Finace's status after entering US on K-1 but before marriage (Clarification)

[forgetmypen 2]

I apologize, I am know there is a good Step-by-Step guide here regarding what happens after K-1 entry but I want to clarify this because it will affect when my fiance and I decide to get married.

Our I-129F was recently approved. If things work out my fiance should be here sometime in November. I am trying to figure out what her visa status will be once she actually goes through immigration at the airport but before we get married. Will she be on a K-1 visa? I was under the impression that the K-1 was more of a one-time use visa and that it is processed at the airport when she arrives but maybe I just misunderstood things.

The reason I ask is because she is planning on attending an ESL program at a local community college in Janurary (re: 1.5-2 months after arriving) and I need to figure out if they will allow her to enroll under her pre-marriage/AOS status. We wanted to wait until Christmas and get married in my hometown if possible but I know that will slow things down in regards to starting the AOS and depending on what I find out we may have to go solo and do things at the local city hall shortly after she arrives.

tl;dr - Does anyone know the official status of someone who comes on a K-1 visa after they go through their initial immigration process at the airport but before they get married. I need to know what to tell the admissions office at the university when I call to ask if she can enroll.

Thanks!

[baron555 934]

I apologize, I am know there is a good Step-by-Step guide here regarding what happens after K-1 entry but I want to clarify this because it will affect when my fiance and I decide to get married.

Our I-129F was recently approved. If things work out my fiance should be here sometime in November. I am trying to figure out what her visa status will be once she actually goes through immigration at the airport but before we get married. Will she be on a K-1 visa? I was under the impression that the K-1 was more of a one-time use visa and that it is processed at the airport when she arrives but maybe I just misunderstood things.

The reason I ask is because she is planning on attending an ESL program at a local community college in Janurary (re: 1.5-2 months after arriving) and I need to figure out if they will allow her to enroll under her pre-marriage/AOS status. We wanted to wait until Christmas and get married in my hometown if possible but I know that will slow things down in regards to starting the AOS and depending on what I find out we may have to go solo and do things at the local city hall shortly after she arrives.

tl;dr - Does anyone know the official status of someone who comes on a K-1 visa after they go through their initial immigration process at the airport but before they get married. I need to know what to tell the admissions office at the university when I call to ask if she can enroll.

Thanks!

The K-1 visa is invalidated at POE and replaced with a I-94 visa that is valid for 90 days.

You must marry within that 90 day period or risk being illegally here and your status would be illegal.

If you marry within that period your official status is No Status.....not legal yet but also not illegal. You would be No Status until you receive the GC, then you'd be a legally permanent resident.

[kehills 217]

It's going to depend on the community college. Some will accept, some won't. ...And a fast November wedding is probably pushing it for receiving a combo EAD/AP card in time for classes to start, if they require her to have that before she can enroll.

[forgetmypen 2]

The K-1 visa is invalidated at POE and replaced with a I-94 visa that is valid for 90 days.

You must marry within that 90 day period or risk being illegally here and your status would be illegal.

If you marry within that period your official status is No Status.....not legal yet but also not illegal. You would be No Status until you receive the GC, then you'd be a legally permanent resident.

Thank you for your succinct answer.

My second question then - while on the I-94 can apply for a Social Security number right? That is, she can get a SS# before we get married.

[PerditaD 35]

Yes. she can apply for a SSN right away but she has to apply for it in her maiden name and later (after getting married and getting her EAD/green card) go to SSA to change the name on her card, in case she decides to take yours.

Thank you for your succinct answer.

My second question then - while on the I-94 can apply for a Social Security number right? That is, she can get a SS# before we get married.

[KayDeeCee 4,896]

The I-94 is not a visa. It is the arrival/departure form/record that is provided by the CBP upon entry. https://help.cbp.gov/app/answers/detail/a_id/880/~/definition-of-an-i-94

She will be a K-1 visa entrant and given 90 days legal status in the US. You need to marry within those 90 days. When you file for AOS, you will then be in a new period of authorized stay as an adjustment applicant until the green card is approved

Print out your I-94 info > https://i94.cbp.dhs.gov/I94/request.html

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

Oh, and here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS/after entry with K-1 ~

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[baron555 934]

She will be a K-1 visa entrant and given 90 days legal status in the US.

Correct but just to clarify since the OP asked this direct question, They are not given any document that says THIS IS YOUR STATUS; it's just inferred based on the K-1 visa usage and the I-94 form.

You need to marry within those 90 days. When you file for AOS, you will then be in a new period of authorized stay as an adjustment applicant until the green card is approved

Correct again but again, there is no official status that is conveyed. Your copy of the AOS filing is your unofficial documentation allowing you to stay.....you are NO STATUS status.

SSNs are not a requirement to get married but it is suggested to apply for one about two to three weeks after entry. If you wait too long, the SSA won't give you one if you are near the end of the I-94 expiration.

Edited September 16, 2014 by baron555

[forgetmypen 2]

Thank you everyone for your very thorough answers. I have asked the College and it looks like they will allow her to enroll under the I-94 status (in reality all they want is our money).

I am glad I asked though, I have a much better idea of what her status will be in the coming months.

What's more it looks like we can hold off on getting married until we visit my hometown for Christmas

Thanks again!

[Umka36 781]

My wife went to ESL classes prior to our marriage/AOS, and the fee was minimal at the community college she attended (free for level one and $25/quarter after that).

[Stevephoto 230]

There are many areas that have adult schools tied to local high schools. Some of these have ESL classes. Joan arrived in Hawaii on a Thursday and was in class the following Monday. No problems at all.