After the K-1...some case specific questions

[gracedmendola 0]

Hello!

My fiance' and I are awaiting out NOA-2, and in the meantime I'm doing some research for what's to come...I have a few questions about AOS and that next arena of our lives:

1. My fiance' was issued a SSN when he lived in the States on a student visa several years ago. Will this same number still hold? Does anyone have any idea if this will speed things up for us or slow us down?

2. Am I understanding correctly that until the AOS is processed, my fiance' will not be able to drive or work?...is there a way to get a DL while under the K-1?

3. Can we send in our I-485 as soon as he arrives in the States and we obtain a marriage certificate? (before the wedding...!) I can have everything else in the paper work prepped, right? Is there anything else that has to be gathered/obtained after he arrives in the States?

4. From other's experience, what are the chances of getting AP in time in we apply in September and need to travel out of the country the last week of August?

4. And finally, does the 485 go through the USCIS Service Centers OR the local district offices?

Thanks so much for the help! I love this website!

Grace

[Terri and Seb 0]

1. Yep, it will be the same #. My husband was in a similar situation. This didn't really speed things up for us, personally, as he still had to apply for a new card with the right employment information on it.

2. The PA DMV told us that my husband could legally drive, he'd just have to take the online test and the driving test again. This very likely differs from state to state. If your fiance is going through JFK, he or she will likely receive the temporary EAD stamp that's good for 90 days. There is a big question as to how valid it is with new I-9 requirements, but my husband has been told by many employers that they would hypothetically hire him with it. It's a matter of employer preference, although it's tough to find someone to hire you for just 90 days when your passport has a stamp that says EMPLOYMENT AUTHORIZED UNTIL JUNE 5 (or whatever your equivalent is). We haven't had any luck with him finding a job yet.

3. Technically, once your fiance arrives you'll need to have the vaccination records from your medical transcribed onto the I693 form by a U.S. civil surgeon. We did not send this information in and so far we haven't received an RFE. Others have had different experiences with this, so you may want to have it done to be on the safe side.

4. I don't think the chances are very good, unfortunately.

5. USCIS is filed through the Chicago office for all people adjusting from K-1.

Best of luck!

[JeremyR 8]

2. Am I understanding correctly that until the AOS is processed, my fiance' will not be able to drive or work?...is there a way to get a DL while under the K-1?

A K-1 cannot undertake paid employment legally without an EAD in hand (despite that others will protest otherwise, see this thread for more).

In most states you must have a green card or an EAD in-hand to obtain a drivers license, however some states' rules are more lax. Check your DMV's website for the section that deals with proving lawful presence to learn what he'll need. He'll also need his SSN but you've got a head start on that one

Additionally, if he has one, your fiancé may be able to drive on his foreign driver's license for a period of time after entry. Again, check with your state's DMV for precise rules because they vary from state to state. I know GA's allowance is a meagre 30 days but others have mentioned allowances of up to a year on a foreign license in other states.

3. Can we send in our I-485 as soon as he arrives in the States and we obtain a marriage certificate? (before the wedding...!) I can have everything else in the paper work prepped, right?

No. First off you cannot get a marriage certificate until after you're married (because it's proof that the marriage has taken place). Secondly, your then spouse MUST be married to the person who petitioned for him (i.e. you) to file AOS on the basis of an approved I-129F/K-1.

You obtain a marriage license before the ceremony and once it's been signed and sealed and stored for all time by the county, it then becomes your marriage certificate (although some (or indeed most?) counties/states may use a separate document for each).

Is there anything else that has to be gathered/obtained after he arrives in the States?

Yes, the documents for the I-864 (Affidavit of Support), which should be a recent as possible when you file (particularly tax returns and paychecks).

I filed before a rule change that affects vaccination records so I'll leave it for others to comment about that.

4. From other's experience, what are the chances of getting AP in time in we apply in September and need to travel out of the country the last week of August?

I don't understand - do you mean applying for AP in September 2009 and travelling in the last week of August 2010, almost a year later? If so then yes, absolutely he will have it and probably the green card by then too. If you got your dates the wrong way around there and you mean travelling a week after submitting the AP then almost certainly not. It takes 1-2 weeks to get the NOA1 back and about 3 months to process the AP. The caveat is that if there's a compelling emergency reason, you can request an expedite (with evidence, of course).

4. And finally, does the 485 go through the USCIS Service Centers OR the local district offices?

You file it at an address in Chicago but that's just a handling facility. They will then send it on to the National Benefits Center (aka Missouri Service Center) who will start processing it and then will themselves send it onwards, either to California Service Center (if your lucky) or your local office, which will lead to an interview.