K-1 and Beyond!

[Scafidi454 22]

Let me first state that I am too tired to research USCIS or Travel.State.Gov websites right now. So, I'm just going to ask the community (I've been going since 5:00a.m. CST). Anyway, after K-1 is issued, can we apply for EAD, AP, and AOS all at the same time for just the one price of the AOS (approx. $985 and the biometrics fee)? Then, since my fiance already has a SSN (from her student work visa from 2010), when she gets her EAD can she begin working? After the AOS is approved, she'll get a temporary green card, correct, which is valid for 2 years? Then, permanent residence is applied for a period of 10 years (permanent green card status), and then the removal of conditions to naturalize after those 10 years?

At the point of the temporary green card and work authorization, can we also travel outside of the U.S. without reliance on the Advance Parole (AP)?

[GnBnL 50]

after your fiance enters the US on a K-1, and you have married within 90 days, it has served its purpose (sole purpose) next, you file to AOS which means you register for permanent resident card (2 yr conditional GC) EAD (work auth) and AP (travel doc) all at once. You do not HAVE to file for all three, but you should because when you do, they waive the fees for the EAD and AP as opposed to filing separately and paying all fees, plus, its just good sense. You will most likely be issued EAD/AP at the same time as I believe it is a combo card, and then GC either with, or without interview. Once you have that, you're all set until it comes time to remove the "conditions" on the GC. But for now, just worry about what's in front of you

[GnBnL 50]

oh, and the non-US cit cannot travel outside the US until they are issued either AP or GC. removal of conditions are filed within (I believe, but feel free to correct me someone) 90 days before the 2 yrs are up.

[VanessaTony 3,567]

Let me first state that I am too tired to research USCIS or Travel.State.Gov websites right now. So, I'm just going to ask the community (I've been going since 5:00a.m. CST). Anyway, after K-1 is issued, can we apply for EAD, AP, and AOS all at the same time for just the one price of the AOS (approx. $985 and the biometrics fee)? Then, since my fiance already has a SSN (from her student work visa from 2010), when she gets her EAD can she begin working? After the AOS is approved, she'll get a temporary green card, correct, which is valid for 2 years? Then, permanent residence is applied for a period of 10 years (permanent green card status), and then the removal of conditions to naturalize after those 10 years?

At the point of the temporary green card and work authorization, can we also travel outside of the U.S. without reliance on the Advance Parole (AP)?

Close but not quite

She should go to the SSA about 2 weeks after she gets here to update her status with them from student to K1. She doesn't HAVE to I think but I would.

She'll get a 2 year conditional card after AOSing successfully. 90 days before the expiry date on that card she needs to file for ROC (removal of conditions). On successful completion of this she'll get a 10 year GC.

Both GC's have the same travel restrictions. 6 months or more can be used against her in deciding she's given up her status. 12 months she HAS given up her status. She can apply for a Re-entry permit to stay out up to 2 years. All these absences take time off the naturalisation clock (6 months it's paused, 12 months it resets).

If you are still married when she's been an LPR for 3 years then she can apply for USC. She can apply 90 days before that 3 year date. If you're not married it 5 years. Once she's a USC she can live where she wants, for however long she wants. However just like any USC she is required to file her US taxes every year no matter where she is earning money. There is an exemption form for foreign income but they still need to be filed.

[Scafidi454 22]

Close but not quite

She should go to the SSA about 2 weeks after she gets here to update her status with them from student to K1. She doesn't HAVE to I think but I would.

She'll get a 2 year conditional card after AOSing successfully. 90 days before the expiry date on that card she needs to file for ROC (removal of conditions). On successful completion of this she'll get a 10 year GC.

Both GC's have the same travel restrictions. 6 months or more can be used against her in deciding she's given up her status. 12 months she HAS given up her status. She can apply for a Re-entry permit to stay out up to 2 years. All these absences take time off the naturalisation clock (6 months it's paused, 12 months it resets).

If you are still married when she's been an LPR for 3 years then she can apply for USC. She can apply 90 days before that 3 year date. If you're not married it 5 years. Once she's a USC she can live where she wants, for however long she wants. However just like any USC she is required to file her US taxes every year no matter where she is earning money. There is an exemption form for foreign income but they still need to be filed.

I think that we would only update her SSN once we get married. I think that the last time I went to the SSA office they told me that there was a lifetime limit on how many cards can be ordered (I've lost a few).

As far as what you are calling the "LPR", are you saying that after she's here on her conditional GC for 2 years and applies for permanent residence, she can apply for citizenship one year into her permanent residence?

I only ask because she and I have talked about living outside of the country in the next few years, but that's still too far to determine...

[baron555 934]

Let me first state that I am too tired to research USCIS or Travel.State.Gov websites right now. So, I'm just going to ask the community (I've been going since 5:00a.m. CST). Anyway, after K-1 is issued, can we apply for EAD, AP, and AOS all at the same time for just the one price of the AOS (approx. $985 and the biometrics fee)?

Yes

Then, since my fiance already has a SSN (from her student work visa from 2010), when she gets her EAD can she begin working?

Yes

After the AOS is approved, she'll get a temporary green card, correct, which is valid for 2 years? Then, permanent residence is applied for a period of 10 years (permanent green card status),

Yes (with another fee to pay!)

and then the removal of conditions to naturalize after those 10 years?

No, you're confused on this. She can keep renewing that 10 year GC until she passes (with fees paid every tine).

If she wishes to Naturalize, she can do it after she is married to you for three years, or after five years if you guys get divorced. Of course there is a fee to Naturalize. Once she has her US Passport, all is finished with USCIS, unless you guys want to petition parents or relatives and of course both yours and her US Passport are only valid for 10 years and then you pay again to get new ones.

At the point of the temporary green card and work authorization, can we also travel outside of the U.S. without reliance on the Advance Parole (AP)?

No, the work authorization has nothing to do with traveling. Either the AP or the GC will allow her to re-enter the US; you can ALWAYS leave at any time, no restrictions to that....it's the re-entering that can be a problem.

[baron555 934]

I think that we would only update her SSN once we get married. I think that the last time I went to the SSA office they told me that there was a lifetime limit on how many cards can be ordered (I've lost a few).

As far as what you are calling the "LPR", are you saying that after she's here on her conditional GC for 2 years and applies for permanent residence, she can apply for citizenship one year into her permanent residence?

I only ask because she and I have talked about living outside of the country in the next few years, but that's still too far to determine...

She's an LPR regardless of GC type.

[VanessaTony 3,567]

I think that we would only update her SSN once we get married. I think that the last time I went to the SSA office they told me that there was a lifetime limit on how many cards can be ordered (I've lost a few).

As far as what you are calling the "LPR", are you saying that after she's here on her conditional GC for 2 years and applies for permanent residence, she can apply for citizenship one year into her permanent residence?

I only ask because she and I have talked about living outside of the country in the next few years, but that's still too far to determine...

There is a lifetime limit but change of name and change of status don't count against your limit.

Yes, after 3 years of being an LPR (and if she's still married to you) she can apply for USC.

[JimVaPhuong 4,863]

I think that we would only update her SSN once we get married. I think that the last time I went to the SSA office they told me that there was a lifetime limit on how many cards can be ordered (I've lost a few).

As far as what you are calling the "LPR", are you saying that after she's here on her conditional GC for 2 years and applies for permanent residence, she can apply for citizenship one year into her permanent residence?

I only ask because she and I have talked about living outside of the country in the next few years, but that's still too far to determine...

"LPR" is Lawful Permanent Resident; i.e., an alien with a green card.

Someone who became a permanent resident through marriage to a US citizen can apply for citizenship three years after becoming a permanent resident IF they are still married to that US citizen. All other permanent residents can apply for citizenship five years after becoming a permanent resident.

Vanessa outlined the rules regarding periods of absence for permanent residents. Permanent resident status is intended for people who reside in the United States. If the US government determines that a permanent resident is actually residing abroad then they'll revoke their permanent resident status. There is a small chance that they'll conclude this if the LPR is absent from the US for more than six months, and a greater chance if the LPR appears to be spending more time outside the US than inside. An absence of more than 1 year requires advance permission from USCIS in the form of a reentry permit. Without a reentry permit the LPR would have abandoned their permanent resident status. An absence of two years would result in abandonment of their permanent resident status even with a reentry permit. An alien who loses their permanent resident status because of an extended absence from the US may be able to restore their status by applying for a returning resident visa IF they can prove that the reason for the extended absence was not expected and was beyond their control.

Once she becomes a US citizen then you're safe to live abroad as long as you like without abandoning status. The earliest that could happen is three years after she becomes a permanent resident.

[Scafidi454 22]

"Let me first state that I am too tired to research USCIS or Travel.State.Gov websites right now. So, I'm just going to ask the community (I've been going since 5:00a.m. CST). Anyway, after K-1 is issued, can we apply for EAD, AP, and AOS all at the same time for just the one price of the AOS (approx. $985 and the biometrics fee)?

Yes

Then, since my fiance already has a SSN (from her student work visa from 2010), when she gets her EAD can she begin working?

Yes

After the AOS is approved, she'll get a temporary green card, correct, which is valid for 2 years? Then, permanent residence is applied for a period of 10 years (permanent green card status),

Yes (with another fee to pay!)

and then the removal of conditions to naturalize after those 10 years?

No, you're confused on this. She can keep renewing that 10 year GC until she passes (with fees paid every tine).

If she wishes to Naturalize, she can do it after she is married to you for three years, or after five years if you guys get divorced. Of course there is a fee to Naturalize. Once she has her US Passport, all is finished with USCIS, unless you guys want to petition parents or relatives and of course both yours and her US Passport are only valid for 10 years and then you pay again to get new ones.

At the point of the temporary green card and work authorization, can we also travel outside of the U.S. without reliance on the Advance Parole (AP)?

No, the work authorization has nothing to do with traveling. Either the AP or the GC will allow her to re-enter the US; you can ALWAYS leave at any time, no restrictions to that....it's the re-entering that can be a problem. "

When she gets a US passport, will she then have dual citizenship? If she did want to petition for some relatives, you're saying that she'd have to keep her RUS passport?

So, it's three years after becoming a LPR (after 2 year conditional green card) or only three years after getting married (i.e. theoretically one year after permanent residence)?

What types of fees are associated with the permanent residence and naturalization?

[baron555 934]

When she gets a US passport, will she then have dual citizenship? If she did want to petition for some relatives, you're saying that she'd have to keep her RUS passport?

The US and Russia do not care about any other citizenships or passports, regardless of the oath taken.

The Russian passport has nothing to do with petitioning relatives....it only allows her entry into Russia as a Russian. My wife uses her Russian Passport to enter into Russia and uses her GC to enter the US. Works perfectly.

To petition relatives, you can do it as the USC and it can take about a year. She could do it as a GC holder (also called a LPR) but it would take lots longer. If she became a USC then it's back to about a year.

So, it's three years after becoming a LPR (after 2 year conditional green card) or only three years after getting married (i.e. theoretically one year after permanent residence)?

A LPR is any GC holder, regardless of type. So two years for the conditional GC and then one more year on the 10 year GC, all the while married to you, and she can then begin naturalization. There is no difference in the GCs issued between the two; she is a legal permanent resident for both, the GCs state the same. So three years after issuance of the first GC, she can begin naturalization.

What types of fees are associated with the permanent residence and naturalization?

Go to the Guides, link at top of the page, or to the Download Forms and look at the instructions for these forms and figure it out.

Sri, you did say you didn't have time.

It's total of $590 for the 10 year GC and $680 for naturalization.

Edited January 10, 2012 by baron555

[Scafidi454 22]

Thank you for all of the information so far Phil. I really do appreciate it.

About the dual citizenship though. I know that there isn't a problem for her to get it here, but I don't know how it's done. If she becomes a USC does she lose the Russian citizenship? In Russia, I think that dual citizenship is impossible (from what I've heard).

[baron555 934]

Thank you for all of the information so far Phil. I really do appreciate it.

About the dual citizenship though. I know that there isn't a problem for her to get it here, but I don't know how it's done. If she becomes a USC does she lose the Russian citizenship? In Russia, I think that dual citizenship is impossible (from what I've heard).

No the US doesn't care about other passport you have and Russia is the same. Technically it is not allowed but there is no check and balance; everyone I know maintains both no problem.

[Scafidi454 22]

Also, for her interview, if they want an Affidavit of Support, will I have to fill that out and send it to her along with all of my bank documents? I have all of the documents printed (I do it as they are generated), but I don't want to send these 100 or so pages to her if she won't need them.

[Scafidi454 22]

No the US doesn't care about other passport you have and Russia is the same. Technically it is not allowed but there is no check and balance; everyone I know maintains both no problem.

So, if I want to become a Russian citizen (for employment purposes mostly versus just being a permanent resident), I would still be able to claim US citizenship and rights/benefits?

Edited January 10, 2012 by Scafidi454