green card & status update

[MrsBoateng29 2]

My fiance & I are waiting for his interview, in January, but I have some questions about when he comes to the states.

Once he is here, when does he have to get a green card & how?

& When does he have to update his status?

Also, how long does he have to be here before he is able to get a job?

[ScotchHans 8]

Once your fiance arrives, you have to get married within 90 days (I know you know this already) and file the Adjustment Of Status papers. By filling and once it gets approved, he will be given an EAD/AP card and green card. It can take 6 months or more to process everything. You can check the link below about how the aos works and what papers you need to file and have.

http://www.visajourney.com/content/k1k3aos

Good luck

[Suss&Camm 2,213]

My fiance & I are waiting for his interview, in January, but I have some questions about when he comes to the states.

Once he is here, when does he have to get a green card & how?

& When does he have to update his status?

Also, how long does he have to be here before he is able to get a job?

Once he is here, when does he have to get a green card & how?

& When does he have to update his status?

Applying for green card is an application to update status. This is done through the process of AOS (adjustment of status i-485). As long as you marry within 90 days of his arrival, there is no immediate hurry to file for AOS, however it is recommended you do it also within the 90 days to avoid being "out of status" if you are planning on travelling before the green card is approved.

Also, how long does he have to be here before he is able to get a job?

When filing for AOS there most people file for EAD (employment authorization document, i-765) and advance parole (i-131), for K1's these are issued on a combination card and generally will take around 90 days to receive with current processing times, from date of NOA1 for filing.

Read the step-by-step guide here :http://www.visajourney.com/content/k1k3aos

and post further AOS inquiries in the aos forum

Good luck with your interview and POE!

[MrsBoateng29 2]

Ok, Thanks... So, within 90 days we will get married & then we complete the I-485,

which is the application to update status that automatically applies for his green card?

& Then when do we have to do the I-751, Petition to Remove Conditions on Residence?

The instructions say(file:///C:/Users/akirk/Downloads/i-751instr.pdf):

During the 90-day period immediately before the conditional residence expires

So do we do the I-751, & then then I-485?

[Pitaya 2,577]

Ok, Thanks... So, within 90 days we will get married & then we complete the I-485,

which is the application to update status that automatically applies for his green card?

& Then when do we have to do the I-751, Petition to Remove Conditions on Residence?

The instructions say(file:///C:/Users/akirk/Downloads/i-751instr.pdf):

During the 90-day period immediately before the conditional residence expires

So do we do the I-751, & then then I-485? The other way around.

easily accessible at the top of the forum page. Including the Applying for Permanent Residency (GreenCard) Guide, and the Removing Conditions on Permanent Residency Guide.

Good luck on your immigration journey.

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS and then ROC processes, past K1~

Edited November 29, 2016 by Pitaya

[Suss&Camm 2,213]

Easiest is to file them simultaneously. When you do this the fees for ead/ap are waived. The step-by-step guide for aos therefore lists all of these together filed as one package but also says what is optional.

applying and getting the ead while the aos is pending will allow your husband to work while waiting on the "green card", which is just a document saying that his status is now as LPR (legal permanent resident).

Read the guides, you'll find all this information and more... also..google is your friend . These questions have an abundance of answers and information out there. No need for a separate thread

[MrsBoateng29 2]

Do you have the link that says the fees for ead/ap are waived?

Ok... Ill read more.... I just wish there was a better "step by step" guide.

Example:

Step 1. Come to the states

Step 2. Get married

Step 3. Form I-485 Adjustment of Status & I-765 EAP

Step 4. ????

Social Security Number? Form I-1751???

Easiest is to file them simultaneously. When you do this the fees for ead/ap are waived. The step-by-step guide for aos therefore lists all of these together filed as one package but also says what is optional.

applying and getting the ead while the aos is pending will allow your husband to work while waiting on the "green card", which is just a document saying that his status is now as LPR (legal permanent resident).

Read the guides, you'll find all this information and more... also..google is your friend . These questions have an abundance of answers and information out there. No need for a separate thread

[Suss&Camm 2,213]

Have you really read this http://www.visajourney.com/content/k1k3aos ?

The checklist includes i-485, i-765 and i-131. Supporting forms g-325a and i-864. Each form has it's own supporting document

I know it's a lot to process at once but try to slow down

https://www.uscis.gov/i-485

https://www.uscis.gov/i-765

https://www.uscis.gov/i-131

As per instructions for i-131:

NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the Form I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending, if:

1. You now hold U.S. refugee or asylee status, and are applying for a Refugee Travel Document (see Part 2. Application Type, Item Number 1.b. of Form I-131); or

2. You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Part 2. Application Type, Item Number 1.b. of Form I-131). Form I-131 Instructions 05/03/16 Y Page 13 of 15 Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007

Further as per instructions of i-765:

NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007.

I REALLY URGE you to read the instructions. If you can not be bothered, then you also have the option of hiring an attorney. If there are questions that are not clearly stated in instructions than you have this whole forum to help you out with answers but you need to read more first.

Best of luck on POE and marriage

[Suss&Camm 2,213]

Social security number is another process. Apply for this at local office shortly after (about 14 days). Bring i-94 and passport and fill out the application form. You do not need this for aos.

[MrsBoateng29 2]

Ok, thank you. I will take the time to read it thoroughly. I appreciate all your help.

[KayDeeCee 4,893]

Print out your I-94 info > https://i94.cbp.dhs.gov/I94

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

Follow this guide for AOS(adjustment of status to become a permanent resident) > http://www.visajourn...content/k1k3aos

The fees are listed here > http://www.uscis.gov/i-485

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

And here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourn...-3025-or-i-693/

As for the I-751, that is for removal of conditions(ROC). This is a separate immigration process and happens later, after you have already had the green card for almost 2 years. You file for ROC within the 90 days before your green card expires. > https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage