have filed her AOS for the Greencard, but she would like to work in the meantime. Would it make sense to file the i-765 for employment?  I did some research and some places mention that by the time she gets her work authorization permit, her Greencard will be approved.  Is this true?

 

3) In some forms, it asks what her current immigration status is.  She initially entered on a K1, but since we are now married, what would her status be?  Do I still put K1 or do I put AOS - adjustment of status?

 

Thanks in advance.  Cheers!
 

1. You can't extend a K-1, either you marry within 90 days and file I-485 for AOS via the K-1, marry after 90 days and file I-130/I-485, or you leave. Finally there's VAWA but I'm not going there.

2. Yes it would. EAD takes way less time (6-8 months) than AOS (18-24 months) since the standard to get an EAD is much lower than that for AOS. Also the I-765 is free while I-485 is pending, so even if somehow she were to get a green card before the EAD, the only thing you stand to lose is the postage.

3. Technically she doesn't have one right now. Put down something like "K-1 expired / pending I-485".