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K1 VISA And Adjustment Of Status

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  • K1 VISA And Adjustment Of Status

    1. I'm in the US on a K1 VISA and my husband and I married within the 90 day time frame. Do I have to file the I-485 within the 90 day time frame, before my I-94 expires in early October?
    2. Under a K1 VISA, am I allowed to file I-765, I-131, I-864 and I-693 at the same time as my I-485?
    3. I've read some situations where K1 VISA people who still have an active I-94, have also applied for a SSN. Is that possible and/or a good idea?
    4. How have some K1 VISA people gone about getting a state drivers license with a SSN?

    Any help, tips and advice is highly appreciated, thank you!

  • #2
    Hi,
    Please see my response below.
    I'm in the US on a K1 VISA and my husband and I married within the 90 day time frame. Do I have to file the I-485 within the 90 day time frame, before my I-94 expires in early October?
    Answer: Yes. You must file Adjustment of status petition before the I-94 expires.
    Under a K1 VISA, am I allowed to file I-765, I-131, I-864 and I-693 at the same time as my I-485?
    Answer: Yes. You can file these petition together along with Adjustment of status petition.
    I've read some situations where K1 VISA people who still have an active I-94, have also applied for a SSN. Is that possible and/or a good idea?
    Answer: You may apply for SSN when you reach the USA. But, It will not help you to work. You can apply for SSN when you file I-765.
    Thanks

    Comment


    • #3
      Originally posted by Scott10 View Post
      [*]I'm in the US on a K1 VISA and my husband and I married within the 90 day time frame. Do I have to file the I-485 within the 90 day time frame, before my I-94 expires in early October?
      It depends on what you mean by "have to". If you stay past the date on your I-94, you are out of status, and are technically deportable if you don't have a pending I-485. You remain eligible to file I-485 after you are out of status, since you are in the Immediate Relative category. As long as you are still in the US, there is no time limit beyond which you become ineligible to file I-485. So technically even if you have waited years beyond the end of your I-94 without filing I-485, you can still file I-485. But why wait and risk deportation? Just file ASAP when you are ready.

      Originally posted by Scott10 View Post
      [*]Under a K1 VISA, am I allowed to file I-765, I-131, I-864 and I-693 at the same time as my I-485?
      yes

      Originally posted by Scott10 View Post
      [*]I've read some situations where K1 VISA people who still have an active I-94, have also applied for a SSN. Is that possible and/or a good idea?
      Yes, it's a good idea. Having an SSN by tax time will make filing taxes easier (applying for an ITIN is a real pain), and will make you eligible for the 2021 stimulus money.

      Originally posted by Scott10 View Post
      [*]How have some K1 VISA people gone about getting a state drivers license with a SSN?
      Driver's license requirements vary by state. So we would need to know your state to give an answer. Getting a driver's license based on K1 status is not very useful since it expires so soon (many states might not even give a driver's license based on a status that expires so soon). All states give driver's license based on an EAD, but it might take like 6 months to get an EAD. Very few states give driver's licenses based on "pending I-485" without an EAD. There are some states (15 or so) that give some version of driver's license without legal presence documents; if you are in one of those states you can get one of those driver's licenses until you get your EAD.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        1 . yes, otherwise you accrue unauthorized presence.

        2. yes. You should do that.

        3. we followed this timeline after the point of entry:

        day 2: download online I-94 and apply for SSN ast SSA office. Idk you do this after you marry or after day 30 you likely won’t get an SS card.

        day 16: get SS card in mail

        day 21: get married and have marriage certificate in hand

        day 30: bring marriage certificate, SS card, spouse, proof of residency for spouse to DMV to apply for REAL ID. If you do this after day 30, REAL ID will be denied.

        Comment


        • #5
          I am currently working abroad and i send my petition form 129-f to USCIS Vermont, st.Albans did I send it to the right address or it should be in USCIS Dallas, texas? I'm confused pls, help me.

          Comment


          • #6
            Originally posted by markwood View Post
            I am currently working abroad and i send my petition form 129-f to USCIS Vermont, st.Albans did I send it to the right address or it should be in USCIS Dallas, texas? I'm confused pls, help me.
            You sent it to the wrong place.

            Use this form to petition to bring your fiancé(e) (K-1) and their children (K-2) to the U.S. so you may marry your fiancé(e), or to bring your spouse (K-3) and their children (K-4) to the U.S. to apply for lawful permanent resident status.


            right there under where to file:

            File Form I-129F at the USCIS Dallas Lockbox facility.

            U.S. Postal Service (USPS):
            USCIS
            Attn: I-129F
            P.O. Box 660151
            Dallas, TX 75266-0151

            FedEx, UPS, and DHL deliveries:
            USCIS
            Attn: I-129F (Box 660151)
            2501 South State Highway 121 Business
            Suite 400
            Lewisville, TX 75067-8003

            Comment

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