Entry after K-3 and applying for Green Card

[nepats 0]

My wife cleared the interview for K3 visa on Nov 3rd, and got her passport back with the visa stamped on the 23rd. She's expected to arrive in the US no later than the 3rd week of January 2007

The I-130 application is still pending with VSC.

I have three questions:

1) Is there any problem in entering US on K3 when that person has an approved I-130? I know it sounds far-fetched and I think the answer is NO but I just want to put my mind to ease by asking for input from the forum

2) Once here - do we have to wait for her I-130 to be approved before we can apply for AOS (I-485??)?

3) Does she need EAD before applying for SSN? If yes - how long would the whole process take?

Thanks in advance and good luck to e/one

Here's my timeline:

Applied for I-130 on June 26th (NOA-1 states rec'v date June 28th)

Applied for I-129F on July 7th and got approval on August 17th

Packet 3 rec'd at my wife's home on Sept 9th, interview date scheduled for Nov 3rd

Cleared interview on Nov 3rd and was told to expect a passport in ONE week

Rec'd passport w/ K3 visa stamped on Nov 23rd

[Ashleigh-Au 0]

1. Nope she should have no problem entering US

2. I thought so....but after reading something here now I am not sure.

3. Yes....she will need EAD before she can get a SSN....should take about 4 months max from filing....or thereabouts.

Good luck.

Edited December 5, 2006 by Ashleigh-Au

[desert_fox 32]

no, no, and no

[riblet 0]

Yodrak was saying the other day that you do not have to wait for an approved I130 to AOS. So I'm assuming he's right

K3 cannot apply for SSN until he/she has an EAD or has AOS.

[Yodrak 7]

dessert_fox,

Point of clarification: no, no, and yes.

Yodrak

no, no, and no

[riblet 0]

As for timing - EAD seems to average 70 - 90 days, but can take much longer. Then another couple of weeks to get the SSN.

[meauxna 15]

No, no, yes.

[desert_fox 32]

dessert_fox,

Point of clarification: no, no, and yes.

Yodrak

no, no, and no

You mean that a K1 can get a SSN without an EAD but a K3 cant??

Interesting...didnt know that.

fox

[riblet 0]

It's because K1's are employment authorized for the first 90 days, or at least that's my understanding.

[desert_fox 32]

It's because K1's are employment authorized for the first 90 days, or at least that's my understanding.

but they would still need a EAD...and by the time you get it....you are married and need to re-apply.

[riblet 0]

I'm not saying it makes sense, but I think that's the reason for the loophole. My understanding is that K1 holders can't apply for a SSN once they have less than 2 weeks left on their 90 days.

Edited December 6, 2006 by riblet

[CatInTheRain 0]

Is it OK to ruin the unanimous reply if I bear good news?? I think it is possible for your spouse to obtain an SSN without work authorization. There is a type of SS card that is not valid for work purposes, but will let you do all the other things for which you might need an SSN (e.g. apply for a driver's license). Here is the info from the SSA's website:

We issue three types of Social Security cards:

1.The card most people have shows your name and Social Security number and lets you work without restriction. We issue this card to:

*U.S. citizens, or

* people who are lawfully admitted to the U.S. for permanent residence, or who have permission from the Department of Homeland Security (DHS) to work permanently in the U.S.

2. The second type of card bears the legend, "NOT VALID FOR EMPLOYMENT." We issue this card to people who:

*are lawfully admitted to the U.S. but don't have DHS permission to work. You need this card if a federal or state law requires you to have a Social Security number to get a benefit or service; or

*are living in the U.S. and don't have DHS permission to work but, because they're entitled to a federally funded benefit, are required by federal law to have a Social Security number to receive the benefit.

3. The third type of card bears the legend, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." We issue this card to people who have DHS permission to work temporarily in the U.S. Cards issued prior to April 2004 bear the legend, "VALID FOR WORK ONLY WITH INS AUTHORIZATION."

Lots of people who can't work still get SS cards of Type 2 above. After the EAD is approved, it should be possible to change the status of the same SS # from Type 2 to Type 3. I'm not 100% sure there isn't some catch specifically preventing K3's from taking advantage of this. You should check with the SSA.

[meauxna 15]

It's because K1's are employment authorized for the first 90 days, or at least that's my understanding.

but they would still need a EAD...and by the time you get it....you are married and need to re-apply.

Nope. So far, K-1s are still considered employment authorized incident to status' by the SSA.

K-3s aren't.

[nepats 0]

You guys are a great help!!

Thanks a bunch for providing useful info and good luck to everyone

[Yodrak 7]

desert_fox,

Having gotten married is not relevant, being within the authorized period of stay having entered on a K1 visa is.

A K1 needs an EAD to work (if the employer fulfills their responsibility for I-9), they do not need an EAD to get a SS card up until 14 days before their status ends.

Yodrak

It's because K1's are employment authorized for the first 90 days, or at least that's my understanding.

but they would still need a EAD...and by the time you get it....you are married and need to re-apply.

Edited December 6, 2006 by Yodrak