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Posted (edited)

Hi Everyone,

I would like to ask for your help and advice again. I arrived in the US last August 16 and my fiance and I are going to get our marriage license this week. During our online research regarding the AOS, we were surprised that the AOS fee is so darn expensive! Geeez! Anyway, we would like to seek advice from those who already went through this process.

1. Do I (beneficiary) still need to apply for EAD (employment authorization) along with AOS application? If so, does this mean we have to pay the AOS fee PLUS the EAD filling fee of $380?

2. Can the K1 Visa be extended? If so, where to file it and how much will it cost? How long can it be extended?

3. We all know that K1 Visa is valid for 1 time entry with a validity of 90 days. When will be our deadline in securing and filing the AOS?

4. After we get married, how soon can I get a SSN? Do we need to get my SSN first prior to sending the AOS form?

Please feel free to include more details/links to relavant topics and where we could get more information. Thank you in advance for your time and help.

BCLOVE

Edited by bclove
Filed: Citizen (apr) Country: Canada
Timeline
Posted

K-1 visa is not extended it is void once you used it to enter the USA.

It is ONE FEE of 1070$ when you apply for AOS EAD and AP together at the same time in the same packet.

The only deadline is to marry within the 90 days.

You can get an SSN 2 weeks after entry to the USA. If your I-94 is already expired you must wait for EAD or GC to get the SSN. You DO NOT need an SSN to file AOS.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Posted

A K-1 is a non-immigrant visa. When you arrive to the US, you are given 90 days in which to marry. You cannot extend the period of 90 days.

You do not need to apply for an EAD along with AOS; however, the EAD is free when filed in conjunction with the AOS. It is intended as a temporary measure for work for the time while AOS is processing. The EAD takes 2-3 months to get, and the AOS can take the same time, or it can take longer, so people usually apply for the EAD.

You cannot leave the country (you can leave but you can't come back) until you apply for AOS and receive a temporary travel permission, called Advance Parole. This is usually combined with the EAD card.

There is no strict deadline for filing AOS, as long as you marry within the 90 days. However, after the 90th day, you will be out of status and begin accruing days of unauthorized stay. These days will be forgiven once your GC is approved, but most people want to avoid them anyway. If you get 180 days of unauthorized presence you will trigger a ban for reentry, even with Advance Parole.

You can get a SSN now. A K-1 is entitled to a SSN as long as there is 2 weeks left on the I-94.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

A K-1 is a non-immigrant visa. When you arrive to the US, you are given 90 days in which to marry. You cannot extend the period of 90 days.

You do not need to apply for an EAD along with AOS; however, the EAD is free when filed in conjunction with the AOS. It is intended as a temporary measure for work for the time while AOS is processing. The EAD takes 2-3 months to get, and the AOS can take the same time, or it can take longer, so people usually apply for the EAD.

You cannot leave the country (you can leave but you can't come back) until you apply for AOS and receive a temporary travel permission, called Advance Parole. This is usually combined with the EAD card.

There is no strict deadline for filing AOS, as long as you marry within the 90 days. However, after the 90th day, you will be out of status and begin accruing days of unauthorized stay. These days will be forgiven once your GC is approved, but most people want to avoid them anyway. If you get 180 days of unauthorized presence you will trigger a ban for reentry, even with Advance Parole.

You can get a SSN now. A K-1 is entitled to a SSN as long as there is 2 weeks left on the I-94.

Thank you for your immediate response :) Where do we go to apply for the SSN? I read somewhere that we need to get married first before getting a SSN. So, if that's the case then next, next week we can go and apply for the SSN. I'm sorry for the many questions.

Posted

You can get a SSN as soon as you get to the US. Usually people recommend waiting 2 weeks to give your POE information a chance to update in their database so as to avoid a manual verification process. You can get one up to the point when you have only 2 weeks left on your I-94. You can also wait until you are married, if you like, though it is usually simpler to get one before marriage.

http://www.visajourney.com/content/ssn

http://www.visajourney.com/content/k1k3aos

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

  • 1 month later...
Posted

K-1 visa is not extended it is void once you used it to enter the USA.

It is ONE FEE of 1070$ when you apply for AOS EAD and AP together at the same time in the same packet.

The only deadline is to marry within the 90 days.

You can get an SSN 2 weeks after entry to the USA. If your I-94 is already expired you must wait for EAD or GC to get the SSN. You DO NOT need an SSN to file AOS.

Hi Inky,

Thanks for your response here. However, please enlighten me with the "AP" you mentioned in your response (above). What form or application is this form and could you please tell me what AP stands for? Pardon my ignorance on this. I'm grateful for your time and I hope to receive your reply soon.

BCLOVE

Filed: Citizen (apr) Country: Canada
Timeline
Posted

However, please enlighten me with the "AP" you mentioned in your response (above). What form or application is this form and could you please tell me what AP stands for? Pardon my ignorance on this. I'm grateful for your time and I hope to receive your reply soon.

Please read the guides http://www.visajourney.com/content/k1k3aos. Everything is explained in there :thumbs:

US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

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

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