How long till ability to work in USA??

[Daniel and Laura 1]

Just trying to stay on top of things here. Not sure if there is another forum to post this to, if so let me know. We are waiting for embassy in Bogota to receive our case and give us an interview date, assuming things are approved and go smoothly... how exactly do we get approval for Daniel to work once we are married? I believe there is a form to file with the AOS form? How long does that take? I've also heard something about immediately applying for a SSN for him and that would give him the ability to work? Just want to make sure we are doing everything as timely as possible. Any info would be greatly appreciated! Thanks!!!

[Gary and Alla 3,694]

Just trying to stay on top of things here. Not sure if there is another forum to post this to, if so let me know. We are waiting for embassy in Bogota to receive our case and give us an interview date, assuming things are approved and go smoothly... how exactly do we get approval for Daniel to work once we are married? I believe there is a form to file with the AOS form? How long does that take? I've also heard something about immediately applying for a SSN for him and that would give him the ability to work? Just want to make sure we are doing everything as timely as possible. Any info would be greatly appreciated! Thanks!!!

He CAN get an SSN immediately. It does NOT allow him to work. He must have a green card or EAD to work and that will come 2-3 months after you file for the adjustment of status which is after you are married.

[MADforMEGHAN 0]

the above post is correct, i thought id add you have to apply for ur SSN while the K-1 visa is still valid, otherwise you will have to wait till you get ur EAD card a couple of months after the AOS application

[Gary and Alla 3,694]

the above post is correct, i thought id add you have to apply for ur SSN while the K-1 visa is still valid, otherwise you will have to wait till you get ur EAD card a couple of months after the AOS application

Sort of.

The K-1 visa is for single entry so it is CANCELLED upon entry. It is replaced by the I-94 which has a 90 day validity. The SSN must be issued with more than 14 days left on the I-94. You must get the SSN before the 76th day after arrival. I suggest you get it the next morning. VJ guides say to wait two weeks. There is no need for that.

[ThaitoUSA 15]

Sort of.

The K-1 visa is for single entry so it is CANCELLED upon entry. It is replaced by the I-94 which has a 90 day validity. The SSN must be issued with more than 14 days left on the I-94. You must get the SSN before the 76th day after arrival. I suggest you get it the next morning. VJ guides say to wait two weeks. There is no need for that.

Gary has stated this numerous times, yet anecdoatal evidence has suggested that not everyone has been able to successfully apply for a SSN immediately after entering. We tried approximately four days after entry and were told to try again later. I know that Gary's experience was different. However there is a strong reason for VJ Guide suggesting that people wait and that is it ensures that one shall not wait three hours in a SS Office lobby only to be told to come back later to try again.

You can try the next day, but there is no need for that. I suggest you wait about two weeks.

[phyxsius 1]

How about the I-765 form? does that not apply for k1 visa ?

Says that you can use this whilst applying for an AOS and i guess this will be issues sooner since it says that u can work while waiting for your aos approval

please correct me if i am wrong ?

[KT and Xyrena 4]

How about the I-765 form? does that not apply for k1 visa ?

Says that you can use this whilst applying for an AOS and i guess this will be issues sooner since it says that u can work while waiting for your aos approval

please correct me if i am wrong ?

Your fiance can apply for I-765 at least after having an SSN. No need to wait for the AOS filing to do this. It will cost you though, since when I-765 is filed along with I-485 (AOS), it is free. If done prior, (the K1 visa entitles the holder to apply for one), you have to pay $350 if I'm not mistaken. The filing of I-765 on the basis of K1 will expire along with the K1 visa. So if the EAD is not received prior to the expiration of K1 visa (90th day from entry date), you can file for an extension of the EAD while the AOS is pending. It is free when you do so.

[Harpa Timsah 13,258]

K-1s can file a I-765 right on entry under code A6 and pay $350. That EAD will expire when the I-94 expires, after 90 days. It takes about 90 days to process the I-765. Therefore, you would be paying hundreds of dollars for a document that works for maybe a few days before it expires. It is basically worthless and a waste of money.

Once you marry, you file your AOS forms. WIth that bundle, there is anther I-765 you file under code C9 for free! That EAD is good for a year, and you should get your GC much earlier than a year. (The GC itself gives you the right to work/travel). It still takes around 90 days to process the EAD (sometimes 60 days). If working is important to you, you can marry soon after entry and get the ball rolling on your AOS.

Good luck to everyone.

[Daniel and Laura 1]

Wow thanks for all the info! I appreciate it! So given all of this... here is our plan, let me know if there is a better way...

We plan to marry at the courthouse the day after he arrives in order to file both the I-485 and the I-765 that same day. So he should receive this EAD in 60-90 days from then and be able to work while the AOS is pending. Right? Where does applying for SSN fit into that?

[Anh map 2,098]

You will need to have a certified copy of your marriage license to submit with the adjustment of status. This is obtained from the jurisdiction where you marry. This will take a bit of time for the marriage to be recorded in the official records.

How long? I am sure it varies. Best bet is to ask at the clerk of courts / county clerk office where you will marry.

[Kimbear 53]

K-1s can file a I-765 right on entry under code A6 and pay $350. That EAD will expire when the I-94 expires, after 90 days. It takes about 90 days to process the I-765. Therefore, you would be paying hundreds of dollars for a document that works for maybe a few days before it expires. It is basically worthless and a waste of money.

Once you marry, you file your AOS forms. WIth that bundle, there is anther I-765 you file under code C9 for free! That EAD is good for a year, and you should get your GC much earlier than a year. (The GC itself gives you the right to work/travel). It still takes around 90 days to process the EAD (sometimes 60 days). If working is important to you, you can marry soon after entry and get the ball rolling on your AOS.

Good luck to everyone.

the correct category is C9 if you came in on a k1 visa and applied for EAD (work authorization form i 765) at the same time as the i485 and you do not have to pay any extra money for the form.

[Kimbear 53]

Wow thanks for all the info! I appreciate it! So given all of this... here is our plan, let me know if there is a better way...

We plan to marry at the courthouse the day after he arrives in order to file both the I-485 and the I-765 that same day. So he should receive this EAD in 60-90 days from then and be able to work while the AOS is pending. Right? Where does applying for SSN fit into that?

it depends on the local ASC office that does the biometrics appointments. some were backed up like mine in Chicago and the Texas one so it took me a bit longer. but yes the average is 90days roughly.

also you do not have to pay the $380 fee for the i765 form, as long as you file it same time as the aos 485 form. i485 fee is $985. Add $85 biometric fee for a total of $1070.

Wow thanks for all the info! I appreciate it! So given all of this... here is our plan, let me know if there is a better way...

We plan to marry at the courthouse the day after he arrives in order to file both the I-485 and the I-765 that same day. So he should receive this EAD in 60-90 days from then and be able to work while the AOS is pending. Right? Where does applying for SSN fit into that?

apply for SSN as soon as you get the marriage certificate. it took me less than two weeks, when the county originally told me to wait a month. when you go get your marriage license ask them what the turn around time is to get the marriage certificate.

Also, make sure your fiance's name is on the mailbox for the mail, some postmen/ women wont deliver an SSN or any government mail if the persons name is not on the actual mailbox. i was told specifically to put my full name not just the family surname.

Edited April 19, 2011 by Kimbear

[ryna 132]

it depends on the local ASC office that does the biometrics appointments. some were backed up like mine in Chicago and the Texas one so it took me a bit longer. but yes the average is 90days roughly.

also you do not have to pay the $380 fee for the i765 form, as long as you file it same time as the aos 485 form. i485 fee is $985. Add $85 biometric fee for a total of $1070.

apply for SSN as soon as you get the marriage certificate. it took me less than two weeks, when the county originally told me to wait a month. when you go get your marriage license ask them what the turn around time is to get the marriage certificate.

Also, make sure your fiance's name is on the mailbox for the mail, some postmen/ women wont deliver an SSN or any government mail if the persons name is not on the actual mailbox. i was told specifically to put my full name not just the family surname.

And, I'll add be ready for any and everything to crop up. What should have taken a week to 10 days (SS Card) took us 6 weeks, a return trip to CBP and several stops at the SSA office due to clerical error on I-94. A bit of advice to anyone doing POE for immigrant purposes - check and double check that the Arrival and Departure portions of the I-94 match 100%. Any abbreviation, etc. can derail what should be a smooth process. At the very least, it will slow it down more than it should. Of course, typographical errors on the part of DHS and/or SSA don't help either.

That said. 2-3 months is the norm after submitting the I-765/I-131s. The I-485 usually takes longer but I've seen some cases where it actually arrived earlier than the EAD/AP.

[ryna 132]

Also, make sure your fiance's name is on the mailbox for the mail, some postmen/ women wont deliver an SSN or any government mail if the persons name is not on the actual mailbox. i was told specifically to put my full name not just the family surname.

I have never heard that but it sure can't hurt. Maybe it's a regional thing?? Or, an apartment/condo vs. house thing?

[Daniel and Laura 1]

So going back to the SSN thing... I was reading the form to apply with and it said something about having to provide a reason for needing a social security card if you are not legal to work in the US. Sooooo what do I say? Do I need to wait to get the EAD before applying for the SSN?

p.s. Anh map... thanks so much for those links!! So helpful!!