Getting marriage certificate after K-1 visa and EAD card

[swadesh2013 0]

Do we need to get married in the same state that is the 'port of entry'? And which state do they give marriage certificate quickly. I also found out there is Marriage 'license' and 'Marriage Certirficate'. These are two things. We first need to get the license.

Could you anyone tell me how they proceeded? And also how long does it take to get the EAD once the fiance enters the United States? My fiance already has a US SSN number as he was here in 2011. Would this make it quicker?

Thanks

[mariepear 12]

You don't need to get married in the state of his POE. You go get the marriage licence first (usually at least 3 days before your wedding) and after you are married you will get the marriage certificate (we got ours immediately after the ceremony).

SSN is not going to help you to get the EAD any sooner... As soon as you are married try to get your AOS package together and send it out. It takes about 3 months to get the EAD card.

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry is about AOS phase of process, past K-1~

[baron555 934]

Do we need to get married in the same state that is the 'port of entry'?

No, anywhere you want, within the 50 US states.

And which state do they give marriage certificate quickly. I also found out there is Marriage 'license' and 'Marriage Certirficate'.

You first obtain a Marriage License, which is issued by the county and allows you to get married. Usually you can get this within a week. Then you get married and the county issues you the Marriage Certificate, whcih is the official stamped proof of being married.

These are two things. We first need to get the license.

Could you anyone tell me how they proceeded?

Visit the county clerk's office of the county in which yiou wish to be married.

And also how long does it take to get the EAD once the fiance enters the United States?

About 3 months.....after you get married and after you file for AOS.

My fiance already has a US SSN number as he was here in 2011. Would this make it quicker?

No

Thanks

[swadesh2013 0]

So, EAD and greencard both take up to 3 months? That means he cant work till 3 months?

So, EAD and greencard both take up to 3 months? That means he cant work till 3 months?

[mariepear 12]

So, EAD and greencard both take up to 3 months? That means he cant work till 3 months?

So, EAD and greencard both take up to 3 months? That means he cant work till 3 months?

No, EAD takes about 3 months Green Card takes about 8 months....It can be longer or shorter..

He can't work untill he gets his EAD card.

[swadesh2013 0]

Wooo..Thats scary. I heard that greencard takes 3 months.

It already took us 10 months to get our VISA. He is still not here. His interview is on Oct 31st. He may come by Nov 15th. The whole process is really frustrating for us!

Didnt expect it would take so long.

[mariepear 12]

I know it's frustrating. We all went through it.... Just get married ASAP and apply for AOS ASAP. Have the AOS package ready so you can minimaze your delays...

[swadesh2013 0]

hey, I just found that there are two types of EAD's. Your fiance can get a temporary EAD which is only valid for 90 days. They can get a job with this and tell the employer that it will expire soon. But they can work with this though.

They should take their SSN card and go the nearest USCIS office and fill out an EAD application.

Found this:

"1.As soon as he arrives go to Social security office and get his social security number..(It may take a few days verify his legal entry into the US).

Then, immediately get an appointment using INFOPASS on the USCIS website and go to the local USCIS office where you will complete an EAD application and be awarded one on the spot - but it will be set to expire on the date the I-94 (90 days) exprires and there is no fee for this short term EAD...THATS the EAD that can't be extended or renewed. That initial EAD and social security number will be sufficent for employment. Do these things before you get married or it could cause a delay in getting the EAD.

Then get married and file the I-485 (Not and I-130) which is for adjustment of status, and with that file a new EAD application. There WILL inevitably be a period when he does not have a valid EAD but you can use, as we did, the EAD application receipt to show the employer (if he asks) that the new EAD is coming. If you don't get the new EAD within 90 days of filing for it, you can again make another INFOPASS appointment and go to the USCIS office where will be given an EAD on the spot (almost).

The employer can do nothing to expedite this process but if you do everything the way described above, the employer should have not reason to interrupt employment. - See more at: http://www.**.com/forum/showthread.php/24671-inquiry-about-EAD-for-K1-visa-holder#sthash.E89578Az.dpuf"

[KayDeeCee 4,893]

You do not get an EAD on the spot at an Infopass appointment. You must file the I-765 in order to obtain the EAD. If you file that form before you file for AOS, then it will cost you $380 and expire when the I-94 does. It takes about the same time to receive the EAD as the I-94 is good for, so it is a waste of money. He would not have much time to work with that EAD. When the EAD expires, he must stop working, The fee for the I-765(and I-131) is waived when filed with a pending I-485 and that EAD is good for a year and can be renewed for free if need be. If you want to e-file the form and pay the $380 anyway under category (a )(6 ) instead of waiving the fee and applying under cat (c )(9 ) by mail with the I-485, then you can, but I do not recommend it > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

If he needed to work as soon as he arrived in the US, then you should have gotten married and gone for a spousal visa instead. If he entered with a CR-1, he would already have permanent resident status and be able to work as soon as he had an SSN. With a K-1, there is a gap of time where you cannot work while waiting for the EAD or green card after filing for AOS.

[greenacres35 0]

Everything that Jay-Kay just said is true.

US immigration matters just take time to process.

To minimize the amount of time that a k1 visa holder is unemployed after they enter into the US you need to make sure that everything with your marriage plans are well thought through and setup to happen quickly after entry into the US.

After you get married you need the marriage certificate in the AoS package to start the process for the green card.

Filling the Application for an EAD is included in the cost of the AoS package so you should just do that.

One thing that could help move things along more quickly is if you do have an offer letter from an employer than i would include that with the EAD application along with a note saying that you need to start working as soon as possible.

I have heard of EAD applications being processed sooner than 3 months if there is a real need too.

[swadesh2013 0]

Hello,

Do we need to get a 'certified' copy of the marriage certificate? Or just a copy of the marriage certificate? Does anyone know?

Thanks

[KayDeeCee 4,893]

The copy of your marriage certificate that you receive from the court is a certified copy, and what you need.