Expired K-2

[chade1968]

We where married 60 days after her arrival but now her K-2 has expired. I am told I need to file an extension for her I-94 but I have read other things on the net. I hope someone can tell me what I need to do. I really want to apply for her SS # and driver's permit but I can't do this until I get this issue cleared up. Thanks in advance for your time and advice. I live in Cullman, AL 50 miles north of Birmingham, AL and she is from Russia and has her daughter here if any of that makes any difference.

[groovlstk]

Do you mean K1? I believe K2s are for children, no?

If she came her on a K1 and you married you need to adjust her status.

Why didn't you get her a SS card while her I-94 was valid?

[Ronnie]

Chade, I don't know this to be a fact, but I believe you can still go to the Social Security office and get your wife's SSAN.  You'll probably need to take your marriage license with you.

There is no extension of the I-94 per the rules on K1 visas.  However, when you apply for Adjustment of Status on form I-485 you will get her an Employment Authorization Document and with that she can get her learner's permit.  If you don't receive the work authization within 90 days you can make an infopass appointment on USCIS.gov and get a temporary one issued while you wait.  You will also need a social security number for the child if you want to take her as a dependent deduction on your taxes so ask the Social Security office what you need to do to get that.

You kinda screwed up by not doing these things while the I-94 was still valid but that's water under the bridge now.

Let us know how things go.

Ronnie

[Jet]

Ronnie is right, you'll need to file the AoS as soon as possible. The receipt that it's been filed along with the EAD should be all you need for both the SS# and driving permit. You do not need to and cannot (by law) extend her I-94 under a K-1 classification.

[ConnerVT]

Read this : http://www.visajourney.com/faq/k1faq.htm

You are here : http://www.visajourney.com/faq/k1k2visa-aos.html