Think it's all over when you're visa arrives???

[meauxna 15]

I think that we get told a lot of misinformation by the goverment and it just adds to the confusion. The OP just told me that USCIS told him about not being legal to work after getting married and we are dealing with the social security office who keeps telling us something different each time we call. As of now they say immigration kept denying our social app so they said that they have to override the system and to wait 2 more weeks(it's been 6 weeks). What a mess!

rats, I lost my earlier reply to you on this.

The upshot is, it has been demonstrated time and again that one can not rely on information given to them by anyone at USCIS or their contractors. That is what discussion groups are for.

As for SSA, I can't tell what has happened with your application, but there are some common glitches:

-You've applied for your SS#, they've looked you up in SAVE and they can't verify your immigration status. They do now have a more expedited process for hurrying things up; you could search for posts from mdyoung under the nick "I Quit' for help. You should be calling your SSA office weekly if this is your issue--they should be checking SAVE for you daily if necessary.

-You got married and are trying to apply for your SSA account in a name other than the one USCIS knows you by. You must apply for/accept your SS card in the name that matches your CIS documents until you get a new CIS docuemnt with the new name (EAD or Green Card usually).

I had another one, but ...

[Milenka 0]

I wish this guy hadn't posted this kind of information. First of all this, I am just in the first stages of my visa, but I know that this site is the best thing I could have found! As many ppl have said, the rules are not easy to follow by themselves, but I think he is misleading everyone by saying that it is worthless to try and get a stamp at the POE. I guess he also hasn't read some of the nightmare stories that people have had with immigration lawyers. A lawyer is necessary MAYBE if you have a complicated situation but really... As I understand it from the flowchart on this site. The stamp is valid for 90 days, as long as the visa, a k-1 visa can be used just once, but just because you get married that wouldn't make the stamp invalid...Like other people have mentioned this is a grey area, but I wouldn't go around telling people it's worthless to try and get this stamp. As people have mentioned in other topics, this process is expensive, nothing can be for free, but it's worth it, whatever it takes, as far as I'm concerned. Almost everything he wrote is misleading, and not based on facts, as far as I can tell. We haven't been through AOS yet, but we plan on doing everything as soon as possible after arrival, just to lessen the waiting time...

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

Wow, pretty harsh, except that both of my parents are immigrants, so I know what it's like to go through this...I was just giving my opinion like everyone else. I came upon this topic trying to learn and understand the current situation, rules, etc, and was looking for GOOD information, to be prepared when the time comes. Like many ppl said you can't just expect the govt to tell you everything, this is why we have these groups. Calm down, you did make this post, so you wanted people to comment. Good luck with your process, I really hope you get approved soon.

Edited March 22, 2007 by Milenka

[heishe 2]

I think that we get told a lot of misinformation by the goverment and it just adds to the confusion. The OP just told me that USCIS told him about not being legal to work after getting married and we are dealing with the social security office who keeps telling us something different each time we call. As of now they say immigration kept denying our social app so they said that they have to override the system and to wait 2 more weeks(it's been 6 weeks). What a mess!

rats, I lost my earlier reply to you on this.

The upshot is, it has been demonstrated time and again that one can not rely on information given to them by anyone at USCIS or their contractors. That is what discussion groups are for.

As for SSA, I can't tell what has happened with your application, but there are some common glitches:

-You've applied for your SS#, they've looked you up in SAVE and they can't verify your immigration status. They do now have a more expedited process for hurrying things up; you could search for posts from mdyoung under the nick "I Quit' for help. You should be calling your SSA office weekly if this is your issue--they should be checking SAVE for you daily if necessary.

-You got married and are trying to apply for your SSA account in a name other than the one USCIS knows you by. You must apply for/accept your SS card in the name that matches your CIS documents until you get a new CIS docuemnt with the new name (EAD or Green Card usually).

I had another one, but ...

I'm a little worried about the name bit. My fiance is in the immigration system as Firstname Middle Secondmiddle Lastname (I think the two middle names are stored as one string probably) and his two middle names didn't fit in the SSA computer system, so he's there as Firstname M Lastname.

The first incompetent person who entered his application (after another incompetent person turned us away and we had to print out a section of their own manual that says K1 can get SSN and etc etc.) entered it as Firstname Middle S Lastname (complete first middle name, initial for second), so the next day he went back, had that application voided, and applied with just one middle initial. Anyway, probably agonizing over nothing, but man, after the incompetence we got at SSA I'm not taking anything for granted anymore. And they say he's still pending approval from homeland security.

[maya62 7]

Well, I'm chiming in because the temp EAD from JFK is taking a hit and I thought I'd offer an alternative viewpoint.

At the time we were at the stage of deciding whether or not to come in through JFK, there were quite a few posts here on VJ about how the non-USC was going CRAZY sitting at home, waiting for a one-year EAD. I thought this was a risk in our case because we live in the country and without a driver's license and somewhere to go, I was concerned my husband would feel very isolated. So we went through JFK and he got the temp EAD. I had arranged a possible job for him with someone I know who was willing to give him a shot, even with the understanding that he would stop working after 90 days and start again only after receiving the one-year EAD.

I am totally convinced that the temp EAD was the right choice for him/us.

So I just wanted to say that the temp EAD is worthwhile, imho, for some people. If keeping your partner from going stir-crazy or feeling isolated sitting at home is a priority, and JFK isn't too far out of your way, and you have a certain job in mind or feel the non-USC is immediately employable at a place that can offer some flexibility, then go for it!

$.02

Maya

[rebeccajo 14]

Well, I'm chiming in because the temp EAD from JFK is taking a hit and I thought I'd offer an alternative viewpoint.

At the time we were at the stage of deciding whether or not to come in through JFK, there were quite a few posts here on VJ about how the non-USC was going CRAZY sitting at home, waiting for a one-year EAD. I thought this was a risk in our case because we live in the country and without a driver's license and somewhere to go, I was concerned my husband would feel very isolated. So we went through JFK and he got the temp EAD. I had arranged a possible job for him with someone I know who was willing to give him a shot, even with the understanding that he would stop working after 90 days and start again only after receiving the one-year EAD.

I am totally convinced that the temp EAD was the right choice for him/us.

So I just wanted to say that the temp EAD is worthwhile, imho, for some people. If keeping your partner from going stir-crazy or feeling isolated sitting at home is a priority, and JFK isn't too far out of your way, and you have a certain job in mind or feel the non-USC is immediately employable at a place that can offer some flexibility, then go for it!

$.02

Maya

Perfect.

Maya, you and your hubby used the temp EAD in a really smart way. The situation and reasons you explained are right on the money. I agree with you that the temp EAD can be a great help in the transition to life in America.

[notrepetiteashley 0]

Well, I sure am glad we got all of that cleared up!

Cindy Brady avatar!!! Cool!

I always thought it was the oldest grandma from the Golden Girls. LMAO!

(sorry, off topic, hehe)

[Yodrak 7]

bbale,

Had you been correctly informed at the time of your improper experiences you could likely have corrected the situations. Having been through this myself, I know that some of what happened to you is wrong. Rather than reporting your experiences as what is correct, you should be reporting your experiences as a warning to others of what can go wrong when one encounters mis-informed SSA and USCIS people.

What's happening in this thread is to let others know that what you experienced is wrong so that they can correct the situations, should they encounter them, and not have to suffer adverse consequences as you did.

Yodrak

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

[Queen Jenn 0]

Boy, all this makes me really glad that I have access to a good immigration attorney (because I work for other attorneys). I don't think I could deal with this without professional help. It's just too much for my already stressed out brain

[meauxna 15]

And they say he's still pending approval from homeland security.

Looking at your timeline, he has not yet been in the US for one month; you are well inside of 'normal'.

He is not pending 'approval' from CIS, SSA is waiting for them to verify his immigration status from his entry documents. Unfortunately, there is no way to control this--some batches are entered quickly, others not so much. SSA can and should be folloing up on this daily, and you should be calling/visiting every week until you get the card.

[Hawk&UK 0]

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! He didn't understand what was happening but didn't want to argue with them. He handed them the sealed envelope from the Embassy and they processed him and gave him the I-94 in his visa. When he asked about the work permit, they told him they don't give them. He was quite upset. So he just decided to get it sorted when he got to JFK. When he got to JFK they said they would have issued the permit but since he was already processed and didnt have the envelope from the Embassy anymore, they couldnt issue it.

What I need to know is: Can we submit the I-765 now? The lawyer we went thru, (who has been wonderful every step of the way) said that this must be done after the AOS is filed, which is after we are married. Phill wanted to be able to work and contribute to the cost of the wedding, among other things. I was confused by the lawyer's response because the instructions for the I-765 form say that someone with a K-1 is eligble to apply. Which is true? Can we apply now or do we need to just get married? I would like to be able to get this form sent in if it isnt a waste of time. I know there are many things that you have to put up with, but it just seems strange that a person who is getting married may not be able to work to earn money to contribute to the wedding. It greatly affects what type of wedding you can have.

Any information would be greatly apprieciated or just point me in the right direction for answers......

Thanks!

Lisa and Phill

[~Chad~ 0]

Have you tried reading the AOS column? That's probably your best bet for the info you are seeking.

[*JG* 2]

Firstly hats off to visa journey for being an invaluable source of information to those (like us) who weren’t smart enough to appoint an immigration attorney.

Secondly enjoy your sigh of relief when your visa arrives as it will be a short-lived respite from the joys of dealing with the exceedingly knowledgeable (sorry what year is it again) chaps at USCIS

I guess the first thing to mention is do not bother doing what I did and flying a 3 hop (terribly expensive) journey to the mid west just so I could go via JFK in hope of getting I94 stamped work authorized for 90 days.

I did easily get a work stamp by the way which lasted until I invalidated it 6 days later.

Here’s what they don’t tell you.

You can’t apply for a work permit (1 year) until at the same time (or after) as you apply for adjustment of status.

You cant apply for adjustment of status until after you are married (obvious)

What they don’t tell you however is that as soon as you get married you nullify your visa and any temporary work authorization you might have.

There will therefore be a 1 to 3 month period (depending on processing times for status adjustment) when you don’t have any work authorization irrespective of whether you obtain a temporary work visa.

Also worthy of noting is that when you arrive apply for a social security number before you get married. Some states allow marriage without an SSN however you cant get an SSN after marriage without going via USCIS

Yes it is advisable to wait for two after arrival to ensure you appear on the “save” database however you cannot apply for a social security number after marrying unless your status has been adjusted.

Hence in short follow this time line

1. Don’t bother going via JFK to get work permit

2. Wait 2 weeks after arrival

3. Apply for social security number (this takes about two weeks) via local social security office. Go to their website www.socialsecurity.gov to download the form for New Social Security Card

4. Marry (If you haven’t already just gone home)

5. Send file of forms to USCIS being

a. I765 Employment Authorization ($180 for this baby)

b. I485 Adjust Status to LPR ($325 thank you very much)

c. G325a Biometric Services ($70 that’s for taking your fingerprints again even though they reside on immigration computer already)

d. I864 Affidavit of Support ($0 yes really, although you may recognize this as being almost identical to I134 Affidavit of Support) Still needs to be filled out again though in new format

e. Photocopy of Visa from Passport

f. Photocopy of I94 (arrival/departure card)

g. 4 x color photographs 2 each for 765 & 485

h. Copy of birth certificate

i. Separate Checks for processing fee’s is advisable so $180 for 765 & $395 for 485 & 325a

j. Medical Info (see below)

k. Copy of Wedding Certificate

6. Send package to address on I485 assuming you send all forms in one go

Form 485 clearly states that as a K1 you do not need a full medical only proof of vaccinations

This needs to be on a specific form of course only available from USCIS doctors (list on website) and of course every doctor I spoke to would not transfer Vaccination info from form they use at London medical onto correct sheet without of course you undergoing another full medical.

If you shop around you can get some doctors willing to transfer the data from your UK records although if not expect another $150 fee

I phoned a dozen and eventually found an emrgicare willing to do it for $36 while I waited

Don’t bother getting the vaccinations done at the London medical center as their paperwork doesn’t have any effect here either.

Sorry to be the bearer of ill tidings however fore warned is fore armed

Almost exactly what we experienced.

[athena_ny 1]

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! He didn't understand what was happening but didn't want to argue with them. He handed them the sealed envelope from the Embassy and they processed him and gave him the I-94 in his visa. When he asked about the work permit, they told him they don't give them. He was quite upset. So he just decided to get it sorted when he got to JFK. When he got to JFK they said they would have issued the permit but since he was already processed and didnt have the envelope from the Embassy anymore, they couldnt issue it.

What I need to know is: Can we submit the I-765 now? The lawyer we went thru, (who has been wonderful every step of the way) said that this must be done after the AOS is filed, which is after we are married. Phill wanted to be able to work and contribute to the cost of the wedding, among other things. I was confused by the lawyer's response because the instructions for the I-765 form say that someone with a K-1 is eligble to apply. Which is true? Can we apply now or do we need to just get married? I would like to be able to get this form sent in if it isnt a waste of time. I know there are many things that you have to put up with, but it just seems strange that a person who is getting married may not be able to work to earn money to contribute to the wedding. It greatly affects what type of wedding you can have.

Any information would be greatly apprieciated or just point me in the right direction for answers......

Thanks!

Lisa and Phill

You can apply, but the K1 visa is only good for 90 days so it would probably be invalid by the time you got it (if your I-94 is expired and you haven't filed for AOS)

Otherwise you have to file with AOS to have a basis to get the EAD with. Just being married isn't enough...

[TracyTN 237]

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! He didn't understand what was happening but didn't want to argue with them. He handed them the sealed envelope from the Embassy and they processed him and gave him the I-94 in his visa. When he asked about the work permit, they told him they don't give them. He was quite upset. So he just decided to get it sorted when he got to JFK. When he got to JFK they said they would have issued the permit but since he was already processed and didnt have the envelope from the Embassy anymore, they couldnt issue it.

To clarify, you went through IMMIGRATION at Shannon, not customs.

[Yodrak 7]

Lisa and Phil,

That was immigration he went through at Shannon, not customs.

He submitted his customs declaration, answered questions about what he was bringing into the USA, and perhaps had his baggage looked into at JFK?

Yodrak

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! ....

Lisa and Phill