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Nick'n'Nat

How much time is enough?

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Filed: K-1 Visa Country: Russia
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Just wondering how late in the 90 days you can go without paperwork problems for AOS. We want to wait for a later wedding date but not wait for her to come to USA.?

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Filed: Citizen (apr) Country: Russia
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Technically you can wait until the last day. And you can file AOS paper work any time after that because all over stays are forgotten when marriage to a US citizen occurs. But I wouldn't push it too much. There were many stories of concern on here in years past about filing way after 90 days, but everyone did fine. Ideal of course is to file your paperwork and be married with in the 90 day scope. We didn't file until about 80 days after her arrival and a week after marriage and honeymoon.

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Filed: K-1 Visa Country: Russia
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Thanks Sat, though we have some differing opinions, I appreciate your continued support in everyones case. The reason I bring it up is people have said they had problems with SSN and the I94 thing, but I forgot how many days it was, I think 14 or something like that. Tasha wants to go to Vegas and so do I, but she will be 21 in July, that means if she comes in April it will be about 60 or 70 days, I just want her to have a nice wedding and still not have probs on the SSN and AOS. Thanks again Sat, your advice has been very helpful in this process of bringing my love home to me. Me and Tasha want to go wild in Vegas and have fun, but that requires her to be 21 at the time, so we are planning around her birthday. :D

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Just wondering too....

Is there any way to stay past the 90 without getting married? I know the K-1 is a Fiancee visa, with the intention that the person is arriving strictly for the purpose of getting married to the USC.

It just scares me that I have to get married in less than 90 days. I would like to have at least 6 months or more, but I know we may be like "well, day 89... let's do this!"

Have any of you ever heard of USCIS granting an extension?

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: K-1 Visa Country: Niue
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Just wondering too....

Is there any way to stay past the 90 without getting married? I know the K-1 is a Fiancee visa, with the intention that the person is arriving strictly for the purpose of getting married to the USC.

It just scares me that I have to get married in less than 90 days. I would like to have at least 6 months or more, but I know we may be like "well, day 89... let's do this!"

Have any of you ever heard of USCIS granting an extension?

Slim

With all due respect, I hope you are joking. She is leaving her country and family and you want to do this as a test. In my humble opinion; go for broke-put everything you have into making this work and invest totally in the marriage and your new life. If not, cancel it now. Don't believe the horror stories.

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Filed: Citizen (apr) Country: Russia
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Nick'n'Nat,

Wasn't Natasha already here in the US working for you in the past? If so, she should have already had a SSN and there is no need to apply for another one. You should confirm this on the main board for adjustment of status. I suppose she could tell the Social Security Office about the changes in her status, but the number itself should be the same. I just don't know what the the SS card looks like when you arrive on a J visa. Is it also the "not valid without DHS authorization"? Social security seems to favor you rushing there two weeks after your arrival and getting a card in your maiden name before marrying on the K1. Then returning for an update after you get married (change last name) whenever that is. And then returning again after you get your greencard. Although you are right, people have had a lot of strange issues with SS, mostly because they apply after marriage for the first time and that technically makes their K1 invalid since they are no longer a fiancee, and then SSA requires an EAD or greencard, rather then just accepting the NOA1 for AOS. Ours went without any problems and we did it in the order described above.

Slim,

Waiting past 90 days is going to be an uphill battle to complete AOS since you technically violated the terms of the K1 visa. There might be some way to file an I-130 and wait for it's adjudication here in the US and eventually the overstay will be forgotten for marriage to a USC without having your wife start over. But the actual 90 day marriage deadline I wouldn't recommend messing with.

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Filed: K-1 Visa Country: Russia
Timeline

Natasha actually left early during her J1 visit and never got the SSN, so we will just go get the SSN in maiden name after a couple weeks and then again after getting married, but the real question I had was about the stamp from New York, is that the real reason that the SSN is issued easier? In other words if she goes through Chicago instead of New York, will it make it impossible to get SSN using the I94?

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With all due respect, I hope you are joking. She is leaving her country and family and you want to do this as a test. In my humble opinion; go for broke-put everything you have into making this work and invest totally in the marriage and your new life. If not, cancel it now. Don't believe the horror stories.

Agreed, just a little cold feet I guess. It just really scares me to get married to a woman that I've only lived with for about a month and a half total. I would NEVER EVER EVER marry a woman here that quickly. Even though we've had a huge amount of communication over the last 6 years and I really do feel like I know her and want to spend my life with her, have the family, etc..... I'm just scared, and would love to have the option of playing it safe. But, like you said...... GO FOR IT!!!! And that's what I'm going to do.

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: K-1 Visa Country: Niue
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With all due respect, I hope you are joking. She is leaving her country and family and you want to do this as a test. In my humble opinion; go for broke-put everything you have into making this work and invest totally in the marriage and your new life. If not, cancel it now. Don't believe the horror stories.

Agreed, just a little cold feet I guess. It just really scares me to get married to a woman that I've only lived with for about a month and a half total. I would NEVER EVER EVER marry a woman here that quickly. Even though we've had a huge amount of communication over the last 6 years and I really do feel like I know her and want to spend my life with her, have the family, etc..... I'm just scared, and would love to have the option of playing it safe. But, like you said...... GO FOR IT!!!! And that's what I'm going to do.

Slim

I have total respect for you fears and your cold feet. The venture we are embarking on is riskey but the rewards are plentiful. You never truely know someone you date; even if you live together for years. I, personally, judge my lady by her character, her history with her children, her work ethic and the beauty I see within her. Maybe I am totally wrong; I will move to Russia, give up my very profitable business, maybe make a complete ash of myself and fail-but I will have invested everything-she deserves nothing less.

Oh, get some "foot warmers" for those cold feet :devil:

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It is so hard to say no to these girls!!!

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: Country: England
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Oh, get some "foot warmers" for those cold feet :devil:

Slim, your lovely fiancee will be your foot warmer!!! Come on big guy...you are tough...suck it up and dive in...it will be magnificent!!!! :yes:

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I know, I know.

It is going to be good.

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: Timeline
Thanks Sat, though we have some differing opinions, I appreciate your continued support in everyones case. The reason I bring it up is people have said they had problems with SSN and the I94 thing, but I forgot how many days it was, I think 14 or something like that.

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be

assigned an SSN and issued a card. After that time she will need an EAD

or I-551 card to establish authorization to work. Before that time the

I-94 showing K-1 status is the document that establishes authorization

to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will

assign an SSN and/or issue a card and the 14 day limit applies even if

she passes the 76th day while waiting for her status to be verified.

The SSA office will try to verify her status through the SAVE system

while she is in the office. If they can't, they will send a form G-845

to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that she go back to the

SSA office no more than once a week with your documents to (1) ask them

to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come

back (4) after 30 days ask if they have followed up on the G-845 by

calling or sending another mark "second request."

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203720

RM 00203.720 Verifying Immigration Documents

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

-----------------------------------------------------------------------------------------------

After having waited at least 30 days and your local SSA office doesn't

seem concerned about following up on the G-845 she can try contacting

the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving

the Form G-845. If DHS does not respond within 15 federal work days from

the receipt of the G-845 from SSA, follow-up with the DHS, USCIS

Immigration Status office. (Allow 15 days plus five additional federal

work days of mail time for the G-845 to be received at and returned from

DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an

arrangement with the DHS, USCIS office to telephone for the follow-up

contact; other SSA offices send a copy of the original G-845 annotated

“second request.”) If the DHS response is still not received within 15

federal work days after the follow-up contact (if the follow-up is by

mail allow five additional federal work days of mail time for the G-845

to be received at and returned from DHS), make a second follow-up

contact. If the DHS response is not received within 15 federal workdays

(again, if the follow-up is by mail, allow five additional federal work

days of mail time for the G-845 to be received at and returned from

DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a

serious deviation by DHS from the above time frames. The RO will consult with central office.

------------------------------------------------------------------------------------------------

Suggest that she take birth certificate, passport and I-94 when

going to applyn maiden name. That should cover age, identity and work authorized alien status.

When applying for the name change proof of age is not required.

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203001

RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age,

identity and work authorized lawful alien status.

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203020

RM 00203.020 Number of Documents Required for an SSN Card

2. Original (and new SSNs)

At least two documents are required and should be requested.

b. Aliens

A foreign born individual should always be requested to submit a foreign

birth certificate if one is in his/her possession or if one can be

easily obtained. However, if a foreign birth certificate does not exist

or cannot be obtained, accept alternative evidence of age.

The DHS document (e.g., I-551, I-94, or an employment authorization

document) establishes lawful alien status or work authorization and

either identity or age. If the DHS document is used to establish alien

status and identity, the alien must provide another document, such as a

passport or birth certificate, to establish age.

-----------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203200

RM 00203.200 Evidence of Identity for an SSN Card

-----------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are

authorized to work in the U.S. without specific authorization from DHS.

The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.210 Changing Numident Data

The applicant may submit either:

One legal name change document showing both the old and new names (e.g., a court order for a

name change or a marriage document. The document must also show either (1) a description or

photograph of the person or (2) biographical information that can be compared with the Numident data; or

When the name change document does not show either a photograph of the person or biographical

information that can be compared with the Numident data, then, in addition to the name change

document, the applicant must also submit two identity documents listed in RM 00203.200E. One of

the submitted identity documents must show the old name (the name on the latest Numident record)

AND the other submitted identity document must show the new name (the name to be shown on the corrected SSN card). The identity documents submitted must show either a photograph of the applicant or

provide biographical information that can be compared with the Numident data.

EXAMPLE: Grace Russell submits a marriage document that does not show any biographical

information for her, just her name and the name of her new husband, Daniel Reeder. To support her request

to change her name to Grace Reeder, she must submit, in addition to the marriage document

supporting the reason for the name change, two identity documents (both of which need to either provide

some biographical information that can be compared to the Numident or a photograph that can be

compared to the applicant during the interview). Grace submits a Maryland driver's license in the new

name (Grace Reeder) and a U.S. passport in the old name (Grace Russell).

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin

Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name

(surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she

may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage

document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname. The marriage document alone can be accepted as evidence of identity for both

the old and new names when it meets the criteria described in RM 00203.200G.2.

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with

the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical

description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that

can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth,

or parents' names).

------------------------------------------------------------------------------------------------

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's

legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume the name on the immigration document is the

legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that

occurred after the immigration document was issued.

Note: Also need proof of work authorized alien status.

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203450

RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card

POLICY - GENERAL

Each alien lawfully admitted as a nonimmigrant should have an unexpired

DHS document as evidence of his/her status. An DHS letter, receipt, copy

of an application form or any document not listed in this subchapter is

not acceptable evidence of alien status in lieu of the appropriate DHS

document.

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203030

RM 00203.030 Requesting Documents for an SSN Card

B. POLICY - FORM OF EVIDENCE

Evidence must be:

The original document, or a copy certified by the issuing agency or

custodian of the original record.

Uncertified photocopies and notarized copies are not acceptable.

A receipt from DHS showing the alien applied for the document is also

not acceptable. The applicant must present the actual document.

----------------------------------------------------------------------------------------------------------------------------

If they can verify her K-1 status with maiden through SAVE; this should stop them from sending the G-845 when applying with married name within the 76 day period and marriage certificate has her age or date of birth:

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

E. PROCEDURE—ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH IMMIGRATION DOCUMENT

1. Name

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old Name

In some cases, the applicant may have changed his/her name after DHS

issued the immigration document (e.g., he/she has married and is now

using the spouse’s last name) but does not present an immigration

document showing the new name. In these cases, the DHS system reflects

the new name only when the person provided the name change information

to DHS and requested to have his/her immigration record changed to show

the new name.

When the SAVE query response shows the old name that is shown on the

immigration document presented and not the new name on the identity

document presented, do not consider this a name discrepancy for

enumeration purposes. See RM 00203.200 when the applicant presents an

identity document in the new name that is more recent than the

immigration document to determine if the identity document is

acceptable. Tell the applicant he/she must report the name change to DHS

so that DHS can update its records.

NOTE FROM ME: Procedure tells the SSA office to tell you to report the name change to DHS, not that it can't be processed and that is just what she will be doing when the AOS is submitted with the married name.

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  • 1 year later...
Filed: AOS (apr) Country: Russia
Timeline

** Just thought I'd bump this thread **

Again, I was just brousing old posts and found this one. It was an interesting read (especially the bit about Slim's cold feet :P ) with good info that might be relevent for current Journeymen. By the way, what ever happened to Nick and Nat? They just seemed to disappear after approval.

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

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Thanks for bumping this thread back, @$$#0le!

I did read it with a big grin on my face though, what with all the recent "it sucks around here" posts and the "why doesn't my wife love me" and "how can I make her happy" posts going on. (Who was that?)

See! I knew better back then! I should've listened to myself and those cold feet and brought her over for the 90 and then shipped her @$$ right back home. "Thanks for the free booty!"

Naw. In reality, looking back at this thread I realized the 90 days is probably the reason we're still married now. Once you're married, it's too late! You've gotta make it work. If we had a year or two to get married we probably never would've done it. So, thanks USCIS! Now how do I keep her happy you smart-@$$ govt. guys?

In related news we went car shopping yesterday and picked up a new Chevy Cobalt. Got a pretty decent deal on it so now it's off to buy a nice helmet, a 5-point harness system and figure out how the airbags work. On second thought, I'll just let her drive alone. Safety first!

And no, I'm not going to be rooting for Jeff Gordon or Jimmy Johnson just because we bought a Chevy. I don't care how nice the car is. I'll never ever, ever, ever, ever, be screaming at my TV set saying "Go Rainbow Warriors! GO! GO! GO!" (I may be yelling some "boogity, boogity, boogity" later today though!)

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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