3 questions ahead of POE (6059B, SSN and I-864)

[ADRII15 6]

Hi everyone,

I'm flying to the U.S. this Sunday (K-1 visa) and I have three questions I'd like to clear up before I leave. I hope this is the right forum to post them in.

- What did you fill in on Custom Declarations form on board of the airplane? Since I'm not a resident yet I assume I'll have to declare as visitor, and it wants you to list all goods that will remain in the U.S. Which is everything in my case, since they're all personal belongings.. 2 suitcases with clothes, some books and electronics. Do I have to list those out line by line as well (with a value) or is it not necessary for personal belongings? Would like to read how other handled this when they entered the U.S. at POE.

- A few days ago I read in a topic: "get your SSN and then get married".. It's possible to do this in reverse order as well? (I'm male, so no worries about name change). We want to get married 4 days after I get there, but I'll have to wait 10-14 to apply for SSN. Both orders will work, right?

- Form I-864 requires a tax return transcript. I want to file my AOS package by the end of November, so this tax return will be 2013. My fiancé did not make enough that year since she was still in college, but has been working full time since graduating in May, and her income is now far above the poverty guideline. For the I-134 form (K-1 Affidavit of Support), this was no issue at all during the interview, but if I've understood it correctly, the I-864 will be scrutinized more closely. If we attach pay stubs and a letter from her employer to the tax transcript, as well as explaining her situation, will we have enough for AOS approval? Or will we need to wait until we have filed her 2014 taxes next year?

Looking forward to your answer and just want to say thanks to the community for being a fantastic resource during this whole K-1 process...

[landr 126]

1. Declare as a visitor and list your items as "household goods."

Yes, that's fine. Though you may get an SS employee who thinks you magically become a K-3 on marriage (they'd don't) and don't qualify for an SSN. That's why SSN then marriage is still normally advised for guys or either gender when a name change is not involved because it minimises any issues at the SS office. Just make sure you bring all the information listed in the VJ guide, including the web page print out saying that K-1s are allowed to work (with authorisation). Why do you have to wait 7-10 days to apply for the SSN? If your online I-94 is available and includes your latest arrival, just print it off and head to the SS office first thing in the morning.

I've seen some people get RFEs asking for information about assets and/or a joint sponsor because the initial review officer uses the 2013 tax return as the basis for their decision (when the sponsor didn't make enough), even though the pay stubs and employer letter shows that the sponsor makes enough for 2014. You can send the AOS package as you've described and risk the RFE. You might or might not get one depending on who reviews your case. Or you can wait until you've filed her 2014 taxes. Downside to waiting is that you become out of status when your I-94 expires - while the possibility of deportation is slim, it still exists. Once you get the NOA1 for AOS, you enter a period of authorised stay while your application is pending. Plus, if you file your EAD and AP at the same time, the fees are waived for those two applications and you could then work and travel internationally when your EAD/AP combo card arrives, without jeopardising your AOS and while waiting for your green card.

[ADRII15 6]

1. Declare as a visitor and list your items as "household goods."
2. Yes, that's fine. Though you may get an SS employee who thinks you magically become a K-3 on marriage (they'd don't) and don't qualify for an SSN. That's why SSN then marriage is still normally advised for guys or either gender when a name change is not involved because it minimises any issues at the SS office. Just make sure you bring all the information listed in the VJ guide, including the web page print out saying that K-1s are allowed to work (with authorisation). Why do you have to wait 7-10 days to apply for the SSN? If your online I-94 is available and includes your latest arrival, just print it off and head to the SS office first thing in the morning.
3. I've seen some people get RFEs asking for information about assets and/or a joint sponsor because the initial review officer uses the 2013 tax return as the basis for their decision (when the sponsor didn't make enough), even though the pay stubs and employer letter shows that the sponsor makes enough for 2014. You can send the AOS package as you've described and risk the RFE. You might or might not get one depending on who reviews your case. Or you can wait until you've filed her 2014 taxes. Downside to waiting is that you become out of status when your I-94 expires - while the possibility of deportation is slim, it still exists. Once you get the NOA1 for AOS, you enter a period of authorised stay while your application is pending. Plus, if you file your EAD and AP at the same time, the fees are waived for those two applications and you could then work and travel internationally when your EAD/AP combo card arrives, without jeopardising your AOS and while waiting for your green card.

Thank you very much, that's very helpful. The only reason I wanted to wait 7-10 days was because the SSN guide says: "You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS." I read in your POE review you waited 10 days for this as well?

[landr 126]

Yes, that's true. I believe the guide was written when the I-94 was a paper-based system. I waited because I was reliant on my husband to be free to drive me to the SS office.

I know of a few others who managed to get their SSN the very next morning after their POE. If you are too busy preparing for the wedding, then it will have to wait. Otherwise, if you have the time and the SS office is nearby, might as well pop down there. Then that's one more thing checked off. If by any chance they say that a manual verification is required, just say that you'd rather come back the following week - manual verification can take weeks.

As an aside, the SS5 form doesn't ask for your marital status. So you don't even have to say that you are married, which means that you shouldn't need to have the conversation about K-1s (magically) becoming K-3s.

[ADRII15 6]

Yes, that's true. I believe the guide was written when the I-94 was a paper-based system. I waited because I was reliant on my husband to be free to drive me to the SS office.

I know of a few others who managed to get their SSN the very next morning after their POE. If you are too busy preparing for the wedding, then it will have to wait. Otherwise, if you have the time and the SS office is nearby, might as well pop down there. Then that's one more thing checked off. If by any chance they say that a manual verification is required, just say that you'd rather come back the following week - manual verification can take weeks.

As an aside, the SS5 form doesn't ask for your marital status. So you don't even have to say that you are married, which means that you shouldn't need to have the conversation about K-1s (magically) becoming K-3s.

I'll go give it a shot right away then. Like you said, if they can't do it, I can always pull my application and come back a week later. Thank you!

[Darnell 8,478]

I-94s are instant and electronic now, already in SAVE database within 24 hours of POE event.

declare yourself as 'immigrant' not tourist.

re: AOS/I-864 - since the two of you are marrying soon, suggest you wait until filing taxes together in January.

Why?

That's:

1. one full year of tax data 125 percent above the poverty guidelines plus

2. current annual income (2015) above the line as well.

[landr 126]

declare yourself as 'immigrant' not tourist.

Nope, sorry Darnell. Choices are: "resident" or "visitor." There isn't an "immigrant" option. Since BertCO doesn't have US resident status, he has to declare as a visitor.

http://www.cbp.gov/travel/us-citizens/sample-declaration-form

I declared as "visitor" at LAX and had no problems.

[Darnell 8,478]

really? OK - I'm gonna sacrifice a goat this weekend, to atone for my errors.

[m.iftikhar 6]

Yes, that's true. I believe the guide was written when the I-94 was a paper-based system. I waited because I was reliant on my husband to be free to drive me to the SS office.

I know of a few others who managed to get their SSN the very next morning after their POE. If you are too busy preparing for the wedding, then it will have to wait. Otherwise, if you have the time and the SS office is nearby, might as well pop down there. Then that's one more thing checked off. If by any chance they say that a manual verification is required, just say that you'd rather come back the following week - manual verification can take weeks.

As an aside, the SS5 form doesn't ask for your marital status. So you don't even have to say that you are married, which means that you shouldn't need to have the conversation about K-1s (magically) becoming K-3s.

Hallo bert, i am the next one coming to denver aurora with K1 next month from amsterdam, nice to see that you are too in denver.

do i have to carry i-94 with me to show at POE?

Do u know how to change driving licence from Holland in usa?

do i need a return ticket or one way is also oky?

I will highly appericate your reply.