AOS forms, SSN, work authorization

[Buraian 0]

A few questions about applying for the AOS (I-485). She came here on a K-1 visa and we just got married on December 28th. Her I-94 expires on January 7th. Her visa expires on February 22nd.

1. If we send off the AOS package on the 7th, is it counted as late or will there be any potential problems? How about if we send it off after the 7th?

2. Does an approved AOS (temporary green card) give her automatic work authorization or must she apply for work authorization after getting the approved AOS?

3. We are planning to go to the Social Security office on the 7th to apply for a Social Security number/card for her and change her last name to mine. So, is it OK for her to fill out the AOS forms with my last name?

4. From what I've read, it seems that she will have to have another medical exam (US biometrics?) here in the US and that will cost $80 which we have to include in the AOS application even though she had one in Japan just a few months ago for the K-1. Is this correct?

5. Are I-765 and I-131 applications just optional? She does not plan to travel outside of the US and we do not want to pay for the employment authorization on top of the $930 for AOS and $80 for US biometrics.

Thanks for your help in advance.

[reeses16 8]

1. If we send off the AOS package on the 7th, is it counted as late or will there be any potential problems? How about if we send it off after the 7th?

No, its okay if you turn it in after the 7th (No penalties). However, the earlier the better.

2. Does an approved AOS (temporary green card) give her automatic work authorization or must she apply for work authorization after getting the approved AOS?

Sort of.... having an conditional green card (temporary green card) does give automatic work authorization, but the problem is it can be several months or even years before you receive the green card. But an EAD is supposed be processed within 90 days (Well in 90 days you can have an official inquiry, etc. you can't do this with a green card). Its best to file an EAD (and AP) at the same time (in the same package) when you apply for AOS. Since the fee changes it costs $1010 for AOS and $1010 for AOS, EAD, AP. Also, even if the green cards takes years, you can't leave and reenter the US without a green card or AP. So....just apply for it all at one time.

3. We are planning to go to the Social Security office on the 7th to apply for a Social Security number/card for her and change her last name to mine. So, is it OK for her to fill out the AOS forms with my last name?

Not sure. But I think its okay. Her name change would be official with your marriage. And I'm when immigration checks they will see her maiden name and married name. From reading other posts, her paperwork should be in your last name (if she's changing it) otherwise her green card will have the wrong name.

4. From what I've read, it seems that she will have to have another medical exam (US biometrics?) here in the US and that will cost $80 which we have to include in the AOS application even though she had one in Japan just a few months ago for the K-1. Is this correct?

Nope biometircs is not a medical exam...its a fingerprint and photo, and its included in the total cost of AOS. Medically, you should fill out the medical vaccination supplement. And thats all, no additional physical needed if her physical was done within the last 12 months.

5. Are I-765 and I-131 applications just optional? She does not plan to travel outside of the US and we do not want to pay for the employment authorization on top of the $930 for AOS and $80 for US biometrics.

You can think of the 1-765 & I-131 as freebies. The cost for a green card (AOS) is $1010 with or without them so you might as well file. Plus, if the green card takes to long and she wants to work or travel you'll have to pay additional $ to file and it will take about 3 months.

[dolphin1 5]

dont go to the SS office if ur wife I-90 expired ,they dont accept to give the SSN before 14 days of the I-90 expire.they will tell u to come back when ur wife gets her EAD 9 work authorization0 as with the work authorization u will be able to get the SSN , that happend to me,i went there before my I-90 expired about 10 days, they told me the same.

oh i am sorry i did a mistake about I-90 , it's I-94 ,sorry

[JVKn'CVO 11]

1. If we send off the AOS package on the 7th, is it counted as late or will there be any potential problems? How about if we send it off after the 7th?

No, its okay if you turn it in after the 7th (No penalties). However, the earlier the better.

2. Does an approved AOS (temporary green card) give her automatic work authorization or must she apply for work authorization after getting the approved AOS?

Sort of.... having an conditional green card (temporary green card) does give automatic work authorization, but the problem is it can be several months or even years before you receive the green card. But an EAD is supposed be processed within 90 days (Well in 90 days you can have an official inquiry, etc. you can't do this with a green card). Its best to file an EAD (and AP) at the same time (in the same package) when you apply for AOS. Since the fee changes it costs $1010 for AOS and $1010 for AOS, EAD, AP. Also, even if the green cards takes years, you can't leave and reenter the US without a green card or AP. So....just apply for it all at one time.

3. We are planning to go to the Social Security office on the 7th to apply for a Social Security number/card for her and change her last name to mine. So, is it OK for her to fill out the AOS forms with my last name?

Not sure. But I think its okay. Her name change would be official with your marriage. And I'm when immigration checks they will see her maiden name and married name. From reading other posts, her paperwork should be in your last name (if she's changing it) otherwise her green card will have the wrong name.

4. From what I've read, it seems that she will have to have another medical exam (US biometrics?) here in the US and that will cost $80 which we have to include in the AOS application even though she had one in Japan just a few months ago for the K-1. Is this correct?

Nope biometircs is not a medical exam...its a fingerprint and photo, and its included in the total cost of AOS. Medically, you should fill out the medical vaccination supplement. And thats all, no additional physical needed if her physical was done within the last 12 months.

5. Are I-765 and I-131 applications just optional? She does not plan to travel outside of the US and we do not want to pay for the employment authorization on top of the $930 for AOS and $80 for US biometrics.

You can think of the 1-765 & I-131 as freebies. The cost for a green card (AOS) is $1010 with or without them so you might as well file. Plus, if the green card takes to long and she wants to work or travel you'll have to pay additional $ to file and it will take about 3 months.

I agree with this post

I would just like to add

1) op, without a green card (or EAD/AP), what your wife can do in the US is very limited (she can't drive, can't work, can't travel to her home in case of an emergency...). try to apply as soon as possible.

2) Absolutely, green card is authorization to work and travel.

3) Yes, she can file the AOS papers using her married name, even though she doesn't have an SSN card with that name yet.

4) The vaccination supplement is completed by a USCIS physician. Call around to search for the better rate, the cost should be lower than that of the complete medical.

5) yes, the cost of the EAD and AP is included with the $1010 AOS fee, IF filed together with the I-485 form.

Saludos,

Caro