AOS possible bad info from USCIS??

[dave68 0]

Hello,

My fiance has been approved on a K-1 Visa. I expect her to be in US in next several weeks. Due to my confusion with work authorization I called USCIS, or Bureau of Citizenship. I forget which sorry.

They told me fiance will have form stamped at JFK authorizing her to work. When we marry it will void this. We then will have to adjust status, and work authorization which the woman told me is taking 4-6 months. Not sure if this is right, or not.

She also told me I will have to file I-130?? Along with I-485, I-765, and I-693A for medical. I questioned her on the I-130, but she says I need to file this also. I already filed I-129F for the K-1, and everything is done. Anybody have any idea about this?? Thanks, dave

[kim&james 0]

She was an idiot.. but hence it is called the mis information line...

check the guides on the top of this page..

Your fiance will be employment authorised for the duration of her I-94 (90 days). After this and when you file your AOS - without the i-130 (not needed for your situation), she will need the EAD. If filing after july 30th this will be included in the new fee structure.

EAD usually takes 90 days.

You just have to marry within the first 90 days. Make sure that you apply for a SSN before day 76ish, but wait a week or two to make sure she is in the system from her arrival date.

best of luck

Edited June 19, 2007 by kim&james

[dave68 0]

Thanks for the info on the I-130. I thought she was wrong!! So between the I-94, and when we get the EAD she can not work? Tough to pull it off in that short of a time. The good news is she picks up her visa tomorrow! Time for more AOS study. Downloaded form SS5 from social security website.

[cellarlily 0]

She will only be authorized to work if she enters through JFK, though. No other entry points are giving out the stamp, but it will be valid for the full 90 days that her I-94 is valid. If she does not get her EAD in that 90 days, she will be ineligible to work for a week to a month (or more), so it's very important to send off the package right away if work issues are very important.

Edited June 20, 2007 by cellarlily

[mybackpages 0]

For those of us K-1 filers that filed in March (AOS and EAD), the EAD is taking about 2 and a half months to be approved. Hopefully they won't slow down by the time you apply.

[dave68 0]

Thanks for the info. She is coming through JFK. I told her she will probably have to be prepared to either not work until after AOS, or work a job, and be prepared to take leave of absence.