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Filed: K-1 Visa Country: Guyana
Timeline
Posted

My fiance and I were married on Feb 14th 2016; we immediately sent in the paperwork for the AOS; her K1 Visa in the passport says that it expires Feb 22nd 2016. I remember reading somewhere, a while ago, that we should wait to have her get her social security card/number for the system to recognize her as Mrs. X instead of Ms. Y.

We waited until last week to attempt to get her the SSC, brought all of her documentation and the marriage certificate and the letters from INS saying the AOS is in the works, and after the hour+ wait we were called up and the gentleman told us she cannot get a SSC because the K1 date (Feb 22) has passed. He said now we have to wait until she gets her Green Card.

Is this correct? If not, what can we do to resolve this so she can begin working? I told the gentleman that even their own site says she can get one and he said no not until she gets the GC.

-Thank You

Posted

You will have to wait until she gets her EAD. She can't work until she gets her EAD anyway, so it's no time lost. You did apply for it, yes?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Guyana
Timeline
Posted (edited)

You will have to wait until she gets her EAD. She can't work until she gets her EAD anyway, so it's no time lost. You did apply for it, yes?

Yes we applied for that with the AOS paperwork; but to my understanding of the social security website, K1's are under the "Visa Classifications That Allow You To Work In The United States"

Edited by Rich&Ashmani
Filed: AOS (apr) Country: Jamaica
Timeline
Posted

Maybe this will help: http://www.visajourney.com/content/k1k3ead

1. Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows) 2. At the same time as filing for AOS. As a K-1 holder filing for Adjustment of Status (AOS) you are eligible to file for an EAD at the same time. Your EAD packet can be filing along with your AOS packet and mailed together. You will file as category ©(9), "adjustment applicant". (Where to file: mail only - with AOS packet)

Should file for a SSN immediately upon entry.

Posted (edited)

I got my SS card by showing my passport and K1 VISA, the Visa and therefore the I-94 have to be valid to get the SS card and both run out at the end of the 90 days.

Also my SS card had an endorsement through the middle stating ' not allowed to work without DHS authorization' but at least i got a SS card

A K1 visa holder is not allowed to work without EAD or Green Card.

Edited by redstripe54
Filed: Citizen (apr) Country: Hungary
Timeline
Posted

Just to clarify: even if you applied for & received her SSN before the 90 days were up, she would not have been allowed to work anyway. (Until she receives her EAD, that is.)

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: K-1 Visa Country: Guyana
Timeline
Posted

Just to clarify: even if you applied for & received her SSN before the 90 days were up, she would not have been allowed to work anyway. (Until she receives her EAD, that is.)

Oh ok so that doesn't sound all that bad anyway! I did not realize that, so that brings up my spirits a bit.

You never know with this system, I just got AOS approved after 6 weeks, no interview, I thought it would take 6-12 months :dancing:

Wow that would be awesome! I am hoping it does not take too long as there is a job already lined up for her waiting for her EAD

Posted

Yes I wasn't expecting that out of the blue, mind you for my K1 I waited in the backlog of Texas last year for 183 days, whilst those that went through the California centre took 12-14 days, so you just cant tell really, my AOS approval took 20 days after my biometrics appointment. it was unbelievable!

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

If she has a job offer already, you may be able to expedite the EAD. Check out this thread:

http://www.visajourney.com/forums/topic/517032-sharing-on-how-to-expedite-ead-based-on-job-offer/

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: AOS (pnd) Country: Netherlands
Timeline
Posted (edited)

Yes I wasn't expecting that out of the blue, mind you for my K1 I waited in the backlog of Texas last year for 183 days, whilst those that went through the California centre took 12-14 days, so you just cant tell really, my AOS approval took 20 days after my biometrics appointment. it was unbelievable!

I had it worse... i got really close to a year before approval.... tho 1 month was our own fault, we had an rfe

Hoping my aos gets quick but im so scared with this negative experience

Edited by SanneW

Met around 2011/2012 in a game (league of legends) super random, best friends ever since... grew closer as friends and desided in 2013 to try dating, flew over and we had a click =)

Proposed in Oktober 2014

12/2014 - File K1

12/2015 - Receive K1 (texas backlog drama, took a year!)

12/26/15 - P.O.E. Boston

01/20/16 - Marriage =)

(Day 000) 03/10/16 - Filed AOS (with EAD and AP)

(Day 001) 03/14/16 - Received EAD+AP

(Day 004) 03/18/16 - Received AOS

(Day 005) 03/19/16 - NOA1 SMS & Email x3

(Day 009) 03/23/16 - NOA1 Hardcopy x3

(Day 016) 03/30/16 - Biometrics letter received

(Day 030) 04/13/16 - Biometrics done (very quiet in Providence (RI) just one other family and me)

(Day 051) 05/04/16 - Approval EAD & AP

(Day 055) 05/08/16 - NOA2 EAD & AP in the mail and online changed to approved

(Day 063) 05/16/16 - Approval AOS

(Day 065) 05/18/16 - Called tier 2 officer to ask where my AOS is at (RFE, Waiver, Interview etc, what to expect) got as answer it's approved...

(Day 067) 05/20/16 - NOA2 AOS Hardcopy and online status change

(Day 086) 06/08/16 - EAD Mailed to me

(Day 088) 06/10/16 - GC Mailed to me

(Day 089) 06/11/16 - EAD & AP combocard received (It still came eventho it's useless since AOS approval)

(Day 091) 06/13/16 - Greencard received

Posted

Well SanneW, you never know with this system, like I keep saying, my approval came out of the blue ( and I was expecting an RFE because I had to say yes to questions on being in the military, using weapons etc)

So hang in there you never know, I hope you get a speedy result for the AOS

Filed: K-1 Visa Country: Morocco
Timeline
Posted

Yes we applied for that with the AOS paperwork; but to my understanding of the social security website, K1's are under the "Visa Classifications That Allow You To Work In The United States"

yeah you can work on a K1 while you are adjusting your status and you have your EAD. You cannot work unless you have that paper. In fact the SS card will say something like and i am paraphrasing can only work with papers from immigration. Not exact words but the SS will pretty much say you can't work right away...because once you have your papers you can get that removed from the card.

Posted

"Valid for work only with DHS authorization".

Said authorisation being either an EAD or green card.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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