Stuck at a crossroad

[Tarika Smith 6]

3 minutes ago, NuestraUnion said:

Unfortunately, you have a lot of research to do. Seems like you are going through this blindly. @Roel has already given you good advice on how to proceed. You need to file for Adjustment of Status (AOS) for him before he is even allowed to work. Now here comes the bad news. Adjustment of status cost $1225 to file, requires more evidence for you to provide, and is taking 7 - 9 months or more to complete. Also, work authorization after a person files for AOS is currently taking several months (roughly 4 - 5 months). This is a long time to be out of work for someone who, as you put it, "need a job badly". He can attempt to file for expedite, but that is mostly based on if he has a job offer.

 

Basically, the faster he can apply for AOS, the faster he can do things like work and travel.

 

I strongly encourage you to review ALL of the steps of your husband's process from now until citizenship. The resources are available here and on the USCIS's websites. This way, in the future, you won't be caught in a bind like you are now.

 

Best of luck to you.

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1tips

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

Thank you. I see we still have a long road ahead of us. 

 

 

[Lucky2Lucky 2,526]

Follow the guidelines on here and you will be all set. Start filing out your AOS paperwork and EAD /AP. Once you have the EAD in hand he can start looking for work.

Edited August 13, 2018 by Luckycuds

[Unlockable 7,315]

No problem. 

 

Here is a high level summary.

 

• Now that he is married to you, he has to apply for AOS
• When he applies for AOS. He should apply for work authorization (EAD) and travel authorization (AP). Note: the fees for these authorizations are waived when he applies for AOS.
• He should get a SS #
• After he files for AOS. He will get an appointment for Biometrics. After that, he may have interview for receiving his Conditional Green card.
• His Conditional Green card is only good for 2 years. So he will have to Remove Conditions (research ROC) in 2 years.
• After ROC, he will be eligible for citizenship if he is still married to you after 3 years. (research Naturalization).

[Jaquelly 1,647]

The guides are absolutely your friends.

 

If you follow them, there's really no need to get a lawyer. So many of us have done these forms on our own and are doing just fine.

 

Good luck to you!

[Roel 7,193]

1 hour ago, Tarika Smith said:

Thank you. This whole process is confusing. Ur I was not trying to give a lawyer $4000 to mail off paperwork and do the work for me. I just come here for questions. I don’t really understand any of this 

If you really don't understand this simple guides and our posts then maybe really consider hiring the lawyer. 

[Jojo92122 1,924]

1 hour ago, Tarika Smith said:

Thank you. This whole process is confusing. Ur I was not trying to give a lawyer $4000 to mail off paperwork and do the work for me. I just come here for questions. I don’t really understand any of this 

This is not a game.  The consequences can be extremely bad if you mess up.  

 

If you don't understand any of this, then it would be wise to hire a lawyer rather than mess up your spouse's immigration.  

[Jojo92122 1,924]

1 hour ago, Tarika Smith said:

Hello all. I’m in desperate need of advice and answers. I’m trying so hard not to get a lawyer involved because they just want a lot of money. My husband and I recently married this past Friday. 

1. His visa expires 9/7/2018. Now that we’re married do he still have to leave before we can file a AOS?  He can stay and file AOS.  Leaving would be a bad idea since he would need a spousal visa to return.  The current average wait is 12-14 months for a spousal visa.

2. Can he get a work permit on his K1visa now that we’re married? No.  He need a job badly 

we are located in Md. can we go to the immigration office to get some things done?  No.  The only way for him to legally work is to file for his EAD when AOS is filed.  It's a 5-6 months wait after filing for his EAD.  If he needed a job badly, then you should not have chosen the K-1 visa which typically means the beneficiary can not legally works for many months.  You should have gone with a spousal visa if he needed to work immediately after entering the US.

Immigration needs to be planned.  It's not something you do when you need it.  Your spouse's K-1 visa is expiring in a month and you have no clue about the limitations of the K1 on work and leaving the US.  You are clueless on AOS.

If you were just starting the K1, I would understand why you are clueless.  But seriously, the K1 visa has already been used and it's time to file for AOS, and you don't have a plan.  This is poor planning or a complete lack of planning.

 

Let this case be a warning to others who do not prepare.  Now when you need to AOS is not the time to go on VJ and say you really don't understand any of this.  At this point, you should at least have some basic idea of what you are doing.  

Edited August 13, 2018 by Jojo92122

[CEE53147 559]

There are social service agencies that assist immigrants either for free or based on ability to pay.  If you are confused, find one to assist you or risk needless delays.

[mushroomspore 3,044]

2 hours ago, Tarika Smith said:

Thank you. This whole process is confusing. Ur I was not trying to give a lawyer $4000 to mail off paperwork and do the work for me. I just come here for questions. I don’t really understand any of this 

It's definitely a little confusing at first, but the information is pretty much all here on this website. USCIS also provides the most current versions of all their forms on their official website. If your now-husband entered on his K1, I have to ask what you guys were doing while waiting for the K1 to be approved. They take a while and provided ample time to really research all of this. Immigration has serious life-changing consequences if done incorrectly. There are many cases out there of people who "didn't realize" they had to do something in regards to their immigration and ignorance is not a defense to any judge.

[Marieke H 2,523]

3 hours ago, Tarika Smith said:

Hello all. I’m in desperate need of advice and answers. I’m trying so hard not to get a lawyer involved because they just want a lot of money. My husband and I recently married this past Friday. 

1. His visa expires 9/7/2018. Now that we’re married do he still have to leave before we can file a AOS?

2. Can he get a work permit on his K1visa now that we’re married? He need a job badly 

we are located in Md. can we go to the immigration office to get some things done? 

You asked questions here about AOS 3 months ago, and people gave you the links to all the information you need. 

I understand it can be overwhelming and confusing, but it seems like you still have no clue. I think that, in your case, it might be better to get some help. It doesn't have to be an expensive lawyer; maybe a friend or family member can go through all the information with you, and help you prepare your AOS packet?

[Jaquelly 1,647]

1 minute ago, yuna628 said:

Please do not advise the poster to break the law. The husband cannot work in ANY FORM UNLESS AUTHORIZED.

 

To get authorized they need to file AOS with EAD + AP. No work can be done in any capacity until that time.

Seconded.

 

Your husband cannot work until it is legal. It is NOT worth breaking the law and risking his immigration chances.

[Alabamak1 688]

someone needs to be acquainted with the consequences of "working under the table" and performing work. Wow. This is clear violation of the law and the VJ forum.  

[Devy and Lynette 46]

1 minute ago, Alabamak1 said:

someone needs to be acquainted with the consequences of "working under the table" and performing work. Wow. This is clear violation of the law and the VJ forum.  

All I meant was maybe helping out a few family members, I do know for sure that they cannot work..

[Devy and Lynette 46]

2 minutes ago, Jaquelly said:

There's no need to post in all caps.

Also, it may seem harsh, but this person has been linked to many guides and has asked the exact same questions before. You seem to be new around here. We see this a lot. It's exhausting. There's only so much 'helping' you can do before it becomes people not learning how to fish for themselves.

Sorry not new, been on this forum since 2014, from K-1 to now into ROC a year in, I just feel like if someone needs help, help them, it may take 4 or 5 times to get it, but so what, some of us can learn this stuff in seconds, and some can't!!!

[Alabamak1 688]

1 minute ago, Devy and Lynette said:

All I meant was maybe helping out a few family members, I do know for sure that they cannot work..

suggesting to perform work without DHS authorization, suggesting to get remunerated with cash while no work authorization....i don't wanna keep going, but it is clear as water what you stated.