After interview and beyond!!

[markjbankover 1]

Apologies if there is a current thread running but I've been unable to find anything relating to my questions.

I'm guessing I'm thinking ahead now, with my interview date the 5th November, and my planned departure to Boston being Monday 10th December, I guess I want to clarify a few points.

My fiancée and I will be getting married a few days later. From here it's adjustment of status.

I really just want to know what are the processing times, can I work, how do I go about working when I arrive, what are the legal requirements and so on.

Thanks in advance

[bt1 42]

Apologies if there is a current thread running but I've been unable to find anything relating to my questions.

I'm guessing I'm thinking ahead now, with my interview date the 5th November, and my planned departure to Boston being Monday 10th December, I guess I want to clarify a few points.

My fiancée and I will be getting married a few days later. From here it's adjustment of status.

I really just want to know what are the processing times, can I work, how do I go about working when I arrive, what are the legal requirements and so on.

Thanks in advance

You cannot work ( i.e. it is illegal to work) until you get either your EAD (i.e. work permit) or GC. Both take several months to get. You apply for both EAD and GC at the same time and usually the EAD arrives, on average, a month before the GC. The only thing with EAD is that it is only valid while your I-94 is also valid (which is 90 days of your arrival in the US), so in essence, the EAD is almost useless as it takes so long to receive and by that time, most I-94s have already expired. Realistically, you will not be legally able to work until you receive your GC and that is taking around 4-5 months from the day of application submission.

[markjbankover 1]

Thanks for the reply.

Wow really, so I know when you submit the paper work you can submit he EAD form, and that takes in itself 4-5 months, this wont arrive sooner ?

[LeftCoastLady 441]

In addition to what bt1 noted, you can start looking ahead to the adjustment of status and ensuring you bring with you the documentation needed to file. I can't find the original thread where this was posted, but Nich-Nick created a Google Doc that lists what's needed when filing the AOS/EAD/AP paperwork.

Be sure to bring over a copy of your birth certificate, for example...and be prepared to get a few more passport-sized photos when you're in the US.

Apologies if there is a current thread running but I've been unable to find anything relating to my questions.

I'm guessing I'm thinking ahead now, with my interview date the 5th November, and my planned departure to Boston being Monday 10th December, I guess I want to clarify a few points.

My fiancée and I will be getting married a few days later. From here it's adjustment of status.

I really just want to know what are the processing times, can I work, how do I go about working when I arrive, what are the legal requirements and so on.

Thanks in advance

[bt1 42]

Thanks for the reply.

Wow really, so I know when you submit the paper work you can submit he EAD form, and that takes in itself 4-5 months, this wont arrive sooner ?

EAD usually arrives in around 3 months, but by then, your I-94 expires so it really is useless. Nonetheless, I would encourage you to apply for it at the time you submit your paperwork for you GC (there is no extra charge if you submit the two applications together) as there is nothing to loose and there is always a chance that it may get approved sooner, you never know.

[RichF 13]

As far as I am

Aware the EAD has an expiry day of its own.

If you are applying for AOS and the EAD and AP together the I-94 has no reference to EAD expiry.

[Nich-Nick 3,353]

Apologies if there is a current thread running but I've been unable to find anything relating to my questions.

I'm guessing I'm thinking ahead now, with my interview date the 5th November, and my planned departure to Boston being Monday 10th December, I guess I want to clarify a few points.

My fiancée and I will be getting married a few days later. From here it's adjustment of status.

I really just want to know what are the processing times, can I work, how do I go about working when I arrive, what are the legal requirements and so on.

Thanks in advance

Setting the record straight. Employment Authorization Dsocument (EAD ) expires 1year from issue date. (Nothing to do with the i-94 which gives you 90 days to marry.) The application is free when sent with Adjustment of Status (AOS). Start working on the forms now, so as soon as you get a copy of your marriage certificate, you will have the packet ready to go. The sooner you apply, the sooner you are eligible to work. After applying, it will take 60-90 days to get the EAD card. It's even renewable if the greencard should get hung up along the way, but that's not likely to happen.

You may apply for your Social Security card about 14 days after entry. (the wait is just to give time for your entry to be recorded in the S.A.V.E database they must find you in. We went on day 9 and it was recorded.) You don't have to be married. The privilege goes away two weeks short of your I-94 expiration. After that you can't get a SScard until you have an EAD card to show. The SScard alone will not give you the authorization to work, but it's very useful for opening bank accounts, signing leases on apartments, and having it already in hand the day EAD comes is a bonus.

As a K1 prepare to be in limbo for awhile. There is a gap in proof of authorized stay most of the time, because people don't marry and apply for AOS immediately. So say you enter Jan 1. Your I-94 gives you until roughly April 1 to stay in the US (and marry.) But what if you don't marry until March 15? Then you realize it's going to cost $1070 to apply for AOS and you didn't save for that. Or you mess around and don't get the application sent in until July 1. Your EAD is fast and arrives in 60 days---Sept 1. That is finally a document with an expiration date on it showing you have authorized presence in the US for one year. But what about the time from your I-94 expiration until the EAD card? In this example that's April 1 to Sept 1. Five months! Yes, you are allowed to stay and won't get deported, but there is no document that has your name on that says you are authorized to be in the US. Cops don't know immigration. Banks don't. And getting a drivers license without a document showing authorized stay is a challenge. Each state makes up their own driver license requirements and some have started accepting the receipt of AOS application as enough to let you have a one year license. Thank God. Just a few years ago some people had to wait for EAD, while others couldn't get a license until they hAd a greencard.

Marry quickly and be ready to file. We filed the 9th day after POE, so it is possible.

[markjbankover 1]

Fantastic reply, so detailed and honest.

The plan literally is to go on Monday 10th December and marry within days. All forms are starting to be completed now so when we have tht marriage certificate ready there to submit adjustment of status.

I didn't realise EAD would take so long, guess that's just another sacrifice in the journey.

Thanks again

[Elora & Rob 15]

Nich Nick...you have got me worried.

I was always under the understanding that once you got the EAD card, thats it your able to work and then you apply for the Greencard.

I am moving December 10th, getting married December 14th, and have a job lined up to begin April 1st 2013. What do I need to do to begin work on April 1st legally??

I have the money to pay for AOS and I will have the forms ready to send as soon as I have my marriage certificate.

I thought..

Married Dec 14

Send Forms Dec 21

EAD Card Arrive middle of March and I would be ready to start my job on April 1st....am I wrong???

Edited October 26, 2012 by Elora & Rob

[markjbankover 1]

Hi Elora/Rob

We have same moving day!

I was also of the understanding it wouldn't take so long to get this EAD

Edited October 26, 2012 by markjbankover

[Nich-Nick 3,353]

Nich Nick...you have got me worried.

I was always under the understanding that once you got the EAD card, thats it your able to work and then you apply for the Greencard.

I am moving December 10th, getting married December 14th, and have a job lined up to begin April 1st 2013. What do I need to do to begin work on April 1st legally??

I have the money to pay for AOS and I will have the forms ready to send as soon as I have my marriage certificate.

I thought..

Married Dec 14

Send Forms Dec 21

EAD Card Arrive middle of March and I would be ready to start my job on April 1st....am I wrong???

I don't know how your timeline plan differs from what I said? Where is the confusion?

AOS=greencard

EAD=work

AP=travel document (Advanced Parole)

You do three applications for the price of AOS ($1070). Your AOS/EAD/AP applications go in the mail Dec 21. Left Coast Lady posted a link to my list of what is included as documentation. You should receive EAD/AP between Feb 21 and Mar 21. You are marrying and filing so quickly that you will have little gap.

It is the people who don't plan to file quickly, who find themselves in that awkward limbo where they can't work, can't leave the US, can't get a drivers license. You would not believe the number of posts saying we can't afford to file... we were too busy with our honeymoon....we don't have a joint sponsor...the nearest civil surgeon is 3 hours away and wants $300 to do my shot record....my wife is pregnant so where can we get free medical care....

Many people do not prepare for staying in the US. They think the visa is the end. So UKers--save some money to complete the job to get a greencard. Get your shots recorded at Knightsbridge so you don't have to see a civil surgeon. Understand that the immigrant can not go on welfare and that medical care is expensive.

Nich-Nick does not want to pay more in taxes to support you and your immigrant. I don't care if you think it's unfair because you are sooooo in love. I sound Republican, don't I? I think Robert sounds like he would think Republican too.

Hi Elora/Rob

We have same moving day!

I was also of the understanding it wouldn't take so long to get this EAD

That's why a spouse CR1 visa is a much better visa. You are a permanent resident and can work from Day 1.

Edited October 26, 2012 by Nich-Nick

[Elora & Rob 15]

I don't know how your timeline plan differs from what I said? Where is the confusion?

AOS=greencard

EAD=work

AP=travel document (Advanced Parole)

You do three applications for the price of AOS ($1070). Your AOS/EAD/AP applications go in the mail Dec 21. Left Coast Lady posted a link to my list of what is included as documentation. You should receive EAD/AP between Feb 21 and Mar 21. You are marrying and filing so quickly that you will have little gap.

It is the people who don't plan to file quickly, who find themselves in that awkward limbo where they can't work, can't leave the US, can't get a drivers license. You would not believe the number of posts saying we can't afford to file... we were too busy with our honeymoon....we don't have a joint sponsor...the nearest civil surgeon is 3 hours away and wants $300 to do my shot record....my wife is pregnant so where can we get free medical care....

Many people do not prepare for staying in the US. They think the visa is the end. So UKers--save some money to complete the job to get a greencard. Get your shots recorded at Knightsbridge so you don't have to see a civil surgeon. Understand that the immigrant can not go on welfare and that medical care is expensive.

Nich-Nick does not want to pay more in taxes to support you and your immigrant. I don't care if you think it's unfair because you are sooooo in love. I sound Republican, don't I? I think Robert sounds like he would think Republican too.

That's why a spouse CR1 visa is a much better visa. You are a permanent resident and can work from Day 1.

Sorry Nich Nick,

Jumped the gun a bit.

I have a record of all my injections from the medical, I went and got them at my GP a few weeks before and had the rest done as a kid.

I would like to think I am pretty prepared. Certainly more than most on here. Have savings, have a job set up now, have a fair idea of the next stages of the visa process....just thought I spotted a spanor in the works and crapped myself lol

Perhaps CR1 was a better option, but I just never liked the idea of leaving Elora while we were married. Also 4 months off when I know I have a good job to walk in to is a nice position to be in :-) I had enough savings to be able to not work for 18 months if I needed it. It's crazy the number of people who go into this with no clue of whats gonna happen next.

Of course I want Romney to win, SAVE US FROM SOCIALISM etc etc....but seriously I am probably more republican than democrat. beleive in less goverment, pro life things like that. although in general I am pretty moderate and would always go for the most moderate candidate which is Romney.

Edited October 26, 2012 by Elora & Rob

[Nich-Nick 3,353]

Sorry Nich Nick,

Jumped the gun a bit.

I have a record of all my injections from the medical, I went and got them at my GP a few weeks before and had the rest done as a kid.

I would like to think I am pretty prepared. Certainly more than most on here. Have savings, have a job set up now, have a fair idea of the next stages of the visa process....just thought I spotted a spanor in the works and crapped myself lol

Your plan works. Did the SS card throw you off? A K1 is eligible for a card. You don't need it to apply for AOS. Write "None" in the blank that asks for it. Many, many people filing for AOS already have been in the US for years on work visas, student visas, etc and have had a card a long time. So if you have a SS number, write it. If you don't, it does not affect your AOS or EAD application in any way. It's good to get it early to give the bank and be set for when you are able to start work.

As I was explaining before, there is a window for a K1 to get the SS card. As long as your I-94 is stillvalid (actually up until 14 days before it expires) you are eligible. If you mess around and miss that window, the next window doesn't open until you have an EAD card to show proof you are authorized to be in the US with a date on it. So if you don't file for AOS quickly, you'll have that gap where there is nothing on paper that says Robert is authorized in the US until [date]. I-94 authorizes 90 days. EAD authorizes 1 year. But if you don't get that application in the mail until 4-5 months after POE, your i-94 is expired and you don't have anything until EAD or greencard, whichever comes first. That doesn't happen to anybody except K1s.

A tip for the ladies: go to the Social Security office and apply in you maiden name two weeks after POE. Later after your greencard you can go back and change your name. It's much easier that way because SS offices don't really understand K1s either. Your number will remain the same and they need to find your name in the database exactly as written on the I-94. It just confuses them too much to bring up marriage and a new name. Get your number and sort it out later.