SOMEBODY PLEASE HELP ME NOW!!!FRUSTRATED

[sheepsmore 0]

Hi everyone,

I really do need help! I'm confused and do not know what to do next or what steps to take!

Its really depressing and frustrating for my partner and I.

I arrived in the US on a K-1 visa sometime in late June and was given 90 days to get married [b4 Sept 22nd].

We applied for my job authorization the week of my arrival. I thought of applying for my social security card but the website instructed that work eligibilty was required to apply for that.

Eventually i got called for my biometrics a month later [early August] and a few days after that got married to my sweetheart and we thot that was the end of the hassle and we kinda relaxed a bit more and started focussing on me getting my job authorization.

I started applying for jobs pending the arrival of my job authorization. Got 2 fantastic offers and kept them pending my work permit papers.

Eventually, it came but it was issued on the 5th of Sept and was to be valid only till 22nd [date on my i-94 card]. I thot it was ridiculous to have work permit issued for just 17days and i decided to go apply my social security card today only to get there and be refused cos my job authorization will expire in less than 2 weeks. I was referred to an immigration office to try updating my visa from K-1 to K-3 so that i at least could be issued a social security. I was also told that i didnt need work authorization to apply if i had come with d i-94 on my k-1 visa.

Now my issue is this! Is there any chance of me changing status from k-1 to k-3 just so i can get my social security card and does it also mean i have to wait for another 90days without working when i apply for the next i-765? Because i believe that will be most cruel after all efforts made and all the patience exercised in getting this initial work permit. Would it mean sacrificing the jobs that have been offered to me while i was waiting for this work permit?

What do i do next? I know i have to apply for the i-485 but in the meantime, who am i and what is my status? what can i do about the process of adjusting status and the whole situation.

Advice urgently needed!

[Canuck Carrie 1]

Here is the guide that will help you out.

You had the right idea, you just did it in the wrong order.

[Kathryn41 3,205]

A K-3 is for a spouse who is living outside of the US to get permission to come to the US and apply for adjustment of status inside the US instead of waiting for the (previously) long waits to get an immigration visa outside of the US. Your most immediate concern now is to get the Adjustment of Status application filed, and file for Employment Authorization (EAD) at the same time. You can also apply for an Advance Parole (AP) at the same time if you feel you may need or wish to leave the US before you get your green card.

When you applied for your first EAD it was only based on the I-94 which expires after 90 days. Since you have no status after that expires they cannot grant you any immigration benefits after that date. That is why you need to apply for AOS. Once you do, your status becomes AOS applicant, and you are again eligible to apply for an EAD. EADs generally take 2 to 3 months to process and this one will be valid for a full year. Your AOS should come through within that year, but if not, then you apply for an extension of the EAD for another year. EADs can only be granted on a valid immigration status so that is why your first one expired so soon.

Once you get the EAD based on your AOS - or your green card, which ever comes first - you can go back and reapply for your SSN. Idealy, you would have applied first for your SSN around 2 weeks after you arrived in the US, and then worry about getting employment authorization. As a K-1 you didn't need to have the EAD first - the K-1 status allowed you to get the SSN but you need to have sufficient time left on your I-94 as well, which is why they won't give it to you now. Once you get your 1 year EAD based on your AOS you will have no problems.

I'm sorry that you received some mis-information about when to apply for the SSN. Right now, the best thing you can do is get the AOS and EAD applications completed and filed. Until then it will be a waiting game.

Edited September 16, 2006 by Kathryn41

[Peikko 1,575]

In other words: OOps, Kathryn got there first, and with a better post!

You cannot change your visa from K1 to K3, nor would you want to, it doesn't give authority to work.

What does is the EAD which you can file for in conjunction with your application to adjust status, which presumably you know about?

I am not certain about the EAD you recieved for 17 days, not an expert on this as I didn't apply for one. However, from what I have read, it is possible to continue extending the EAD until you get to the green card stage when it is no longer necessary.

The guides pointed to by the link will help in the AOS process if you require it.

Unfortunately, it is likely that there will be a wait for the documents permitting you to work. You should seriously consider starting your AOS process immediately, as dependant on your local office, you could get your green card interview (and ultimately the green card) faster than waiting for the work permit.

Good luck.

Edited September 16, 2006 by Purple_Hibiscus

[meauxna 15]

Hi everyone,

I really do need help! I'm confused and do not know what to do next or what steps to take!

Its really depressing and frustrating for my partner and I.

I arrived in the US on a K-1 visa sometime in late June and was given 90 days to get married [b4 Sept 22nd].

We applied for my job authorization the week of my arrival. I thought of applying for my social security card but the website instructed that work eligibilty was required to apply for that.

Eventually i got called for my biometrics a month later [early August] and a few days after that got married to my sweetheart and we thot that was the end of the hassle and we kinda relaxed a bit more and started focussing on me getting my job authorization.

I started applying for jobs pending the arrival of my job authorization. Got 2 fantastic offers and kept them pending my work permit papers.

Eventually, it came but it was issued on the 5th of Sept and was to be valid only till 22nd [date on my i-94 card]. I thot it was ridiculous to have work permit issued for just 17days and i decided to go apply my social security card today only to get there and be refused cos my job authorization will expire in less than 2 weeks. I was referred to an immigration office to try updating my visa from K-1 to K-3 so that i at least could be issued a social security. I was also told that i didnt need work authorization to apply if i had come with d i-94 on my k-1 visa.

Now my issue is this! Is there any chance of me changing status from k-1 to k-3 just so i can get my social security card and does it also mean i have to wait for another 90days without working when i apply for the next i-765? Because i believe that will be most cruel after all efforts made and all the patience exercised in getting this initial work permit. Would it mean sacrificing the jobs that have been offered to me while i was waiting for this work permit?

What do i do next? I know i have to apply for the i-485 but in the meantime, who am i and what is my status? what can i do about the process of adjusting status and the whole situation.

Advice urgently needed!

You made some errors, and you're not going to like the answer/solution (or maybe you will! read to the end).

As of 9/22, you have no status. As soon as your I-485 is accepted, you are back in a 'pending' status and are legal. With your I-485 you can apply for the one-year EAD (you applied for the 'wrong' one last time) via form I-765. It will take roughly 3 months to get your EAD, as your previous experience shows. Once you have that, you will then again be eligible to get a Social Security account.

As a K-1, you were entitled to get the SS# in your first 76 days, EAD or no EAD. It's known that applying for the temporary EAD from your K-1 status is a no-go because of the processing time--unfortunately, it wasn't known by you in time.

K-3s also have to apply for separate work authorization, so that idea is a non-starter anyway.

The bottom line is that you are not work authorized now, and you won't be for another 3 months minimum.

You also won't be able to get your SS# immediately once you have your EAD in hand---SSA will have to verify your status. HOWEVER, you may be hired at that time, and catch up the SS# when you get it.

There is some potentially good news, but it's going to require some more forward research by you. Employers are in charge of verifying a person's employment authorization. They use a form called I-9 to do so, and these forms are not mailed in anywhere, merely retained at the employer's place of business. Some employers are very mainstream and have a system to always complete these forms, others are more relaxed about it, or can make the choice to complete it or not. The employer is the one who faces penalties (in theory) for not checking an employee's documents or re-verifying status. You also do have hireable documents *today* (look up form I-9).

In addition, you could do some research on what happens when there is "unauthorized" work by the spouse of a USC. It may not be what you think it is.

These are some things for you to look up, discuss, and make your decisions.

Edited September 16, 2006 by meauxna