ENTERING THE UNITED STATES ON A K-1 VISA

The airline staff ask if I need a visa waiver or if I'm traveling on a visa. Which form should I ask for? 
You are entering on a visa. You will need to fill out the "white" form. This will have the I-94 attached. This should be filled out at the departing airport or on the plane. Don't wait until you arrive in the US to fill it out or it may delay you. 

1. Get a Social Security Number (SSN):

Upon entry, a K1 is eligible to obtain a SSN upon presentation of a valid I-94 (wait 2 weeks before applying)

Preparation: 

Download the Following Form:
Application for a Social Security Card (SS-5): http://www.visajourney.com/forums/index.php?autocom=custom&page=otherforms
The above form can be filled out on your computer and printed. Make sure you sign and date it as required. Anything you cannot fit by typing, you can handwrite after you print it (very neatly) in black ink instead.

Print the following webpage out (K-1 Visa Holder Only); pay attention to section C: Employment Authorization for Nonimmigrants RM 00203.500 - https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500
Your local Social Security Agency (SSA) Office:
SOCIAL SECURITY
1100 E HOLT BLVD
ONTARIO, CA 91761 
Phone Numbers: Toll-Free 1-800-772-1213
MONDAY - FRIDAY:09:00 AM - 04:00 PM (Except Federal Holidays)
Reminder:
On the visa application Form DS-230, you saw the following offer:

"Do you want the Social Security Administration to assign you an SSN (and issue a card) or issue you a new card (if you have an SSN)? You must answer "Yes" to this question and to the "Consent To Disclosure" in order to receive an SSN and/or card."

Please note that this program is ONLY for Immigrant Visa holders (CR-1, etc). If you checked this box, a Social Security number will NOT be generated for you if you are a K-visa holder. As a K-visa holder, use the following guide to get your first, or replacement, Social Security number/card.	

The Application Process:
As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN:
1. The SS-5 form you downloaded and filled out (they have some at the office if you forget)
2. Your Passport (with the K-1 Visa in it) 
3. Your valid I-94 
4. Another form of valid ID (as defined in the SS-5 instructions) 
5. You should also bring the document RM 00203.500 that you printed out
Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not, you could be turned away incorrectly.
Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

2. Apply for marriage certificate
3. Get married - make sure they will issue license at the time of marriage, and request they give us the document, rather than sending it in... then take the document ourselves to get it registered.
4. Change name on SSN - Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name.
5. Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD (allows you to work - will need to reapply every year until your AOS application is approved) and AP (allows you to leave the country on a vacation / trip while your AOS application is being processed) at this time. 
Here are some tips about the filing for Adjustment of Status for K-1 Fiance Visa holders 
When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need an I-693A. This is USCIS'S VACCINATION SUPPLEMENT. Here's where it gets tricky! Some people have submitted a DS-3025 [Department of State's vaccination worksheet (or at least an official copy)] with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693A. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination supplement. 

The civil surgeon should give you an I-693A documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

+ Always send in your vaccination supplement and medical copies (if obtained) with your AOS. Some countries don't give you any copies of that, so be sure to get them again from a civil surgeon in the USA. It might cost a few dollars.
If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV certify the form (and seal it in an evelope) [have your vaccination information transcribed to Form I-693]. Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations: http://www.cdc.gov/mmwr/PDF/wk/mm5753-Immunization.pdf that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you. Do NOT open the envelope! Do not accept it if it is not in a sealed envelope. USCIS will return the form to you if it is not in an envelope or if the envelope has been opened or altered. The applicant, not the civil surgeon, is required to submit the Form I-693 to USCIS. Submit Form I-693 together with your Form I-485
Also file a I-765 (Employment Authorization Document), and I-131 (Advance Parole). This form may be needed to allow your new wife to travel outside of the USA. Submission of these I-765 & I-131 forms at this time should not cost anything extra, but will cost you if you submit then separately later on.

Apply for "Adjustment of Status" (I-485) with an application for work authorization (I-765) -- the EAD once issued will be good for one year. BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD "adjustment applicant". Since the official policy is to apply via mail for your Adjustment of Status Package (which your EAD application will be submitted with) the EAD application will be processed in about 60-90 days (the typical processing time for filing via mail). The fiance(e) will be notified to appear in person to be photographed and fingerprinted at some point (a biometrics appointment) for the EAD processing to be completed. Your EAD will be generated and mailed to you shortly after.
When filing by mail, "priority mail with delivery confirmation" is the preferred method. Always keep a copy of what you have filed.

IF your forms include an I-485: http://www.visajourney.com/forums/index.php?autocom=custom&page=adjustmentforms AND an I-485A, forget the "A" one...it is used for other types of applications for adjustment, such as assylum...you ONLY need to file the regular I-485 Form, not the A supplement.
How to get the forms: You can use forms downloaded from the USCIS website if they are printed on good quality paper with a good printer quality. You can also download: http://www.visajourney.com/forums/index.php?autocom=custom&page=downloads free fillable forms on this site.
Other things you will need: passport-style pictures (see specification: http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf ), copy of the passport, copy of the k-1 visa (and NOA2), copy of the I-94 form (both sides), copy of the fiance's birth certificate, PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this. The rule is, if your income is not 125% of the poverty level for your family, you will need additional financial documentation. HOWEVER, if you read the form instructions carefully, it states that while they do NOT require additional financial information IF you have at least 125% of the poverty level, it says the USCIS can still ask for that information if they want (new poverty guidelines go into effect in the Spring of 2010!)... so in order to potentially avoid future questions, many people include financial information, including bank letter, letter from stockbroker, letter regarding mortgages, copy of deeds to a property, and any other financial assets... etc. It is far better to include too much information rather than not enough. Although USCIS does not charge a fee for this form, the Department of State does charge a fee of $70 when the Affidavit of Support is reviewed domestically. The NVC processes immigrant visa petitions after the U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS) approves them. When the immigrant visa case is current or about to become current, the NVC will send a bill to the petitioner asking him/her to pay an Affidavit of Support processing fee. The NVC will send the bill along with instructions on where and how to pay the bill.

How long will I have to wait for an EAD, advance parole, and adjustment of status: You can check time here: http://www.visajourney.com/forums/index.php?autocom=custom&page=times
Where to file the forms: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=29d841959f607210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD you must in most cases (see exceptions: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD ) file at the Chicago Lockbox for K1/K3 applicants. You will receive a receipt (Notice of Action) in the mail for your application once they receive and process it.
After Filing: What to do?

Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued.
After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions! 
Your spouse may also be required to have a medical sometime during the AOS process. The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one. The medical exam can cost anywhere from $100-200 dollars, many physicians will not take a check, but only accept cash. Be prepared of the cost before your spouse gets this done. It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis. If they do the skin test for TB, they will be required to return to the CIS doctors office to have the site checked before they finish the exam paperwork. Note: Some CIS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment, check with your CIS office to see how they handle CIS medical exams before filing your AOS paperwork. 
Your spouse will be required to have biometrics taken at some point including fingerprints and photo's. This can typically precede the interview date by up to 15 months, however is usually much closer. Eventually you will receive a letter from the CIS informing you of your interview date. You and your spouse will need to bring supporting evidence of the relationship... i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any etc. Also, it is very important to bring the current passport of the applicant, as the CIS will stamp his/her passport with the I-551 stamp if they are approved. This stamp is proof of permanent residency that can be used until they receive their greencard. This normally can take up to six months. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. 
Evidence of a Bonifide Marriage 
	
1.	
Documentation showing joint ownership or property; or	

2.	
A lease showing joint tenancy of a common residence; or	

3.	
Documentation showing co-mingling of financial resources; or	

4.	
Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or	

5.	
Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or	

6.	
Any other relevant documentation to establish that there is an ongoing marital union.	

(health insurance, life insurance policy, add her to auto insurance as a “non-rated” driver…joint checking account,..)	
6. Interview for AOS (I-485 approval) - Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later.
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring, by filing Form I-751: Petition to Remove the Conditions on Residence. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.