arriving at POE with K-1

[WS-JW 0]

hi everyone, I just got my visa today! and I now have a few questions about what I should expect when going through immigration when I fly to the U.S.

I will be arriving in Philadelphia, and my main questions are, that I have seen pop up here before are:

should I have a one-way ticket, or both way?

apart from the visa what other documents will I need?

has anyone had any good/bad experiences at PHL?

oh and also, do I go to the U.S. citizen/green card line, or the visitors line?

and i'm guessing i don't complete the visa waiver form?

Also, once in the US am i right in saying I can work straight away with K-1? will PHL give me work documents or do I have to get them seperateley?

and finally, I can't apply for a driving license till I get my green card can I? that being the case, will my UK license be vaild for 90 days like it is when visiting? as I was thinking about getting a car shortly after I arrive.

any advice/experience would be appriciated. thank you!

[YuAndDan 153]

1) We had a one way ticket, K-1 is an immigrant intent visa so the POE will not ask to look at a return ticket, since the intent of the K-1 is to marry, adjust status and become a resident of the USA. Pick the airfare that is the least expensive.

2) You will need the large brown immigrations envelope to give to the POE officer.

3) You will go through the visitor's line because K-Visa is a NON-Immigrant visa.

4) Not Visa Waiver form, you will be filling out the white I-94 form.

5)JFK is the only POE that many report getting EAD stamp at and they are not obligated to provide the stamp and can discontinue at any time.

Keep in mind K-1 is not a work visa it is a marriage visa.

K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not. So if trying to get SSN after marriage using only the K-1 and marriage cert, you may run into some resistance at the SSA office.

FAQ:

5.5)...Is there any way I can make absolutely, positively sure that my fiance(e) will receive work authorization so that they can go to work and help to pay the bills right away?

A..No.

http://www.visajourney.com/faq/k1k2visa-enter.html#5.5

If you want guaranteed work authorization upon entry to the USA you need to marry first and apply for a true immigrant visa (CR-1), that visa generates a temp green-card immediately upon entry to the USA, the green-card allows work.

6) About driving license, driving privilege is given by the individual states so documentation requirements vary. Most states require SSN, photo ID, and evidence of legal presence such as EAD card, or Green-Card.

[WS-JW 0]

I have not got a brown immigation envelope, will that be posted with my visa?

also how would I go about obtaining work auth, or trying to obtain work auth if they don't do it at the POE?

and so do you think my UK license will not be valid for the usual 3 months it has been before as a visitor?

or would I have to call the local authorities there to find out?

edit: i see on that link you gave the details about applying for ssn and work auth. thank you.

but what about this brown envelope?

Edited February 27, 2008 by WS-JW

[YuAndDan 153]

I have not got a brown immigation envelope, will that be posted with my visa?

also how would I go about obtaining work auth, or trying to obtain work auth if they don't do it at the POE?

and so do you think my UK license will not be valid for the usual 3 months it has been before as a visitor?

or would I have to call the local authorities there to find out?

edit: i see on that link you gave the details about applying for ssn and work auth. thank you.

but what about this brown envelope?

The brown envelope will be posted with your passport and visa.

Work auth can be applied for in 2 ways, first and is not recomended for K-1 visa holders, is by filing form I-765 using code A 6 based on fiancee visa, the problem with this EAD is that it is the same as the temp EAD stamp it expires 90 days after entry to the USA, and costs $340 to get, EAD takes up to 90 days to approve, so you get the picture, an expensive and useless EAD card.

The other and recommended way to apply for EAD is to file the I-765 with the I-485 when adjusting status to get green-card. You file I-765 using code C 9 based on the pending I-485, this EAD is a 1 year EAD, it's fee is part of the I-485 so costs nothing more. You can also file for this C 9 EAD after filing I-485, you only need to attach a copy of the I-485 receipt letter to the I-765.

Steps for K-1

1) Apply for SSN, and Marriage license shortly after entry to the USA

2) Marry, a civil ceremony is recommended, you can always later do a religious ceramony.

3) Visit a US Civil Surgeon and get vaccination record transcribed on to a supplement for adjustment of status.

4) File for AOS and EAD together.

[Jasman0717 9]

Claudeth came through LAX on a one-way ticket. They just took the brown package the embassy ahd given her and stapled the I-94 into her passport and away she went. They were very nice.

[WS-JW 0]

another weird question i have is the customs declaration form, since I will only be filling it that blue form, and i am immigrating, obviously everything will be remaining in the US, must I declare everything and put total worth? that seems kind of ridiculous but i don't wanna get in trouble or accused of trying to "lie" my way in

[Mark&Steph 0]

another weird question i have is the customs declaration form, since I will only be filling it that blue form, and i am immigrating, obviously everything will be remaining in the US, must I declare everything and put total worth? that seems kind of ridiculous but i don't wanna get in trouble or accused of trying to "lie" my way in

I believe you declare it as personal property and value it as $0... Unless it was bought within the last year then you should value it at it's worth.

[tom_g 3]

5)JFK is the only POE that many report getting EAD stamp at and they are not obligated to provide the stamp and can discontinue at any time.

Just to confuse matters, there is a member in the AOS forum who recently got an EAD stamp from San Franciso. Apparently they sweet talked the immigration officer, and he dug out a stamp and stamped their I94

But then they've still got to get an SSN, and find an employer who'll listen to a lenghty explanation as to why they don't need an EAD card or a greencard...

ps. Our POE officer was proud that we'd done it The Right Way, and applied for a K1 before getting married. He couldn't have been more pleasant. I didn't think to ask for the EAD stamp though

Edited March 7, 2008 by tom_g