When to marry during the 90 days?

[JP5380 4]

Hello All, my fiancée and her son recently arrived on the K1/K2. Naturally, everything is happening very fast, so I was wondering when we should plan to be married by? I imagine it's not good to wait until the end of the 90 day period. I've been reading the guides here, but I have not seen a clear answer. Most likely I overlooked it. Thanks in advance for your help!

 

Jesse

[K & R 343]

marry as soon as you can. The sooner you get married, the sooner you can file AOS and the sooner your fiancee will be able to recieve EAD and AP to work (currently a 5-6 month wait from filing). Even if you have to do a courthouse wedding and plan a ceremony with family at a later day, the sooner you marry the better imo. Don't wait until the last minute. 

[Cryssiekins 976]

Anytime before the 90 days is permissible.

 

Realistically, as soon as possible, because ideally you want to marry AND file AoS within the 90 days. 

 

Yes, it’s very hectic at the beginning, but there will be down time (and a lot of it) soon. 

[JP5380 4]

For us, the EAD/AP are not urgent. She will not be working for at least a year or more. She needs more time to develop her English. Although, the AP could be useful, but we have no plans for her to travel outside the US in the near future.

[Ben&Zian 4,398]

Whenever.

[K & R 343]

1 minute ago, JP5380 said:

For us, the EAD/AP are not urgent. She will not be working for at least a year or more. She needs more time to develop her English. Although, the AP could be useful, but we have no plans for her to travel outside the US in the near future.

Even if you don't have plans for her to travel in the near future, you never know if there could be an emergency or urgent reason she would want to go home. Plus, the longer you wait to apply for AOS the longer it will be before she has her GC (depending on your local service center could be over a year before she gets it). You can always opt not to apply for EAD, but I would get the ball rolling on her AOS application and be prepared it could be awhile before she gets her GC.

[geowrian 22,337]

11 minutes ago, JP5380 said:

Although, the AP could be useful, but we have no plans for her to travel outside the US in the near future. 

Things happen....better to have it ASAP and not need it than need it and not have it.

[Ksenia_O 696]

...and you have a K-2 kid. In case to get a SS# for him you  have to file AOS along with EAD/AP. (EAD/AP fee waived  if filed along with I-485)  - a K2 is not eligible (unlike a K-1) for a SS# until EAD is in hands.

 

It's always a good idea to file for EAD/Ap with original I-485 submission - you never know what future holds and what kind of emergency can happen   back in her home country. 

Edited March 1, 2019 by Ksenia_O

[JP5380 4]

1 minute ago, Ksenia_O said:

...and you have a K-2 kid. In case to get a SS# for him you  have to file AOS along with EAD. (AP as well - it's free)  - a K2 is not eligible (unlike a K-1) for a SS# until EAD is in hands.

So a five year old child needs an EAD to apply for a SSN?

[Ksenia_O 696]

Just now, JP5380 said:

So a five year old child needs an EAD to apply for a SSN?

Any K-2 , regardless of the age. 

[Ontarkie 14,226]

~~Moved to AOS Family K1/K3, from K1 P&P - As this is no longer a K1 processing but a beginning AOS process stage~~

[USS_Voyager 1,972]

People often get confused about the marriage requirement. You don't need to have a wedding. You just need to get married legally within 90 days of the K1 arrival in the US. Just head to the court house and get the paperwork going for the legal marriage, because that takes some times too. 

[Paul & Marina 53]

Child does not need a SSN before age 8 after age 8 it is required to claim on 1040.

 

Like you were are in no real hurry, we have made planned for NLT 59 Day. Maybe sooner if we feel like it or desire too.

[Ksenia_O 696]

3 hours ago, Paul & Marina said:

Child does not need a SSN before age 8 after age 8 it is required to claim on 1040.

 

 

Could you provide a link where you are getting this "age of 8' thing?

 

An age has nothing to do with this - you can't clime any dependent on 1040,   without SS# or ITIN

 

https://www.irs.gov/publications/p501#en_US_2018_publink1000236379

"Social Security Numbers for Dependents

You must show the social security number (SSN) of any dependent you list in the Dependents section of your Form 1040.

 

If you don't show the dependent's SSN when required or if you show an incorrect SSN, certain tax benefits may be disallowed.

 

No SSN.

If a person for whom you expect to claim as a dependent on your return doesn't have an SSN, either you or that person should apply for an SSN as soon as possible by filing Form SS-5, Application for a Social Security Card, with the Social Security Administration (SSA). 

If your dependent is a resident or nonresident alien who doesn't have and isn't eligible to get an SSN, your dependent must apply for an individual taxpayer identification number (ITIN). "

 

 

Edited March 2, 2019 by Ksenia_O

[Ksenia_O 696]

OP, AOS can take  a long  time. Ours, K-1&K-2, took 15 month, and it was back in 2014-2015.

Now it's even more unpredictable.

EAD/AP (combo card) usually arrives sooner  (within 4-6 months) than an actual green card. Don't really see the reason why not to apply for that along with I-485 submission, especially when it's fee waived.

Plus, the kid will have his SS# once EAD arrives. Having a SS#  "sooner that later" makes an immigrant's life so much easier. Even for a child.

 

Good luck with your journey!