August 2018 I-129F Filers

[Mer and Matt 36]

1 minute ago, Robin Redemsky said:

He’s from England. If he’s applied for an ESTA once does that mean it’s good for every visit? I remember him saying he had to buy a visa to visit and it was like $15 or something 

The esta is for 2 years and you can visit in that time 90 days in a row each visit. I’ve been using mine for 2 years now

[OkFine2019! 36]

3 hours ago, Hphelp said:

Anyone else waiting for packet 3? 

I’m still waiting. (Still at NVC)

😐

Edited March 4, 2019 by OkFine2019!

[Shiran 1,134]

51 minutes ago, Robin Redemsky said:

My attorney called me back and said he would charge me $50 just to write an affidavit saying he’s only visiting for a week and he said even that won’t guarantee anything. What the heck! He is making it sound like he will be turned away at customs

Just relax. Is there a chance he can get turned around by CBP Officer? Yes, sure. Is it likely? Probably not! He presumably had no visas violation, have him check his ESTA status online ( https://esta.cbp.dhs.gov/esta/application.html?execution=e1s1 )and make sure he assertively confirms to CBP he has every intention to return back and has tickets back etc. Good luck, and try to relax, whatever happens this situation is (unfortunately) mostly out of your hands, so just try to accept it, and hope for the best but remember even in worst case scenario, you have your NOA2, and you will be together soon one way or the other. 

Edited March 4, 2019 by Shiran

[Shiran 1,134]

Applied for SSN today. Went to closest SSA office a few minutes before the opening, just to be told it no longer processes Social Security Cards, and we have to drive to a different one. After long-ish wait at new location, called to the window. Agent was competent, not all surprised by K-1 visa. We did have a bit of setback with a first name change. He was adamant they have to go by the name on the Visa, and there it is spelled awkwardly, and not at all the way it is pronounced. For the address, I had him put "In Care Of" under my name, to make sure postman will deliver it without issues, since her name is not on the postbox yet. It should be expected within 2 weeks. 

[Greenbaum 12,259]

1 hour ago, Robin Redemsky said:

Hi everyone, I could use some advice. I went to drop off paperwork for my RFE today to my attorneys office. I told the paralegal about my fiancé visiting from March 30-April 6. She told me they may not let him in through customs when they see we’ve applied for the K1 visa. So I started sobbing in my car because we want to visit each other. I left a voicemail for the customs office he would go through asking about him visiting on the K1 visa so waiting for them to call back. What are the chances he’d be turned away? We’re doing this legally but it would break my heart knowing he’d be half a mile from me and then turned away. 

Having one type of visa and applying for another is not grounds for your fiancé to not to enter the USA. It's done all day every day. Lawyers

 

Schedule his trip. He should be fine. https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/

Edited March 4, 2019 by Greenbaum

[Catherine6 118]

7 minutes ago, Shiran said:

Applied for SSN today. Went to closest SSA office a few minutes before the opening, just to be told it no longer processes Social Security Cards, and we have to drive to a different one. After long-ish wait at new location, called to the window. Agent was competent, not all surprised by K-1 visa. We did have a bit of setback with a first name change. He was adamant they have to go by the name on the Visa, and there it is spelled awkwardly, and not at all the way it is pronounced. For the address, I had him put "In Care Of" under my name, to make sure postman will deliver it without issues, since her name is not on the postbox yet. It should be expected within 2 weeks. 

Yyyaaaaayyyyyy

What did you bring? 

*pencil & notepad in hand*

[Jay Jones 261]

9 minutes ago, Shiran said:

Applied for SSN today. Went to closest SSA office a few minutes before the opening, just to be told it no longer processes Social Security Cards, and we have to drive to a different one. After long-ish wait at new location, called to the window. Agent was competent, not all surprised by K-1 visa. We did have a bit of setback with a first name change. He was adamant they have to go by the name on the Visa, and there it is spelled awkwardly, and not at all the way it is pronounced. For the address, I had him put "In Care Of" under my name, to make sure postman will deliver it without issues, since her name is not on the postbox yet. It should be expected within 2 weeks. 

Did you'll get married yet?  What state are you in?

[Shiran 1,134]

22 minutes ago, Catherine6 said:

Yyyaaaaayyyyyy

What did you bring? 

*pencil & notepad in hand*

Printed I-94 (I strongly suspect this is optional actually - they can use her visa stamp to pull up same information I-94 shows)- Which means you will need to pull it up in your browser and print at home or elsewhere (they will not accept "Look at it here on my Cell Phone" option), Passport with Visa stamp, we also brought birth certificate with translation but that was not needed. You can download and fill up the SSN form at home, but they have plenty in the office, and with how long the wait is, you will probably have plenty of time to do that. Form is very simple. The only catch is make sure to check "Legal non-immigrant, that eligible for work" when it asks for reason for applying. That is in fact true answer as K-1 are eligible for work (for 90 days) It just getting approval usually takes longer than 90 days. Put parents names, they want Mother's maiden name btw, not married. They will print it all out for you, and give you a chance to review it again for correctness. Agent DID tell us we can get married, and bring marriage certificate along with K-1 visa to get last name change done at same time, but since she won't be changing her last name, there was no point in delaying that. After we got called to the window process only took maybe 10 mins at most including him walking away to make copies etc. 

[Jay Jones 261]

2 minutes ago, Shiran said:

Printed I-94 (I strongly suspect this is optional actually - they can use her visa stamp to pull up same information I-94 shows)- Which means you will need to pull it up in your browser and print at home or elsewhere (they will not accept "Look at it here on my Cell Phone" option), Passport with Visa stamp, we also brought birth certificate with translation but that was not needed. You can download and fill up the SSN form at home, but they have plenty in the office, and with how long the wait is, you will probably have plenty of time to do that. Form is very simple. The only catch is make sure to check "Legal non-immigrant, that eligible for work" when it asks for reason for applying. That is in fact true answer as K-1 are eligible for work (for 90 days) It just getting approval usually takes longer than 90 days. Put parents names, they want Mother's maiden name btw, not married. They will print it all out for you, and give you a chance to review it again for correctness. Agent DID tell us we can get married, and bring marriage certificate along with K-1 visa to get last name change done at same time, but since she won't be changing her last name, there was no point in delaying that. After we got called to the window process only took maybe 10 mins at most including him walking away to make copies etc. 

Thank you for that information

[Greenbaum 12,259]

9 minutes ago, Shiran said:

Printed I-94 (I strongly suspect this is optional actually - they can use her visa stamp to pull up same information I-94 shows)- Which means you will need to pull it up in your browser and print at home or elsewhere (they will not accept "Look at it here on my Cell Phone" option), Passport with Visa stamp, we also brought birth certificate with translation but that was not needed. You can download and fill up the SSN form at home, but they have plenty in the office, and with how long the wait is, you will probably have plenty of time to do that. Form is very simple. The only catch is make sure to check "Legal non-immigrant, that eligible for work" when it asks for reason for applying. That is in fact true answer as K-1 are eligible for work (for 90 days) It just getting approval usually takes longer than 90 days. Put parents names, they want Mother's maiden name btw, not married. They will print it all out for you, and give you a chance to review it again for correctness. Agent DID tell us we can get married, and bring marriage certificate along with K-1 visa to get last name change done at same time, but since she won't be changing her last name, there was no point in delaying that. After we got called to the window process only took maybe 10 mins at most including him walking away to make copies etc. 

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.

 

6 minutes ago, Jay Jones said:

Thank you for that information

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.

[Jay Jones 261]

3 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.

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.  

[Blondie0216 93]

1 minute 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.  

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. 

[Jay Jones 261]

2 minutes 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. 

Thanks.

[Shiran 1,134]

5 minutes 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. 

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" 

[Blondie0216 93]

1 minute 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" 

Makes sense to me.  There is so much information out there and so much to learn its overwhelming at times