2 questions

[Game_blouses04 57]

Hello, just had a couple quick questions/ clarification.

 

I'm in the Navy, and will be doing a 5 month deployment in may. We received our NOA1, and our estimated  NOA2 is around July 12th.  The dates seem to be matching up for everything being approved and ready to go around the time i get back in October, but say it gets approved early, and she does everything is there a time frame from when she gets the visa before she has to enter the country, or does the 90 days start when she enters America.

 

My other question is just some clarification. I swore once she entered the country, once we got married and the 90 days is over she had to return back to the Philippines. My fiances friend her just got her NOA2, told us that she can stay after we get married with me while we wait for the adjustment of status and green card, she just cant work.. She mentioned once she arrives to get her  a SSN, and she should be good to go.  MY question is what documentation does she have to be legally staying in the country. Just want to cover both of our asses.

 

Sorry for the wall of text.

 

Thanks!!

[Ben&Zian 4,398]

4 minutes ago, Game_blouses04 said:

Hello, just had a couple quick questions/ clarification.

 

I'm in the Navy, and will be doing a 5 month deployment in may. We received our NOA1, and our estimated  NOA2 is around July 12th.  The dates seem to be matching up for everything being approved and ready to go around the time i get back in October, but say it gets approved early, and she does everything is there a time frame from when she gets the visa before she has to enter the country, or does the 90 days start when she enters America.

 

My other question is just some clarification. I swore once she entered the country, once we got married and the 90 days is over she had to return back to the Philippines. My fiances friend her just got her NOA2, told us that she can stay after we get married with me while we wait for the adjustment of status and green card, she just cant work.. She mentioned once she arrives to get her  a SSN, and she should be good to go.  MY question is what documentation does she have to be legally staying in the country. Just want to cover both of our asses.

 

Sorry for the wall of text.

 

Thanks!!

 

The 90 days starts upon entry to the US. Once she enters, the K-1 is voided and she is legally present on an I-94 for the 90 days. So just marry within that time frame and then AOS (adjustment of status).

 

Once you apply for AOS, she must remain in the US until she received proper Advanced Parole (AP). She can't work until she receives her EAD (Work permit). Just having a SSN doesn't allow her to work.

 

For the AOS, you submit the I-485, and same time you apply for EAD/AP (I-765 and I-131). https://www.visajourney.com/content/k1k3aos

 

Edited April 15, 2019 by Ben&Zian

[aaron2020 11,651]

There are two different dates.  1) She has until the expiration date on her visa to enter the US.  The expiration date is usually 6 months after the medical exam.  2) Once she enters the US, she has 90 days of authorized stay and during which she must marry to satisfy the terms of her K-1 visa.  The 90 days starts once she enters the US.

 

SHE SHOULD ABSOLUTELY NOT RETURN TO THE PI.  IF SHE DOES, THEN YOU DID THE K-1 FOR NOTHING.  SHE WILL BE STUCK OUTSIDE THE US FOR 12-18 MONTHS WHILE YOU START A NEW PROCESS FOR A SPOUSAL VISA.

 

After entering on the K-1 and marriage, she has to file AOS for a green card.  It will take 5-7 months for her to get her EAD/AP which allows her to legally work and travel internationally without abandoning the process. 

 

Having a SSN does not make her good to go.  She would need an EAD which takes 5-7 months AFTER filing for AOS to get in order for her to legally work.  

 

As to which documents she needs to legally stay in the US?  STUDY THE AOS GUIDE.  All the information you need is in there.   

 

 

[Roel 7,193]

Time line:

1. Receive k1 Visa. 

2. Enter US. 

3. Apply for SSN (this is NOT work permit)

4. Get married (you have 90 days)

5. File AOS packet. It will take about 12 months to approve. Include forms for work and travel permit. 

6. Travel/work permits will arrive in about 4 - 6 months. She CANNOT LEAVE US OR WORK UNTIL SHE HAS THIS DOCUMENT IN HAND. IF SHE LEAVES US ALL YOUR WORK WILL BE FOR NOTHING. 

7. Wait for green card. Once she had a green card she is a conditional legal resident. Emphasis on "conditional".

8. Fast forward 2 years - you need to file forms to remove those conditions. Read about ROC process because it's important to start gathering documents through your whole marriage!

9. File for citizenship when eligible. That's when your fiance will be truly "good to go". 

[Zoeeeeeee 797]

3 hours ago, aaron2020 said:

 1) She has until the expiration date on her visa to enter the US.  The expiration date is usually 6 months after the medical exam. 

I thought that the expiration date on the visa is 6 months from the date the visa is issued...so if you had your medical in January, and had your visa interview in March, your visa expiry date would be in September (rather than July, which is when it would expire if it was based on the medical interview dates)?

 

I don’t have my visa yet, so please let me know if I’m wrong, but that was my understanding from reading threads etc on here?

[Letspaintcookies 2,310]

23 minutes ago, Zoeeeeeee said:

I thought that the expiration date on the visa is 6 months from the date the visa is issued...so if you had your medical in January, and had your visa interview in March, your visa expiry date would be in September (rather than July, which is when it would expire if it was based on the medical interview dates)?

 

I don’t have my visa yet, so please let me know if I’m wrong, but that was my understanding from reading threads etc on here?

Nope. The visa expiration date goes with the medical date. The medical is valid for 6 months. As soon as it expires so does the visa.

Edited April 15, 2019 by Letspaintcookies

[Zoeeeeeee 797]

1 hour ago, Letspaintcookies said:

Nope. The visa expiration date goes with the medical date. The medical is valid for 6 months. As soon as it expires so does the visa.

Thanks for confirming! 🙃