K1 Heading Over- Social Security & Adjustment of Status Help!

[JimmyJane 23]

Hi everyone,

 

I have had my K1 visa issued- many thanks for the help during that- and will be heading over by June- and I have a few questions about the road ahead!

 

At the moment, my fiance and I are considering a civil/courthouse marriage (hello Vegas) as soon as I arrive, in order to get started on all the paperwork (wedding planning, especially from a few thousand miles away, is HARD!)

 

If we do this, is it a problem in any way?!  Pros/cons, from those who have gone before?

 

More specifically-

 

SOCIAL SECURITY

I have a Social Security number already. I received one back in 1999 working on J1 visa as a camp counselor and wound up doing this program 8 times.  As far as I understand, this is my number for life, however I am a little confused-

 

- Do I still need to file for a new number or a replacement number, as I am entering on a different visa this time (ie. K1 as opposed to J1)- or is my old SSN card from '99 fine unless/until I want to change my name?

 

- If I DO need to file- The guide here says to wait for two weeks after entering the US in order to come up in the system.  If we married right away, would I then wait that period, then file for SSN replacement- to my maiden name first, and then file again to change it to my married name?  Or if I wanted to take my husband's name, would I change it to that with that first filing?

 

ADJUSTMENT OF STATUS

My brother is having a baby in August and I really want to be able to visit and meet the baby, hopefully at least sometime before the end of the year.  Also, my fiance and I have discussed a honeymoon in Europe- but are not sure when that would be allowed!

 

- If we marry right away and then file for AOS, when am I able to leave the country without being branded as abandoning the relationship?  I see you can apply for AOS, EAD and AP all at once- but the guide on AP seems to say you require an emergency situation in order to get granted AP, and as much as I think I need genuine Italian gelato and to cuddle a baby, I'm not sure the government will see it that way...  However, the guide also says the AOS can take several months to YEARS, and that seems a difficult situation with family on the other side of the world who may not be able to visit.

 

- Is AP granted for specific dates/trips only, or is it a blank card to be used at your discretion? ie. do I submit my reasons/circumstances (whatever they may be) when I submit the application for AP or is it more a generic request?

 

Please excuse my ignorance- I have looked through the forums and may have gotten more confused than clarified and am wary that some info may be outdated.

 

Many thanks for any help and advice!!

 

 

[KULtoATL 1,551]

Sorry to be short but I'm typing from a phone

 

SSN: That's your number for life. You'll only need to go to SSA office to update it after you get your EAD or GC so that a new one can be printed without the "allowed to work with USCIS authorization" clause.

 

AP: A lot of K-1 holders apply for their AP concurrently with the AOS and EAD. K-1 can apply for one without needing a reason. AOS will take some time before it's approved and people usually will receive their EAD + AP combo card fairly quickly upon submission, definitely quicker than the GC. You can travel in and out of the US as you wish but I think it shouldn't be more than 6 months per trip or it would be a case of abandonment.

[A'n'L 735]

You should definitely apply for AP with your AOS. It is not just for emergencies, and it allows for multiple trips during it's validity (1 year). However, processing time is approximately 3 months. If you file in June, don't expect to be able to leave the US before September/October.

 

There is also an emergency AP, which can be granted faster (through in-person appearance at a USCIS office), but it's not granted for trivial desires like the ones you mention. It's most often used in the unfortunate event one of the immigrants immediate family members have a serious/acute health issues or to attend their funeral.

[glmg21 330]

 

1 hour ago, JimmyJane said:

Hi everyone,

 

I have had my K1 visa issued- many thanks for the help during that- and will be heading over by June- and I have a few questions about the road ahead!

 

Please excuse my ignorance- I have looked through the forums and may have gotten more confused than clarified and am wary that some info may be outdated.

 

Many thanks for any help and advice!!

I will try and break down your post and answer them to the best of my personal knowledge. I've had many of these questions myself so will share what I know!
 

Quote

 

At the moment, my fiance and I are considering a civil/courthouse marriage (hello Vegas) as soon as I arrive, in order to get started on all the paperwork (wedding planning, especially from a few thousand miles away, is HARD!)

 

If we do this, is it a problem in any way?!  Pros/cons, from those who have gone before?

 

Yes, a civil/courthouse marriage is the way a large number of people on a K1 will choose to get married. It's the way I'll be doing it, because it's virtually impossible to plan a full-on wedding with guests from multiple countries on a visa timeline. As long as the marriage is legal and ratified, and you receive a formal marriage certificate, that is all you require to meet the K1 requirements and go ahead with your AOS. Then you can plan a larger, more traditional wedding once you're moved in and settled. There are of course pros and cons - having a big expensive wedding when you're legally already married is a sore point for a lot of people, but in all honesty there isn't much else you can do. You'll have to find a venue that is incredibly accommodating and flexible, not to mention have a set of guests that would be able to travel at a moment's notice!

 

Quote

 

SOCIAL SECURITY

I have a Social Security number already. I received one back in 1999 working on J1 visa as a camp counselor and wound up doing this program 8 times.  As far as I understand, this is my number for life, however I am a little confused-

 

- Do I still need to file for a new number or a replacement number, as I am entering on a different visa this time (ie. K1 as opposed to J1)- or is my old SSN card from '99 fine unless/until I want to change my name?

 

- If I DO need to file- The guide here says to wait for two weeks after entering the US in order to come up in the system.  If we married right away, would I then wait that period, then file for SSN replacement- to my maiden name first, and then file again to change it to my married name?  Or if I wanted to take my husband's name, would I change it to that with that first filing?

 

A social security number is yours for life, regardless of whether you get married, leave the country, or change your identity. It means that you won't need to file for a new one in order to get married (some states require this), but once you've got your marriage certificate you are encouraged to visit the SSN office and update your name on their records.

 

However, many have experienced that in order to do this, just having the marriage certificate won't always suffice - in many cases you'll have to have your EAD/AP card, with your new marriage name on it, as the SSN office works off of what Homeland Security says your immigration status (and name) is. If you make the trip somewhere between your K1/I-94 expiring and your EAD/AP card arriving, they may ask you to wait, but because you already have a SSN this wait won't be an issue for you.

 

 

Quote

 

ADJUSTMENT OF STATUS

My brother is having a baby in August and I really want to be able to visit and meet the baby, hopefully at least sometime before the end of the year.  Also, my fiance and I have discussed a honeymoon in Europe- but are not sure when that would be allowed!

 

- If we marry right away and then file for AOS, when am I able to leave the country without being branded as abandoning the relationship?  I see you can apply for AOS, EAD and AP all at once- but the guide on AP seems to say you require an emergency situation in order to get granted AP, and as much as I think I need genuine Italian gelato and to cuddle a baby, I'm not sure the government will see it that way...  However, the guide also says the AOS can take several months to YEARS, and that seems a difficult situation with family on the other side of the world who may not be able to visit.

 

- Is AP granted for specific dates/trips only, or is it a blank card to be used at your discretion? ie. do I submit my reasons/circumstances (whatever they may be) when I submit the application for AP or is it more a generic request?

 

If you marry right away and then file for AOS (including EAD and AP at the same time), you will likely receive your EAD/AP card around 3 months after filing. To clarify, EAD is for the right to work and AP is for the right to travel out of and back into the country, both as if you were a Green Card holder. These documents exist because your AOS (green card) application can take several months to be completed, and act as placeholders until your Green Card is approved.

 

You cannot leave the country without your Advanced Parole, unless specifically given permission to, which is only in the case of emergencies, humanitarian causes, etc, which is what I think you're referring to above. There's more on the criteria here: https://www.uscis.gov/i-131. Once approved after a generic application, your AP is a blank card to be used at your discretion, but as you're waiting for a Green Card there are limits to how long you can be out of the country without being viewed as "abandoing" your petition. However, this is normally like six months or so, so short vacations aren't a problem.

 

Hope this helps..

 

 

[A'n'L 735]

1 hour ago, glmg21 said:

You cannot leave the country without your Advanced Parole, unless specifically given permission to, which is only in the case of emergencies, humanitarian causes, etc, which is what I think you're referring to above. There's more on the criteria here: https://www.uscis.gov/i-131. 

You can always leave the US, but you can't return without AP, emergency AP, GC (or a new visa). 

[JimmyJane 23]

Oh I've been totally remiss here in not telling you all an enormous THANK YOU so much sooner!!

 

I am so very grateful for you taking the time to respond and set my confused mind straight and ease my worries!  You are FABULOUS!!