Expired i-94 not applied AOS yet, SSN denied, expired Passport what to do

[brucejen 1]

Hi,

I know somebody who got here in US through K1 visa, got married within 90 days. Her I-94 expired 2 months ago and have never filed AOS. She applied for SSN but got denied on grounds that her visa was expired and she has no legal status to be given SSN. Her Passport will expire in 2 months too. with her 12 weeks on the way, can't get insurance and bills starting to file up. I don't know if they have idea how important it is to apply for AOS before her I-94 expires, but they let their K1 petition approval expired too in the first place. What are the best option they got? Her days of being out of status is counting, if she reach the 180 days mark, will this be a ground for removal fi they still won't apply for GC? I'd like to hear your thoughts so I can share.

[hardrockangel 21]

The best that she can do is to file AOS,for her to be able to have legal status here,and yes they are always looking for i-94 like ssn,state id etc..If she don't file AOS then of course she will going to face difficulties obtaining document here.

Edited March 5, 2015 by hardrockangel

[Lainie B 465]

There is no requirement to file for AOS before the I-94 expires, it will make no diffference whether she files before or after the expiry on the I-94. However she needs to file is ASAP in order to make her life easier, get a SSN and be able to work.

[LykaMarc 19]

Also, when she files her AOS, she can also file for the EAD (work authorization). That will come shortly after filing, and then she should be able to get her social security card based on that, while her AOS is pending.

[mama&papa 2]

It took us more than 2 years to file AOS. There was no problem though. But for her because she is preggy need to file it asap. She will need docs giving birth. Hospital will get SSN, etc... i think

[brucejen 1]

Hi,

I know somebody who got here in US through K1 visa, got married within 90 days. Her I-94 expired 2 months ago and have never filed AOS. She applied for SSN but got denied on grounds that her visa was expired and she has no legal status to be given SSN. Her Passport will expire in 2 months too. with her 12 weeks on the way, can't get insurance and bills starting to file up. I don't know if they have idea how important it is to apply for AOS before her I-94 expires, but they let their K1 petition approval expired too in the first place. What are the best option they got? Her days of being out of status is counting, if she reach the 180 days mark, will this be a ground for removal fi they still won't apply for GC? I'd like to hear your thoughts so I can share.

Another update, the husband is complaining how the wife have changed attitude and has been abussive. She bosses him around and will never do anything at home when he is around, using the pregnancy-cant-move excuse when her belly haven't shown yet. But when husband leaves for work, she cooks herself a meal. She would not do anything with the husband and be sweet nor consumate their marriage for a long time now. The husband feels like he is being disrespected and just being used to get a green card, and that the pregnancy is a total accident, that both of them weren't ready for. They are not getting along now, and I don't think he plans to help her apply for GC.

[LykaMarc 19]

She needs to see a lawyer in her area that specializes both in family law and immigration law. Once the child is born, the husband will be liable for child support, unless he gets custody of the child. If she wants to avoid the possibility of the husband getting custody of the child, she can simply return to the Philippines before the child is born. On the other hand, she won't be able to re-enter the US if she departs, unless she re-establishes a new status. In any case, she needs to speak to an attorney before she makes any decisions to determine her options. Depending on her area, she may be able to get a court order reqiring the husband to pay her attorney's fees.

[brucejen 1]

She needs to see a lawyer in her area that specializes both in family law and immigration law. Once the child is born, the husband will be liable for child support, unless he gets custody of the child. If she wants to avoid the possibility of the husband getting custody of the child, she can simply return to the Philippines before the child is born. On the other hand, she won't be able to re-enter the US if she departs, unless she re-establishes a new status. In any case, she needs to speak to an attorney before she makes any decisions to determine her options. Depending on her area, she may be able to get a court order reqiring the husband to pay her attorney's fees.

what if it is really her fault? She is abusing the generosity of the USC and threats him that she will get miscarriage if he don't do what she wants to do?

[Merrytooth 5,748]

what if it is really her fault? She is abusing the generosity of the USC and threats him that she will get miscarriage if he don't do what she wants to do?

Then you should advise the USC to walk away, to protect himself from false DV / VAWA claims.

[Boiler 45,517]

Time for her to go home.

[Pitaya 2,577]

~

Edited March 9, 2015 by A&B

[VOL 425]

It took us more than 2 years to file AOS. There was no problem though. But for her because she is preggy need to file it asap. She will need docs giving birth. Hospital will get SSN, etc... i think

No she can go to a hospital and have the kid and give no information. Hospital can be stuck with the bill

We have public hospitals in the Dallas Fort Worth area where the illegal aliens have learned to take full advantage.

[VOL 425]

Another update, the husband is complaining how the wife have changed attitude and has been abussive. She bosses him around and will never do anything at home when he is around, using the pregnancy-cant-move excuse when her belly haven't shown yet. But when husband leaves for work, she cooks herself a meal. She would not do anything with the husband and be sweet nor consumate their marriage for a long time now. The husband feels like he is being disrespected and just being used to get a green card, and that the pregnancy is a total accident, that both of them weren't ready for. They are not getting along now, and I don't think he plans to help her apply for GC.

He needs to ship her back home.

He can either support the kid or not support the kid, From what I have seen only about 2 out of 10 kids born to girls in Philippines ever get support, most guys just disappear........