AOS question K1 for preparations

[LaLaRI 33]

Hi all!

 

 

(k1)

 

new here on this side! Waiting for my fiancé to arrive ☺️ (July 17) currently getting his Visa revised due to a missing letter on my last name (petitioner, under the annotation)  we didn’t want to take the risk of being rejected so we sent it back to USEM. My question is we have a set date to get married on OCT 13, does the AOS need to be filed within the 90 days? Or ok to file a week or two weeks after I know we need to marriage certificate for the package. From the Philippines forum it was also advised to file for his SS# first after arrival. Any other tips?? Does the AOS timeline depend on where you’re at? (In California) what’s the average lately even for just Employment Authorization?

 

thank you!

[Crazy Cat 41,845]

1.  You must marry within 90 days of K-1 entrant's arrival in the US. 

2.  Once the K-1 entrant's I-94 expires (90 days after arrival), he/she is out of status and technically subject to deportation (see #3 below).

3.  Once the I-485 is filed, he/she is granted authorized stay until the I-485 is adjudicated.

Edited May 21, 2019 by missileman

[Eva_AJ 80]

7 minutes ago, LaLaRI said:

Hi all!

 

 

(k1)

 

new here on this side! Waiting for my fiancé to arrive ☺️ (July 17) currently getting his Visa revised due to a missing letter on my last name (petitioner, under the annotation)  we didn’t want to take the risk of being rejected so we sent it back to USEM. My question is we have a set date to get married on OCT 13, does the AOS need to be filed within the 90 days? Or ok to file a week or two weeks after I know we need to marriage certificate for the package. From the Philippines forum it was also advised to file for his SS# first after arrival. Any other tips?? Does the AOS timeline depend on where you’re at? (In California) what’s the average lately even for just Employment Authorization?

 

thank you!

DEFINITELY need to apply for AOS before the 90 days. Preferably at least 10 days prior the 90 days expires as there was recetly topic on this forum about someone who hasn't filed and not even 2 weeks after the 90 days they were checked by police during some routine car check and they were sent to jail! Even if you just go do court house wedding so you have the marriage certificate and on Oct 13 have your celebration wedding

[Crazy Cat 41,845]

Agree that an early courthouse wedding might be a good idea.

[Boiler 45,482]

4 to 6 months? for EAD so the sooner the better.

[Eva_AJ 80]

@missileman said it much better and less rambling  and about SSN there is guide about it on here also. You should do it after 2 weeks after arrival (so your fiancé is in the system) but not too close to the end of I-94. 

 

I would try to get your fiancé on as many your legal documents you can - health insurance, car insurance, credit card, bill, etc. Those are the documents that USCIS likes to see on AOS because they are hard to fake

[LaLaRI 33]

1 hour ago, Eva_AJ said:

DEFINITELY need to apply for AOS before the 90 days. Preferably at least 10 days prior the 90 days expires as there was recetly topic on this forum about someone who hasn't filed and not even 2 weeks after the 90 days they were checked by police during some routine car check and they were sent to jail! Even if you just go do court house wedding so you have the marriage certificate and on Oct 13 have your celebration wedding

 

1 hour ago, missileman said:

Agree that an early courthouse wedding might be a good idea.

Good to know! Thank you!

 

 

57 minutes ago, Eva_AJ said:

@missileman said it much better and less rambling  and about SSN there is guide about it on here also. You should do it after 2 weeks after arrival (so your fiancé is in the system) but not too close to the end of I-94. 

 

I would try to get your fiancé on as many your legal documents you can - health insurance, car insurance, credit card, bill, etc. Those are the documents that USCIS likes to see on AOS because they are hard to fake

Those are the documents needed for the interview correct? I had a friend that didn’t even go through the interview! I didn’t know that possible they were ready coz they were already expecting. 

 

 

Thank you all! 

So get married courthouse file the AOS before the 90 days. The 6 month visa is only for entry into US right? It doesn’t include the 90days within the visa time? 

 

You guys are awesome!

[Crazy Cat 41,845]

34 minutes ago, LaLaRI said:

So get married courthouse file the AOS before the 90 days. The 6 month visa is only for entry into US right? It doesn’t include the 90days within the visa time? 

Once a person enters the US via a K-1, the visa is voided since it is a one-time use........then the new immigrant then has 90 days to marry........at the end of that 90 days, the I-94 will expire.....This is what I would do (for what it's worth):

1.  Enter the US prior to expiration of the K-1 visa

2.  Apply for a SSN very soon after arriving

3.  Apply for a marriage license and marry at a courthouse early.

4.  Apply for Adjustment of Status (before the expiration of the I-94)

5.  Enjoy my planned "wedding" on October 13th.

 

That is one way of doing it.  Only you can decide what is best for you.

Edited May 21, 2019 by missileman

[LaLaRI 33]

2 hours ago, missileman said:

Once a person enters the US via a K-1, the visa is voided since it is a one-time use........then the new immigrant then has 90 days to marry........at the end of that 90 days, the I-94 will expire.....This is what I would do (for what it's worth):

1.  Enter the US prior to expiration of the K-1 visa

2.  Apply for a SSN very soon after arriving

3.  Apply for a marriage license and marry at a courthouse early.

4.  Apply for Adjustment of Status (before the expiration of the I-94)

5.  Enjoy my planned "wedding" on October 13th.

 

That is one way of doing it.  Only you can decide what is best for you.

Ahhh I see perfect. Thank you for the clarification and scenario breakdown ☺️

[LaLaRI 33]

How soon can you file for SSN?? 

We’re planning a courthouse wedding to get the AOS going but I should have a marriage certificate official copy included right? How

long does that usually take in CA to receive??

[DaveAndAnastasia 2,092]

11 hours ago, LaLaRI said:

How soon can you file for SSN?? 

As soon as your I-94 record shows up in the system. Anastasia applied for hers two days after arriving in the US, and didn't have any problems.

 

11 hours ago, LaLaRI said:

We’re planning a courthouse wedding to get the AOS going but I should have a marriage certificate official copy included right? How

long does that usually take in CA to receive??

It depends on the county. Contact the county clerk / recorders office where you want to marry to find out. It's recommended to not marry in LA county, as they can be slow both for getting appointments for civil ceremonies and for sending out certified copies of your marriage certificate (the original is filed with county clerk's office where you marry; you don't get it). Since according to your profile, you're in Orange County, and OC has some of the lowest fees for marriage licenses and civil ceremonies in coastal southern CA, you should probably marry there.

[LaLaRI 33]

1 hour ago, DaveAndAnastasia said:

As soon as your I-94 record shows up in the system. Anastasia applied for hers two days after arriving in the US, and didn't have any problems.

 

It depends on the county. Contact the county clerk / recorders office where you want to marry to find out. It's recommended to not marry in LA county, as they can be slow both for getting appointments for civil ceremonies and for sending out certified copies of your marriage certificate (the original is filed with county clerk's office where you marry; you don't get it). Since according to your profile, you're in Orange County, and OC has some of the lowest fees for marriage licenses and civil ceremonies in coastal southern CA, you should probably marry there.

Thanks! 

 

Im what does my fiancé need to bring to the SS office??

[DaveAndAnastasia 2,092]

31 minutes ago, LaLaRI said:

Thanks! 

 

Im what does my fiancé need to bring to the SS office??

Just her passport and a printout of the I-94 from her entry into the US. Note that a K-1 beneficiary is a legal alien allowed to work; you're in theory able to get an EAD in the 90 days the K-1 is good for (in practice, you can't because it takes too long, but that you're eligible to do so means you're eligible for an SSN).

[LaLaRI 33]

On 7/24/2019 at 1:24 PM, DaveAndAnastasia said:

Just her passport and a printout of the I-94 from her entry into the US. Note that a K-1 beneficiary is a legal alien allowed to work; you're in theory able to get an EAD in the 90 days the K-1 is good for (in practice, you can't because it takes too long, but that you're eligible to do so means you're eligible for an SSN).

 

Hi again!

 

fiancé is currently at the Social security office trying to apply for his SS# but some issue came up about mismatched info so they are trying to confirm with Homeland security regarding this. My question is since the petitioner is the female would he have an issue with attaining his SS# after marriage? We’re scheduled to get married at a courthouse this coming Thursday I know with the female as the beneficiary would have issues at the SS office because of name changes so they have to wait until AOS if not done before marriage. Anyone’s input would be greatly appreciated! 

[DaveAndAnastasia 2,092]

13 minutes ago, LaLaRI said:

 

Hi again!

 

fiancé is currently at the Social security office trying to apply for his SS# but some issue came up about mismatched info so they are trying to confirm with Homeland security regarding this. My question is since the petitioner is the female would he have an issue with attaining his SS# after marriage? We’re scheduled to get married at a courthouse this coming Thursday I know with the female as the beneficiary would have issues at the SS office because of name changes so they have to wait until AOS if not done before marriage. Anyone’s input would be greatly appreciated! 

He shouldn't have a problem (though actually either partner -- or both -- can change his or her last and/or middle name with marriage in CA), though I've heard of a few people who had problems after they were married even without a name change (because the SSA person handling the case got confused about their status).

 

Even post-marriage with a name change (your legal status hasn't changed, and a marriage certificate is a legal name change document), it should be okay in theory, but in practice many people have so many problems they end up just waiting until AOS or EAD.