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Posted

Hello all. I have a few questions. I just entered the US on my K1 and I'm wondering what step I should take next. The Customs Border Patrol Officer said everything so fast that I can barely make any sense of it. She did tell me that I have "Employment Authorization" and the I CAN travel outside the US whenever I want. She also mentionned something about having another interview for the AOS. Do I have to make an appointment or is it a walk in process. I really don't even know what I'm trying to say, all I know is that I need :help: . PLEEEEEEASE!

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

I think you may have gotten some bad information. If you did not enter through JFK airport, you probably did not get an EAD stamp in your passport. You require either the temporary work authorization stamp in your passport, or else you will have to wait until you apply for the EAD with form I-765, along with your AOS application (form I-485).

And you will not be able to travel outside of the U.S. without first applying for, and being approved for, AP (which is form I-131). If you do leave the U.S. without AP, you will be denied entry back into the US and have to apply for a spousal visa, which would be starting all over again at the beginning.

You should read the Guides here on VJ on AOS. You will get all the necessary information there on what you need to do after you are married.

Good luck.

By the way, you should put the foreign country that you came from in your signature.

Edited by raymaga

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Posted (edited)

Mh, the frist thing you do is get married...you have 90 days for that...after you get married you have to apply for AOS...there are some example forms on this side that you can download, there is also a bunch of post about what you need to do exactly! Then they will give you an appointment for you biometrics, they take you fingerprints and a picture...after that they will schedule and actual interview...

along with the AOS you can apply for work authorization and advanced parol, which will allow you to legally work and leave the country and come back without having the green card...

I dont know what you port of entry is, I think JFK issues an EAD stamp, which allows you to work for I think 90 days (until you I-94 expires)...

Im almost positiv though that unless you have your green card or the Adveced Parole you are NOT allowed to leave the country!

Edited by Babsi

met on Hawaii in 2002

got engaged Dec. 19 2004 in Amsterdam

married Sep 15 2005 on Mackinaw Island, MI

AOS Timeline

10/19/2005 NOA1s for AOS and EAD

11/17/2005 fingerprints for EAD and AOS

12/20/2005 EAD approved!!!

03/23/2006 AOS interview in Detroit, MI...APPROVED!!

I 751 Timeline

01/10/2008 I-751 send to NSC

01/14/2008 I-751 arrived at NSC

01/18/2008 check cleared

01/22/2008 recieved NOA1 dated 01/14 case got transfered to CSC

02/12/2008 biometric appointment

03/07/2008 APPROVED!!!

January 2011 BBG

08/01/2011 N400 send to Nebraska

08/04/2011 received by Nebraska

Posted

Thank you for your response. I drove through the Detroit, MI entrance and I DO have a stamp on my I-94 which says "EMPLOYMENT AUTHORIZED". They also told me that if I get married and adjust my status within 90 days that I do not have to apply for an EAD. She also clearly stated and I repeated back to her that it IS OK for me to travel anywhere I wish. I even joked atound and said, "so I can go to china and BACK?" She said yes. I was very surprised.

I think you may have gotten some bad information. If you did not enter through JFK airport, you probably did not get an EAD stamp in your passport. You require either the temporary work authorization stamp in your passport, or else you will have to wait until you apply for the EAD with form I-765, along with your AOS application (form I-485).

And you will not be able to travel outside of the U.S. without first applying for, and being approved for, AP (which is form I-131). If you do leave the U.S. without AP, you will be denied entry back into the US and have to apply for a spousal visa, which would be starting all over again at the beginning.

You should read the Guides here on VJ on AOS. You will get all the necessary information there on what you need to do after you are married.

Good luck.

By the way, you should put the foreign country that you came from in your signature.

Filed: AOS (pnd) Country: Australia
Timeline
Posted

the information about being able to travel is INCORRECT if you leave the country you will be denied re-entry. It would be best to apply for an employment authorization when lodging your paperwork as it is very unlikely you will be processed in 90 days (unless you are very fortunate).

Just FYI even though you have an employment authorization you need a SSN before being able to work.

Good Luck!

AOS Process

December 9, 2005 :: Married

December 23, 2005 :: AOS Package sent

December 26, 2005 :: AOS received at lockbox

December 30, 2005 :: NOA1 date

January 3, 2006 :: NOA1 received

February 15, 2006 :: AP granted

March 11, 2006:: Biometrics

March 13, 2006 :: Touched

March 14, 2006 :: Touched

March 16, 2006 :: EAD approved

Posted

You better make sure about things if you plan on leaving the U.S. The K-1 is a one entry visa so if you leave without AOS you will have to start all over again. Other than that I wish you the best of luck and welcome to America. :D

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Like the rest, will confirm: you cannot leave the US and re-enter on a K1 visa freely. The information you received was erroneous. To the contrary, you need to file the I-131 (AP -> advanced parole) in order to move back and forth between the US and other countries freely. The AP goes hand in hand with your AOS package, more or less.

The typical procedure:

1. Get married.

2. File for AOS, AP, EAD (work permit - your call).

3. Do biometrics.

4. Get AP/EAD.

5. File for SSN.

6. Free to travel and work.

You must have that AP if you want to re-enter the US after leaving. It's crucial you know this if you mean to travel outside the US!

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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

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