Clarification

[lilQueenP 15]

Seems like I have a hundred questions a day, but that's how this goes, right?

I'm reading old threads about this, but it seems like some things have changed & I want to know what to really expect.

When my fiance comes to the U.S., we need to stop in Miami (from Haiti) to pick up a car that he had his cousin buy. We're then driving the car up to MN (where we'll live).

My questions have to do with employment & driving. My understanding is that when he enters the U.S., they SHOULD stamp/affix an I-94 into his passport that will allow him to legally work for 90 days? Is this correct?

Our plan is to marry legally in the courthouse right away so that we can start the AOS paperwork & have him permanently (as long as his status stays good) able to work here. That SHOULD be done in less than 3 months? Or do we need to worry?

ALSO, since we're planning to drive from FL to MN, can he help me drive? He has a valid Haitian Drivers License. I know he'll need to get one from MN, but that will not be able to be done until we get up here (obviously).

Thanks again VJers, for all your help!

[QueenE 174]

Im pretty sure he cant drive. I dont know the other but for my understanding he cant work until AOS. Im not too sure though

[jkelly07 120]

not true,you have 90 days to get married you can not work until you have work authorization ,after your married you need to file aos adjustment of status, the fee is 1,070 dollars three forms 1-485 for your green card, the 1-765 for work authorization, the 1-131 if you have to traval.this will take about 3 months for approval

[amykathleen2005 441]

Any work authorizations stamps in a passport need to be accompanied by a work visa. A K-1 is not a work visa. You can in some states get a license with a social security number and I-94. You must file pretty quickly to get it though because the I-94 is usually the date they put the license to expire. Then you may need to have your EAD card to apply for one.

The easiest method would be to arrive in the US and get married ASAP. Wait two weeks after arrival (so you are updated in their system). Get social security number, get license. Once you are married you can apply for EAD and AP with AOS right away so hopefully you will have your EAD/AP before your I-94 would expire so you can get a new license if they gave you a short expiration date.

Edited September 17, 2012 by amykathleen2005

[Mogambi 96]

You have some pretty serious misinformation there. Let's try to clear this up.

When he arrives, his K1 visa is used, and they will issue him the I-94. It only allows him to BE here for 90 days in order to get married. He absolutely 100% CANNOT work here under that.

After you are married, you files for Adjust of Status, AOS. That is to get the green card, and that will likely take 6 to 9 months to get, very unlikely you'd get it in 3 months.

But what most people do is to also apply for EAD they call it, at the same time you file for AOS. That is a temporary work permit, and that usually DOES get granted in 3 months, and will allow him to work until his greencard shows up.

As for driving, the US should recognize a foreign driver's license for a period of time, and if he gets his international driver's permit in Haiti, it might help. The real problem is insurance, I doubt he'll be covered on any insurance while driving here, which is pretty dangerous.

[KayDeeCee 4,893]

Seems like I have a hundred questions a day, but that's how this goes, right?

I'm reading old threads about this, but it seems like some things have changed & I want to know what to really expect.

When my fiance comes to the U.S., we need to stop in Miami (from Haiti) to pick up a car that he had his cousin buy. We're then driving the car up to MN (where we'll live).

My questions have to do with employment & driving. My understanding is that when he enters the U.S., they SHOULD stamp/affix an I-94 into his passport that will allow him to legally work for 90 days? Is this correct?

Our plan is to marry legally in the courthouse right away so that we can start the AOS paperwork & have him permanently (as long as his status stays good) able to work here. That SHOULD be done in less than 3 months? Or do we need to worry?

ALSO, since we're planning to drive from FL to MN, can he help me drive? He has a valid Haitian Drivers License. I know he'll need to get one from MN, but that will not be able to be done until we get up here (obviously).

Thanks again VJers, for all your help!

This is the AOS guide: http://www.visajourney.com/content/k1k3aos

He cannot work without his EAD(Employment Authorization Document) or green card and social security number. He should apply for the SSN about 2 weeks after he arrives. The EAD/AP will take about 3 months to receive after filing for them with the I-485 for adjustment of status.

[baron555 934]

Seems like I have a hundred questions a day, but that's how this goes, right?

I'm reading old threads about this, but it seems like some things have changed & I want to know what to really expect.

When my fiance comes to the U.S., we need to stop in Miami (from Haiti) to pick up a car that he had his cousin buy. We're then driving the car up to MN (where we'll live).

My questions have to do with employment & driving. My understanding is that when he enters the U.S., they SHOULD stamp/affix an I-94 into his passport that will allow him to legally work for 90 days? Is this correct?

No, not correct. They will NOT stamp anything; he needs to AOS and get the AP or GC in order to work; nothing else.

Our plan is to marry legally in the courthouse right away so that we can start the AOS paperwork & have him permanently (as long as his status stays good) able to work here. That SHOULD be done in less than 3 months? Or do we need to worry?

ALSO, since we're planning to drive from FL to MN, can he help me drive? He has a valid Haitian Drivers License. I know he'll need to get one from MN, but that will not be able to be done until we get up here (obviously).

Probably not valid; it will depend on each state that you drive through.......Plus.....he will not have any valid insurance in his name.....a requirement in many states.

I'd plan that you and maybe others will drive that car.

Thanks again VJers, for all your help!

[lilQueenP 15]

Okay, so about working:

Get married ASAP

2 weeks later apply for AOS AND EAD. EAD comes first & allows him to work (about 3 months later), AOS & SS Card/number comes 6-9 months later.

Is that correct? I got the misinformation from VJ boards, but none of it seemed to match, so I wasn't sure...

As far as driving, I believe it is correct that he can drive with a Haitian DL. I checked the MN DOT & it is okay here at least. Might have to check the other states we'll be driving through.

Concerning insurance, generally speaking insurance covers the vehicle and a licensed driver. The insurance will be in my name, and if I drive someone else's vehicle, the vehicle is covered, so I don't know why it would be different.

Thanks so much for the help! We're getting there.

Now, what if (this is a little questionable, but I'm throwing it out there) we perform together (we are both musicians). The band gets paid, but he doesn't get paid. I get paid, because I am the USC. Is that going to raise eyebrows? I'm ALREADY a professional musician, already self-employed. So as long as no contracts show that he's receiving any payment, what the band gets paid, is what the band gets paid. Correct? Just want to be sure nothing comes back & kicks his butt.

[KayDeeCee 4,893]

Okay, so about working:

Get married ASAP

2 weeks later apply for AOS AND EAD. EAD comes first & allows him to work (about 3 months later), AOS & SS Card/number comes 6-9 months later.

Is that correct? I got the misinformation from VJ boards, but none of it seemed to match, so I wasn't sure....

Not exactly. He can apply for his SSN about 2 weeks after entry. It takes 7-10 days to receive the SS card, not 6-9 months. http://www.visajourney.com/content/ssn

After you get married, you can file for AOS as soon as you get your certified marriage certificate back from the court. You need a copy of that to file for AOS. You will file the I-485, I-765 and I-131 all at the same time and the fees for the I-765 and I-131 are waived when filing with a pending I-485. Just follow the guide here on VJ for AOS. http://www.visajourney.com/content/k1k3aos

There is also an AOS forum here on VJ too. http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/