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

[Alex+R 0]

Dear OP,

Most of us were smart enough not to get a lawyer. But you have shown you have no ability to interpret the rules on your own, so you really should have retained a lawyer. Best of luck, but please stop posting incorrect information.

[Yodrak 7]

Alex+R,

I beg your pardon? I think it would be more accurate to say that most of us were lucky enough to get by without a lawyer, because for most of us the process is not so complex and difficult as we make it out to be.

And some of us did consult with a lawyer to be sure that we weren't overlooking anything that could add complexity and create potential problems.

Yodrak

Dear OP,

Most of us were smart enough not to get a lawyer. But you have shown you have no ability to interpret the rules on your own, so you really should have retained a lawyer. Best of luck, but please stop posting incorrect information.

[Alex+R 0]

Alex+R,

I beg your pardon? I think it would be more accurate to say that most of us were lucky enough to get by without a lawyer, because for most of us the process is not so complex and difficult as we make it out to be.

And some of us did consult with a lawyer to be sure that we weren't overlooking anything that could add complexity and create potential problems.

Yodrak

Dear OP,

Most of us were smart enough not to get a lawyer. But you have shown you have no ability to interpret the rules on your own, so you really should have retained a lawyer. Best of luck, but please stop posting incorrect information.

Hehehehe I knew when I posted that I would get exactly this response, and most likely from you since you're around tonight. Not sure why I didn't go back and edit. I just meant most of us were smart enough (and lucky enough) to know when we needed one and when we didn't and I didn't take kindly to the general insults of the OP.

[Yodrak 7]

Alex,

Don't mind me - I'm in a mood tonight.

Yodrak

Hehehehe I knew when I posted that I would get exactly this response, and most likely from you since you're around tonight. Not sure why I didn't go back and edit. I just meant most of us were smart enough (and lucky enough) to know when we needed one and when we didn't and I didn't take kindly to the general insults of the OP.

Edited March 22, 2007 by Yodrak

[reach449 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

I wish I right now I was processing the AOS instead of the K-1............

reach449

[Jenn! 918]

I just meant most of us were smart enough (and lucky enough) to know when we needed one and when we didn't and I didn't take kindly to the general insults of the OP.

I missed the insults.

What's going on? I'm so confused.

ETA: Oh, now I see the "smart" thing. Missed it in the OP and I've been wondering what everyone was on about

Edited March 22, 2007 by jenn3539

[meauxna 15]

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

Cindy Brady avatar!!! Cool!

[Jenn! 918]

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

Cindy Brady avatar!!! Cool!

[trey 0]

For some unknown reason, I just felt like I wasted my time reading.

My sentiments exactly. There is so much misleading and wrong information in many of these posts, I couldn't begin to gather the facts to straighten everyone out.

[meauxna 15]

It's not the minute you marry or you could be deported right away.

Most marriages occur on Saturdays. The government doesn't expect you to file with one hand while signing your license with the other.

Read #14 and 15 on the I-129F form, maybe that's where I got the 2 year language (applying it to the wrong part, but I believe I read it elsewhere as well).

But again, you aren't out of status the second you marry. That makes no sense.

The instructions advise you to apply "promptly."

I don't think that AOS should be filed for immediately. Since you need a copy of the recorded license, that can't happen anyway.

BUT, if #14/15 led you to even think 'oh, nothing to do for 2 years', that is something to watch out for from others, because it is not worded well on that form and waiting 2 years to file AOS could be a big problem for folks. #15 specifically refers to Removing Conditions/I-751.

The status question is not all that complex:

You enter with a K-1 visa. The visa is now used and of no use (one minor exception). You are in K-1 STATUS. This status is valid for 90 days no matter what you do or do not do. On day 91, you are 'out of status' unless you have filed I-485.

Sometime in Day 1-90, you marry your USC petitioner. That is lovely, and that keeps the terms of the K-1 *adjustment* rules. On Day 91, you are out of status and married to a USC.

Until you file I-485, you are out of status.

All the marriage does is offer you a path to Permanent Resident status. If married in Day 1-90 (and entered as a K-1), then you can file AOS without an I-130. If you marry on Day 91+, you need to add an I-130. If you marry someone other than your petitioner, you leave the US and start over.

I realize that the instructions are particularly vague. That doesn't mean that the rule is vague, as we know of lots of missing "required" information from the various forms. That's why we talk together here, to help understand the lame instructions. Days out of status are one of these things. Yes, the instructions say 'promptly' but they don't tell you the law of unintended consequences. IF you decide to wait "too long", you jeoprodize your ability to travel in and out of the US, and you may be more vulnerable if you are picked up or questioned by an immigration officer.

Many of us who do not live on the borders are unaware that there are Border Patrol checkpoints well into the US where you will encounter immigration officers who want to see your proof of legal status.

I can't imagine why someone would not want to file their AOS ASAP.

[phila 0]

I'm concerned about my SO (who will enter JFK, and get the work stamp), will have a job in the first two weeks he is here, and then after we marry have to terminate that job and wait months for a proper work permit. Is this really true?

[athena_ny 1]

Probably, if he doesn't want to have any unauthorized work under his belt. It's very unlikely that he'll have his EAD on the 91st day in this country - as far as it being invalidated when you marry, I doubt it.

Some people will tell you he should quit the job as soon as his EAD runs out, others will tell you to only do anything if HR comes after him. Unauthorized work is generally forgiven by marriage to a USC, so there won't be any ramifications - I will tell you that for me, it's made me 1000% more stressed even knowing there's likely no ramifications.

I'm concerned about my SO (who will enter JFK, and get the work stamp), will have a job in the first two weeks he is here, and then after we marry have to terminate that job and wait months for a proper work permit. Is this really true?

[Suzanne and Gary 0]

I'm with the OP! Just filed for our AOS, what a joke. All the same over again and they do rip you off with medical fees. Week 6 and still no social security card! he's been calling and different answers every time. Finally went down there yesterday and they say immigration keeps denying it, so they had to overide that to try and issue it and tell him to wait 2 more weeks. #######? In regards to the work permit, yeah a temporary is a joke. That it what my husband has and it really doesn't help as you can't find a permanent job with it. He has been working for cash labor the last 2 weeks.

[William33 110]

I'm concerned about my SO (who will enter JFK, and get the work stamp), will have a job in the first two weeks he is here, and then after we marry have to terminate that job and wait months for a proper work permit. Is this really true?

Technically, the work authorization expires on day 91. With that said, work can continue, under the "grey area" of immigration. The immigration guidance does not specifically address this anomaly, to my knowledge.

I would personally continue under the "better to ask for forgiveness, than permission" rule. You received no specific guidance on this from the Embassy or USCIS, correct?

No individual that I have talked to did. Thus, the "grey area" exception applies.

The EAD should arrive before any questions are raised.

I would think that this is normal, yet it does not apply to my specific case. However, I worked in US Embassies for over 16 years. I am not a source for immigration fact/policy, only anecdotal evidence.

Perhaps others have differing thoughts?

Edited March 22, 2007 by William33

[Buxton babe 0]

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

So, Is it safe to follow the guidelines as stated above.