August 2015 K-1 Filers [merged topics]

[SalSterling 10]

My K-1 fiance visa holder now wife has applied for greencard 'AOS' and we got the receipt number via sms and email but waiting for hard copy NOA1.

Please advise if my wife is eligible to get the SSN or not since I need to buy health insurance for her OR is there anyother way to get health insurance while on K-1 to AOS status.

Thank you.

[lueds 6]

SalSterling, Your wife should be able to apply for her SSN immediately. I just took my I-94 and Passport to the Social Security Office 3 days after I arrived and I was granted my SSN.

For the health you don't require your SSN immediately, but the health company will require evidence of lawful presence. Once again we sent in copy of I-94 and passport

[SalSterling 10]

THank you Leuds. Would you please mind sharing the process that you follow in purchasing health insurance. I tried through exchange but somehow it didn't offer insurance to buy instead medicaid (FEMIS in Virginia) but to qualify for femis is another long process. Please reply.

[lueds 6]

We did not qualify for Medicaid, but went through the market exchange and received our insurance through that.

Best thing you can do is call the exchange helpdesk on 1800 318 2596 and explain your situation to them mate.

[SalSterling 10]

Thanks a lot Leuds. I did exactly the same as you have mentioned and called the exchange and the insurance for her which will start from June 1st. she qualify because of 'Life Changing' event such as marriage in last 60 days. Exchange help desk was great. Thanks agian.

[lueds 6]

Thanks a lot Lueds. I did exactly the same as you have mentioned and called the exchange and the insurance for her which will start from June 1st. she qualify because of 'Life Changing' event such as marriage in last 60 days. Exchange help desk was great. Thanks again.

You're welcome, helping each other is why we are here 8-)

[Heather&Kevin 25]

What's 'the exchange'? We need to get medical insurance next.

[lueds 6]

"The exchange" is a site where you can: learn about your health coverage options; compare plans based on costs, benefits, and other important features; choose a plan; and enroll in coverage.

www.healthcare.gov

[Heather&Kevin 25]

"The exchange" is a site where you can: learn about your health coverage options; compare plans based on costs, benefits, and other important features; choose a plan; and enroll in coverage.

www.healthcare.gov

Thanks very much indeed!

[SalSterling 10]

My fiance's K-1 has expired on May 15th. and her AOS is in process. We didn't apply for Advance Parole since AP gets approvals only if the K-1 visa is valid and once can only travel on AP within the K1 visa validity. After knowing all of these facts I was just curious what would be the situation is in an emergency my fiance has to leave while AOS in process and K1 has expired.

Shall we send an I-130 on top of AOS or it will be a new I-130 petition (spouse of us citizen) and go through whole nine yard.

I am asking this question since there a possibility that she has to go. Any advise will help.

[lueds 6]

Sal, if it was me I would apply for AP anyhow. I applied for my AP at the same time I applied for EAD and AOS.

I am not sure, but check the guides here in VJ to confirm, but apply on top of AOS, since your wife may need it anyway. If she was to leave without an approved AP, there is an extremely high chance she will not be allowed reentry into the USA and then you would have to start the process all over again, under the spousal visa... Get the ball rolling ASAP. Use the K1 guide for completing the AP.

VJ has the following recommendation regarding AP, hope this helps:

" As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). "

[p-ana 933]

My fiance's K-1 has expired on May 15th. and her AOS is in process. We didn't apply for Advance Parole since AP gets approvals only if the K-1 visa is valid and once can only travel on AP within the K1 visa validity. After knowing all of these facts I was just curious what would be the situation is in an emergency my fiance has to leave while AOS in process and K1 has expired.

Shall we send an I-130 on top of AOS or it will be a new I-130 petition (spouse of us citizen) and go through whole nine yard.

I am asking this question since there a possibility that she has to go. Any advise will help.

The k1 is invalid the moment the person enters the US. Then the 90 day count starts for them to fulfill the visa requirement, that is, getting married to the petitioner.

If you got married within the 90 day period, there is no need to send a i130 petition.

You can send the AP form (i131) with the aos (i485) and the fee will be waived. Once granted, it is valid for 1 year, if the green card comes before the date of validity, the AP is no longer necessary, if not, you can ask for an extension (free). The AP can be used for regular trips out of the US, also for emergency reasons. In case you opt out filing AP and an emergency arises, you can always go to the nearest field office with supporting documents and request an emergency AP, that costs around $400 if I'm not mistaken and its granted the same day.

[SalSterling 10]

Thanks a lot both of you p-ana, and lueds,

I will send AP first thing on Tuesday morning.

[p-ana 933]

Thanks a lot both of you p-ana, and lueds,

I will send AP first thing on Tuesday morning.

Don't forget to attach a copy of your i485 acceptance notice with the i131 packet so your fee can be waived. Good luck!!

[TL2016 208]

Interview scheduled for mid July . About time they finally unlocked the July appointments online.

Edited June 1, 2016 by TL2016