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Filed: AOS (apr) Country: Mexico
Timeline

Basically, when I arrive to US on my K1 visa I can "technicaly" work until this visa expires. And at same time as soon as I get married I apply for AOS and Work Permit.

How long is the average wait time to get the work permit approved?

Does it get approved at same time as AOS or separetly?

If it is at same time, then from the procesing times on the uscis.gov site it could take up to 6 months for my AOS to be approved.

So then I´d be of work for 3 months. Right?

Also... I can apply for my SSN ten days after entering the country and before getting married. Right?

But I am changing my name to his and so then I would have to change my SSN after married?

Or should I wait to do this after being married? If so, how does this work? I go to apply for it with what documents so that I get it with his last name?

We are just trying to time this out as best as possible because I really need to work as soon as I get there.

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Filed: K-1 Visa Country: Canada
Timeline
Basically, when I arrive to US on my K1 visa I can "technicaly" work until this visa expires. And at same time as soon as I get married I apply for AOS and Work Permit.

How long is the average wait time to get the work permit approved?

Does it get approved at same time as AOS or separetly?

If it is at same time, then from the procesing times on the uscis.gov site it could take up to 6 months for my AOS to be approved.

So then I´d be of work for 3 months. Right?

Also... I can apply for my SSN ten days after entering the country and before getting married. Right?

But I am changing my name to his and so then I would have to change my SSN after married?

Or should I wait to do this after being married? If so, how does this work? I go to apply for it with what documents so that I get it with his last name?

We are just trying to time this out as best as possible because I really need to work as soon as I get there.

Here are a few answers...

1. You can't work when you arrive unless you receive a temporary work stamp, which currently seem to only be available if you fly through JFK, and only on a random basis. If you do get one, it expires when your I-94 expires, so 90 days.

2. From the time you file AOS til you get your EAD seems to be averaging between 2-3 months right now.

3. Your EAD is usually approved before you AOS is approved.

4. Yes you can apply for your SSN when you arrive, before marriage. If you are taking your husbands last name, then yes, you will need to go back and change your name on it after your wedding.

If you get a temporary EAD stamp you will need to apply for SSN right away if you want to work. You cannot work without an SSN.

If you wait til after the wedding, your marriage license should work for changing your name (at least in my case it did). I just took my marriage license and passport with me.

Hope that helps,

~Ashley

Edited by MarkNAshley

AOS

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) : 2008-03-13

Bio. Appt. : 2008-03-18

AOS Transfer** :

Interview Date : 2008-07-23

Approval / Denial Date : 2008-07-23

Approved : 2008-07-23

Got I551 Stamp :

Greencard Received:

EAD

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Bio. Appt. : 2008-03-18

Approved Date : 2008-04-24

Date Card Received : 2008-05-03

Comments : Packet Arrived in Chicago - Feb 20, 2008

Check cashed Feb 28, 2008

AP

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Date Approved: 2008-04-24

Date Received : 2008-05-01

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Filed: Timeline
If you get a temporary EAD stamp you will need to apply for SSN right away if you want to work. You cannot work without an SSN.

Although it might be hard to find someone that will hire you without an SSN, you can work without an SSN as long as you have authorization to work.

Delays in Issuing SSNs to Aliens by the Social Security Administration:

http://www.irs.gov/businesses/small/intern...=129227,00.html

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

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