K1 Process - After Entry to US

[DickandJane 0]

My fiancee will be coming to the US on June 1st. I was wondering if someone could give me an idea of the paperwork I need to file when she arrives. It is my understanding that after about 10 days we should file to get her a Social Security number (I believe this is an I-131). But what else needs to be filed prior to our marriage? Basically we would like for her to be able to work ASAP. So I guess the better question is: what are the steps that need to be taken to get her into a position where she can work legally once she has arrived?

And then after our marriage:

Same question - What needs to be filed? I have taken a look at the K1 flowchart but it doesn't mention some of the paperwork I have been informed I'll need to file, namely the I-765. It is my understanding that the I-485 is what I'll need to file after the marriage but I don't understand where the I-765 comes into play or if it does.

Thanks for the help.

[Inky 1,110]

An I-131 is a travel document that is applied for with the AOS package NOT a SSN

You go to the SSN office and apply for an SSN.

[mrsfrisbey 6]

My fiancee will be coming to the US on June 1st. I was wondering if someone could give me an idea of the paperwork I need to file when she arrives. It is my understanding that after about 10 days we should file to get her a Social Security number (I believe this is an I-131). But what else needs to be filed prior to our marriage? Basically we would like for her to be able to work ASAP. So I guess the better question is: what are the steps that need to be taken to get her into a position where she can work legally once she has arrived?

And then after our marriage:

Same question - What needs to be filed? I have taken a look at the K1 flowchart but it doesn't mention some of the paperwork I have been informed I'll need to file, namely the I-765. It is my understanding that the I-485 is what I'll need to file after the marriage but I don't understand where the I-765 comes into play or if it does.

Thanks for the help.

i believe the SSN she will get is not valid for work. you have to file AOS with EAD and AP.

[Nicole-N-Nattoy 24]

We are about to sent our paperwork off for AOS so I think I can help a bit. If you type AOS in search you can find alot of good info.

SSN first/ you can apply for the card online then go to the place where they do SSC and fill out forms bring paperwork.

Then marrage licence

Then get married

then file for AOS... I would type it all but if you just type AOS in search and click on the first post it will give you all the info you nedd:)

[ryna 132]

My fiancee will be coming to the US on June 1st. I was wondering if someone could give me an idea of the paperwork I need to file when she arrives. It is my understanding that after about 10 days we should file to get her a Social Security number (I believe this is an I-131). But what else needs to be filed prior to our marriage? Basically we would like for her to be able to work ASAP. So I guess the better question is: what are the steps that need to be taken to get her into a position where she can work legally once she has arrived?

And then after our marriage:

Same question - What needs to be filed? I have taken a look at the K1 flowchart but it doesn't mention some of the paperwork I have been informed I'll need to file, namely the I-765. It is my understanding that the I-485 is what I'll need to file after the marriage but I don't understand where the I-765 comes into play or if it does.

Thanks for the help.

First, congrats!

OK, here's what you need to know based on your questions...

Wait 10-15 days, then go to the local SSA office. Your fiancee will apply for her SS Card there.. Make sure the name is spelled correctly/matches 100% between the I-94 Arrival record and I-94 Departure record at the POE. The SSA has to use the name shown on the I-94 Departure record and it is compared against the I-94 Arrival record that CBP keeps.

Yes, it is theoretically possible for a K-1 to work before getting married but not realistic..

A K-1 is eligible to file for an EAD (Employment Authorization Document) using the I-765. It costs $340, takes 2-3 months to receive and is only good for the 90 days that are written on the I-94 given at POE... In other words, a complete waste of time and money...

After you are married, you can file for AOS using the I-485. You may also file for Advance Parole (AP) using the I-131 which allows travel outside of the US and for the EAD (again,using the I-765.) The difference is that, this time. it is included in the price of the AOS and will be good for 1 year or until the GC is issued at which point it will not be necessary.

Make sure you read the guides here on VJ before filing for AOS. Read everything you submit to USCIS twice then read it again and all should go smoothly for you.

Best of luck!

Edited May 25, 2011 by ryna

[Krikit 1,164]

I'm going to move your question from K-1 Process over to the Work & Travel section. You'll find all your info there, as well as in the AOS forum.

[cchhat01 14]

Okay I wanna piggy back on this thread because it is related.

I too have filed a petition for my fiancee.

Once she enters we plan on marrying in court ASAP (in a couple of days).

We will apply for SSN afterwards.

Is there a proper process for this? I mean what name should go on the SS Card etc. I'm sure that once married, she will be taking my last name. I just don't want to make multiple trips to the Social Security Administration building.

Any ideas if my thinking has any issues?

Chigs

[ryna 132]

Okay I wanna piggy back on this thread because it is related.

I too have filed a petition for my fiancee.

Once she enters we plan on marrying in court ASAP (in a couple of days).

We will apply for SSN afterwards.

Is there a proper process for this? I mean what name should go on the SS Card etc. I'm sure that once married, she will be taking my last name. I just don't want to make multiple trips to the Social Security Administration building.

Any ideas if my thinking has any issues?

Chigs

Until she has either the EAD or the GC, she has no choice but to use the name that's on her I-94 whether you are already married or not. Unless you wait for one of those, you are in for a couple trips.

Or, maybe the name change can be done through the mail. I'm not sure about that, but the original card requires an in-person office visit.

[Krikit 1,164]

Until she has either the EAD or the GC, she has no choice but to use the name that's on her I-94 whether you are already married or not. Unless you wait for one of those, you are in for a couple trips.

Sorry, this is incorrect. The marriage certificate is the official change of name document. She can get her SSN in her married name using this document.

Chigs, please search for posts with the username "I Quit". He has posted the SSO's own policy statement on this. I took this document with me as backup when I went for my own SSN. Good luck.

[Inky 1,110]

I married after entry on K-1 and got my married name on the SSN.

Ryna is wrong you have the option as long as you have your marriage certificate with you when you request the SSN in married name.

[ryna 132]

Sorry, this is incorrect. The marriage certificate is the official change of name document. She can get her SSN in her married name using this document.

Chigs, please search for posts with the username "I Quit". He has posted the SSO's own policy statement on this. I took this document with me as backup when I went for my own SSN. Good luck.

I agree that "I Quit" would know for certain. And, I hope you are correct for this person's sake...

I am just going by what we were told, in person, at the SSA and that was that they could only issue an original SS Card in a name that matches the I-94 information and, since DHS wouldn't have the updated name in their database until either the EAD or the GC is issued, this would be the hiccup. We filed for it first before we got married. The I-94 name didn't match the DHS database and we ended up getting married before they issued her card. As she didn't have it yet after a month, we went back to apply in her married name but they flat out refused to issue it in her married name (or in any name) until the DHS records matched the I-94 (of course, they would never match.)

Finally, after nearly 6 weeks, they issued it in her maiden name (from the I-94). I suppose we could have gone back before the 75th day passed and had it changed without DHS's blessing but that would have been a replacement card, not the original, and meant a minimum of two trips to the SSA offices. She was finally able to change it this week with her EAD.

That said, there is no guarantee that the SSA employees in our office even knew what they were talking about. You may be 100% in the right but that doesn't mean it will be issued without problems.

I married after entry on K-1 and got my married name on the SSN.

Ryna is wrong you have the option as long as you have your marriage certificate with you when you request the SSN in married name.

OK, glad to see this for the other person's benefit.

We were obviously lied to or the victims of incompetence.

[Krikit 1,164]

And, I hope you are correct for this person's sake...EAD.

Yes, I'm correct. I am one of very many who applied for, and received, their SSN in their married name. If you are told no by the clerk handling your case you show them their own policy document. If you still meet with a brick wall then you request an escalation to a supervisor. If there's one thing I've found in my dealings with US services, it's that they're not very knowledgeable of their own policy and procedure.

[ryna 132]

Yes, I'm correct. I am one of very many who applied for, and received, their SSN in their married name. If you are told no by the clerk handling your case you show them their own policy document. If you still meet with a brick wall then you request an escalation to a supervisor. If there's one thing I've found in my dealings with US services, it's that they're not very knowledgeable of their own policy and procedure.

I've lived here my whole life and have been pretty lucky in that I've never had many issues with the Federal government agencies but after dealing with immigration for the first time in my life (and other agencies from an immigrant's perspective), I agree that they sometimes aren't very familiar with their own the rules and regulations. It's certainly much more of a headache than anything I remember it being...

[cchhat01 14]

I married after entry on K-1 and got my married name on the SSN.

Ryna is wrong you have the option as long as you have your marriage certificate with you when you request the SSN in married name.

This helps quit a lot, I will definitely check out I QUit's post/link and have my fiancee carry it along with her.

Yes, I'm correct. I am one of very many who applied for, and received, their SSN in their married name. If you are told no by the clerk handling your case you show them their own policy document. If you still meet with a brick wall then you request an escalation to a supervisor. If there's one thing I've found in my dealings with US services, it's that they're not very knowledgeable of their own policy and procedure.

Kudos, I like your perseverance.

[DickandJane 0]

First, congrats!

OK, here's what you need to know based on your questions...

Wait 10-15 days, then go to the local SSA office. Your fiancee will apply for her SS Card there.. Make sure the name is spelled correctly/matches 100% between the I-94 Arrival record and I-94 Departure record at the POE. The SSA has to use the name shown on the I-94 Departure record and it is compared against the I-94 Arrival record that CBP keeps.

Yes, it is theoretically possible for a K-1 to work before getting married but not realistic..

A K-1 is eligible to file for an EAD (Employment Authorization Document) using the I-765. It costs $340, takes 2-3 months to receive and is only good for the 90 days that are written on the I-94 given at POE... In other words, a complete waste of time and money...

After you are married, you can file for AOS using the I-485. You may also file for Advance Parole (AP) using the I-131 which allows travel outside of the US and for the EAD (again,using the I-765.) The difference is that, this time. it is included in the price of the AOS and will be good for 1 year or until the GC is issued at which point it will not be necessary.

Make sure you read the guides here on VJ before filing for AOS. Read everything you submit to USCIS twice then read it again and all should go smoothly for you.

Best of luck!

Thanks for all the great information. This is just what I needed.