August 2018 I-129F Filers

[Shiran 1,134]

20 minutes ago, Greenbaum said:

I am not aware that what you stated in red is true. Maybe something has changed that I am not aware of but a source would be helpful. Thanks.

 

As a K-1 visa holder, you can work in the U.S. only if, after entering, you apply for and receive a work permit. This is known by U.S. Citizenship and Immigration Services (USCIS) as an Employment Authorization Document (EAD). It is a small plastic card with your photo on it sometimes issued prior to the GC but allows you to work while you are waiting. Without the EAD authorization you cannot work.

 

A K-1 visa allow you to enter the U.S. and remain for 90 days in order to get married and, if you wish, apply to adjust status. If you want to work during those 90 days, one option is for you to apply to USCIS right away for employment authorization, on Form I-765. You will need to pay a fee ($495 as of 2018). If you wait and include it in your AOS package there is not charge for the EAD. The catch, however, is that by the time you have submitted the form to USCIS and it has processed it and made a decision, the 90 days might have passed. As of 2018, USCIS's typical processing time for an I-765 was, coincidentally enough, 90 days. That may change someday, but it's been fairly typical for several years. No matter how long USCIS takes to approve an EAD, it will give it an expiration date of the end of your 90-day permitted stay on your K-1 visa (the exact date of which is shown on your I-94 Arrival/Departure Record). Given these realities, it would probably make more sense to wait and use the option described next, of simply getting married and applying for a work permit along with your adjustment of status application.

https://www.ssa.gov/forms/ss-5.pdf Question 5. Correct answer to for K-1 applicants is Legal Alien allowed to work for the reason you yourself stated. K-1 applicants can work (after getting EAD for the duration of visa - 90 days) 

[PurelyRavage 92]

Gotta love seeing all these quick VOH and then there's Canada with another 3-4 month wait after NOA2 lol. Visa at NVC since feb 27 hopefully sent out tomorrow. 

Edited March 5, 2019 by PurelyRavage

[Blondie0216 93]

1 minute ago, PurelyRavage said:

Gotta love seeing all these quick VOH and then there's Canada with another 3-4 month wait after NOA2 lol. Visa at NVC since feb 27 hopefully sent out tomorrow. 

I'm hoping mine gets shipped tomorrow too!! Praying you hear something soon too!

[Greenbaum 12,260]

4 hours ago, Jay Jones said:

I was mainly interested in the SSN process.  I don't plan to have my fiancé (future wife) to work for about 3 years anyway.  I'm putting her in a GED program then after she gets her GED then she's going to school for Physical Therapy.  Her college is free since I'm 100% permanent and total with my VA disability.  We are going to reside in Texas.   I wanted to know about how long it might take for her to get a SSN so I can add her to my DEERS so medically she will be covered under the VA.  

Once you apply the SSN the new document comes in the mail rather quickly about 2-3 weeks tops.

[Greenbaum 12,260]

4 hours ago, Shiran said:

https://www.ssa.gov/forms/ss-5.pdf Question 5. Correct answer to for K-1 applicants is Legal Alien allowed to work for the reason you yourself stated. K-1 applicants can work (after getting EAD for the duration of visa - 90 days) 

Yes you are able to work BUT only after having received permission from DHS with the authorization in the form of the EAD. Under your explanation you will be hard press to find an employer who will employ you with a SS card that says "Valid for work only with DHS Authorization" which is what the beneficiary will receive. Here is some additional information from https://www.uscis.gov/greencard/employment-authorization-document

 

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Having an Employment Authorization Document (EAD) is one way to prove that you are allowed to work in the United States for a specific time period.

To request an EAD, you must file Form I-765, Application for Employment Authorization. You will need to apply for an EAD if you:

• Are authorized to work in the United States because of your immigration status (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization, or
• Are required to apply for permission to work; in other words, you need to request employment authorization itself. For example:
  • You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.
  • You have a pending Form I-589, Application for Asylum and for Withholding of Removal.
  • You have a nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student).

You do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant visa that authorizes you to work for a specific employer (for example, you have an H-1B, L-1B, O, or P visa).

 

[Greenbaum 12,260]

5 hours ago, Shiran said:

She arrived on March 1st, and we applied March 4, which is basically 2nd business day. I don't see a point in "Wait two weeks before you apply so MAYBE you can get SSN right away" vs "Apply as soon as possible, and will get SSN 2 weeks later" 

In the past, about 2 years ago the beneficiary entered at the POE and immediately after passing through immigration was added to the SAVE data base. Before then it took about 2 weeks hence the reason you read "give it two weeks before applying" which was the "old" way. Now I have seen those like yourself would waited a day or two and then visited SS office. On the new EAD application you can now request a SSN/card and the EAD. The SSN will be sent as soon as the adjudication of the EAD begins. Your wait will be in the range of 30-60 days for the SS and 90 days for the EAD. Both ways work.

5 hours ago, Blondie0216 said:

I was told I cant apply for SSN until 14 days after I arrive in the USA because they need to have our information from immigration to be in the computer system. 

That is the old way. See my explanation above.

[Catherine6 118]

@Greenbaum

 

Re: SSN

 

I saw that SS Q in the 485 form. So, if we go and do like @Shiran then answer to Q on 485 will be no or say yes and get a new one anyways after EAD gets processed?

[Blondie0216 93]

14 minutes ago, Greenbaum said:

In the past, about 2 years ago the beneficiary entered at the POE and immediately after passing through immigration was added to the SAVE data base. Before then it took about 2 weeks hence the reason you read "give it two weeks before applying" which was the "old" way. Now I have seen those like yourself would waited a day or two and then visited SS office. On the new EAD application you can now request a SSN/card and the EAD. The SSN will be sent as soon as the adjudication of the EAD begins. Your wait will be in the range of 30-60 days for the SS and 90 days for the EAD. Both ways work.

That is the old way. See my explanation above.

Is the ead applied for with AOS or upon arrival to the USA.  There is a fee for EAD as well as AOS isnt there?

[Catherine6 118]

3 minutes ago, Blondie0216 said:

Is the ead applied for with AOS or upon arrival to the USA.  There is a fee for EAD as well as AOS isnt there?

If you send 485, 131, and AP together, only one fee is needed: $1225, as of date.

[Greenbaum 12,260]

16 minutes ago, Blondie0216 said:

Is the ead applied for with AOS or upon arrival to the USA.  There is a fee for EAD as well as AOS isnt there?

If you combine the EAD with the AOS then there are no fees for the EAD just the AOS I-485. If you apply for the EAD on its own then there is a fee about $490 I believe is what I read. And then when you file AOS it has its own fee.

Edited March 5, 2019 by Greenbaum

[Rayson 42]

Finally found out we have an RFE. It was sent out on Monday, 4th of March........NOA1 since August 21.

 

Wondering what the USCIS wants now.

[Blondie0216 93]

5 hours ago, Rayson said:

Finally found out we have an RFE. It was sent out on Monday, 4th of March........NOA1 since August 21.

 

Wondering what the USCIS wants now.

For us it was handwritten dates on photos and letters from friends who know our relationship.  

[BB Family 299]

She is waiting at the gate now. Final leg of this journey  

[Shiran 1,134]

11 minutes ago, BB Family said:

She is waiting at the gate now. Final leg of this journey  

Congratulations, and hope she have a safe and comfortable flight followed by painless PoE! Best of luck to both of you on US soil!

[Rau88 23]

To everyone who had RFE - did the status change after you sent USCIS what they were asking? My fiance paid for tracking and USPS says USCIS got our letter. Wondering if the status on USCIS site will change from "we sent you a request for additional evidence"?