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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi all,

We've got the K-1 and my fellow is coming over here in the middle of November (finally!)... just trying to get ready for the AOS process. I was looking at the sample forms and they all ask for SSN for the petitioner (if any)... so I wonder, is it best to get the SSN first before filling out the AOS forms? And also, since the K-1 has a six month validity, do you have to start filing for AOS before those six months are over?

Thanks!

Filed: K-1 Visa Country: Canada
Timeline
Posted

You can only file for AOS (and EAD and AP if wanted) after you are married. You must marry within 90 days of entry into the U.S. with a K-1 visa. You have 6 months in order to use the visa, but once you do use it, the 6 months are not important.

You can apply for the SSN after the foreign fiance has been in the U.S. for at least 2 weeks, but it is not necessary in order to apply for AOS. If your fiance does not have a SSN before you apply, just write "none" where they ask for the SSN.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Posted
Hi all,

We've got the K-1 and my fellow is coming over here in the middle of November (finally!)... just trying to get ready for the AOS process. I was looking at the sample forms and they all ask for SSN for the petitioner (if any)... so I wonder, is it best to get the SSN first before filling out the AOS forms? And also, since the K-1 has a six month validity, do you have to start filing for AOS before those six months are over?

Thanks!

The K1 is valid to enter the US for 6 months. BUT once you use it (enter) it is a 90 day visa. You must file AOS before 90 days in the US have passed. You must marry in that time too. So you actually have 6 months (in home country) + 90 days (in the US) if you wanted to stretch it out to the max.

We filed AOS without a SSN because we wanted to get it sent off instead of waiting for the card to arrive. I believe the parts asking for SSN would apply to people who had been here on student visas or work visas in the past and already had a number. Or, of course, some people get them fairly quickly and don't marry or file AOS quite as quickly as we did. It's not a requirement. They just want to know your number if you already have one. We went to Social Security office 11 days after Nick arrived and he was in the system and they ordered the card. For some bureaucratic reason, he could not find out his number until the card arrives, but it doesn't really matter.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

I agree with Raymaga and nick

Hi all,

We've got the K-1 and my fellow is coming over here in the middle of November (finally!)... just trying to get ready for the AOS process. I was looking at the sample forms and they all ask for SSN for the petitioner (if any)... so I wonder, is it best to get the SSN first before filling out the AOS forms? And also, since the K-1 has a six month validity, do you have to start filing for AOS before those six months are over?

Thanks!

The K1 is valid to enter the US for 6 months. BUT once you use it (enter) it is a 90 day visa. You must file AOS before 90 days in the US have passed. You must marry in that time too. So you actually have 6 months (in home country) + 90 days (in the US) if you wanted to stretch it out to the max.

We filed AOS without a SSN because we wanted to get it sent off instead of waiting for the card to arrive. I believe the parts asking for SSN would apply to people who had been here on student visas or work visas in the past and already had a number. Or, of course, some people get them fairly quickly and don't marry or file AOS quite as quickly as we did. It's not a requirement. They just want to know your number if you already have one. We went to Social Security office 11 days after Nick arrived and he was in the system and they ordered the card. For some bureaucratic reason, he could not find out his number until the card arrives, but it doesn't really matter.

Filed: Lift. Cond. (pnd) Country: Wales
Timeline
Posted
You must file AOS before 90 days in the US have passed. You must marry in that time too.

I did not enter on a K1, but from reading on this forum I believed that people who did had to marry within 90 days, but then there was no time limit on filing for AOS, as you are legal as long as you did marry within the 90 days. I have read some people on VJ actually putting off filing for AOS until their second anniversary, in order to just get the 10 year green card and avoid first getting a 2 year one, and later having to file to remove conditions. Otherwise, I agree with the others too :)

Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi Nich-Nick,

Thanks for this. It makes a lot of sense. We're getting married within a month of his arrival here in Boston, so that shouldn't be a problem, and now, come to think of it, we'll probably have his SSN by then anyway. But getting all the AOS forms filed before the 90 days are up makes a lot of sense. Best not to chance it. And it'll be nice having all that sent off before new year.

Thanks!

Hi all,

We've got the K-1 and my fellow is coming over here in the middle of November (finally!)... just trying to get ready for the AOS process. I was looking at the sample forms and they all ask for SSN for the petitioner (if any)... so I wonder, is it best to get the SSN first before filling out the AOS forms? And also, since the K-1 has a six month validity, do you have to start filing for AOS before those six months are over?

Thanks!

The K1 is valid to enter the US for 6 months. BUT once you use it (enter) it is a 90 day visa. You must file AOS before 90 days in the US have passed. You must marry in that time too. So you actually have 6 months (in home country) + 90 days (in the US) if you wanted to stretch it out to the max.

We filed AOS without a SSN because we wanted to get it sent off instead of waiting for the card to arrive. I believe the parts asking for SSN would apply to people who had been here on student visas or work visas in the past and already had a number. Or, of course, some people get them fairly quickly and don't marry or file AOS quite as quickly as we did. It's not a requirement. They just want to know your number if you already have one. We went to Social Security office 11 days after Nick arrived and he was in the system and they ordered the card. For some bureaucratic reason, he could not find out his number until the card arrives, but it doesn't really matter.

Posted
is it best to get the SSN first before filling out the AOS forms?

It's not necessary for AOS. You can get it but if you don't have it, just write NONE here it asks for it.

And also, since the K-1 has a six month validity, do you have to start filing for AOS before those six months are over?

No. Once the visa used, the visa exp date is meaningless since the visa can't be used again. It's a one-time visa, so you need to use it before it expires and then it's void. Once you enter the US, the I-94 you get at POE determines your immigration status and expires in 90 days. You need to get married before the I-94 expires, but there's really no deadline for adjusting status. Ideally, you should apply before you are "out of status", but people have waited up to a couple of years. You may be asked at the interview why you waited to adjust, but it shouldn't affect you negatively.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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