SSN, EAD, AOS? What is next?

[kels_et_sam 1]

Hello everyone!

My fiance had his interview last Wednesday in Paris, and got approved, yay! He should get his visa this week, and plans on flying out sometime next week. Now I am trying to figure out what the next steps are, and I am getting a bit confused.

This is how I am understanding, but I would appreciate any additional info or tips

First, he takes his flight, where he will fill out the I-94 form.

Second, we will wait 2 weeks, and then go to our local SSA office to apply for a social security number/card.

Third, we will get the SS card in the mail, about two weeks later.

Fourth, we will get married (January 5th, yay!!!)

Fifth, he will apply for AOS/EAD (do we need to do that at the same time?)

Sixth, he will get his green card and work authorization (several months later, right?)

Please let me know if this is correct, and what other things we need to do.

Questions:

Can he drive once he gets to the US? He has a valid French license, and previously when he has come to the US, he has been able to drive on it.

What does the SS card/number allow for him to do? He can't work with it until he has work authorization, right?

How does he go about getting a US drivers license (we live in Massachusetts) and getting car insurance (can he come under mine?)?

Can he open a bank account, get a cell phone, etc. right away?

How do we go about applying for AOS/EAD?

Any additional advice would be greatly appreciated. I would love to hear all your experiences with this!

Thank you

[didopage 337]

Congrats on the visa!

He will apply for AOS, and EAD/AP at the same time because EAD and AP fees are waived when filed with AOS. The combo-card EAD/AP will be valid for a year once approved. If he applies for EAD/AP before filing for AOS, he will have to pay the EAD/AP fees, and the combo card will expire with his I-94 (meaning 90 days after his POE). It takes 2-3 months for EAD/AP to be approved, so filing for them before AOS is not a good idea.

The AOS process can take a few months (with an interview), to a year, sometimes even more (but likely no interview).

About the driver's licence, each state has their own rules, so you need to check on that. To get a DL, look if he can apply while waiting for his EAD and green card. Some states are ok as long as the I-94 is unexpired. I think it is best to wait for the EAD or green card to apply for a DL. But it depends on your state, so look at your DMV's website.

He CAN'T work with his SSN only. He will have to wait for his EAD to be approved. The SS card that he will receive will have the note "valid for work with DHS authorization only" (=EAD).

Bank account: some banks require a SSN, some don't. Inquire about it by calling or visiting some banks in your area. Cell phones, no problem with that.

AOS/EAD/AP VJ Guide: http://www.visajourney.com/content/k1k3aos

And read the USCIS instructions for each form on the USCIS.gov website.

Other than that, your timeline is quite correct. Look at how long it will take to get a marriage license, if there's a waiting period, and how to get and how long it takes to get the marriage certificate after your ceremony.

Edited December 4, 2012 by didopage

[kels_et_sam 1]

Thanks Didopage!

Just to clarify, the I-94 expires after 90 days, correct? So my fiancé can drive as long as he has his French license with him and his unexpired I-94? (Or does that vary depending on the state?)

[didopage 337]

His I-94 will expire after 90 days, yes. But concerning his authorization to drive, it depends on your State rules. I know here in CA, foreign visitors are allowed to drive with their French Licence for 2 months I think, and the International DL is not recognized.

I found that document for you, after a quick Google search: http://www.mass.gov/rmv/forms/21317.pdf

Looks like he needs his French DL and his "valid" (I would say =unexpired) I-94 with him to drive. It may be a good idea to have him get a International Driver's License in France before leaving.

You would have to inquire to see if having a copy of his AOS/EAD NOA will authorize him to continue driving while his EAD application is pending.

Edited December 4, 2012 by didopage

[didopage 337]

Look at that link:

http://www.mass.gov/rmv/license/9oos.htm

"Converting a License from a Foreign Country" (scroll down, it's at the bottom of the page)

[kels_et_sam 1]

Thank you! That was really helpful. I am going to call my car insurance agent today to get more information specific to Massachusetts.

Just another question:

I would like to start the AOS process as soon as possible. Technically, could I mail my AOS package the day after I get married (well 2 days after, as I will get married on a Saturday)? What could/would delay mailing the package? I know I need a certified copy of my marriage certificate. What exactly is that, and how do I go about getting one? A lot of the forms seem to ask for a SS number for my fiance. Does that mean he would need to get a SS card/number prior to mailing in the AOS?

merci

[didopage 337]

Thank you! That was really helpful. I am going to call my car insurance agent today to get more information specific to Massachusetts.

Just another question:

I would like to start the AOS process as soon as possible. Technically, could I mail my AOS package the day after I get married (well 2 days after, as I will get married on a Saturday)? What could/would delay mailing the package? I know I need a certified copy of my marriage certificate. What exactly is that, and how do I go about getting one? A lot of the forms seem to ask for a SS number for my fiance. Does that mean he would need to get a SS card/number prior to mailing in the AOS?

merci

The document that usually delays having the AOS package complete is the marriage certificate. It is a document serving as proof that you actually got married (while a marriage license is a permit to get married). As the AOS of your fiance/husband will be based on his marriage to you, that is a VERY important document in the application. Have you looked at how to obtain your marriage license yet? and how to get the marriage certificate then? Sometimes it takes a few weeks to get the MC after the ceremony, sometimes you can get it right after your ceremony. It depends on the place where you will get married. Look at the County Clerk website of the place, or call them.

No need to have a SSN to send the AOS paperwork. If your husband is scheduled for an interview, he can give it to the IO at that time. Otherwise, it's not a problem.

Edited December 4, 2012 by didopage

[kels_et_sam 1]

Thanks Didopage.

VJ'ers, I think I have most of the license/SSN figured out, but as I was going through the forms for the AOS, I had a few questions.

I-485 - my fiance did French Navy training when he was 17 and 18. Should I check off "yes" for questions 15a and 18, and provide a copy of his military certificate?

I-864 - What is the alien registration number? Is that different from the I-94 number? Also, how should I prove my income (paystubs, letter from employer, etc?). And, I graduated from university in Dec 2011, and during my school years, I worked very part time. As a result, my W-2s from 2011, 2010, and 2009 will show very low income (less than the poverty line). I started working full time April 2012, and my income is fine, but I don't think I will have my W-2s for 2012 in time to submit this form. What is the best way to solve this problem?

As always, thank you VJ!

[Pitaya 2,576]

Thanks Didopage.

VJ'ers, I think I have most of the license/SSN figured out, but as I was going through the forms for the AOS, I had a few questions.

I-485 - my fiance did French Navy training when he was 17 and 18. Should I check off "yes" for questions 15a and 18, and provide a copy of his military certificate?

I-864 - What is the alien registration number? Is that different from the I-94 number? Sometimes the handwritten numbers on the reverse side of the I-94 are difficult to read. The Alien number, or A#, should be found on the I-797 (NOA2) Notice of Action, right about the visa beneficiary's name. Also, how should I prove my income (paystubs, letter from employer, etc?). And, I graduated from university in Dec 2011, and during my school years, I worked very part time. As a result, my W-2s from 2011, 2010, and 2009 will show very low income (less than the poverty line). I started working full time April 2012, and my income is fine, but I don't think I will have my W-2s for 2012 in time to submit this form. What is the best way to solve this problem? Submit what you have. The VJ Guide's statement about employer letter's requisite contents are key points: …"a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position."...

As always, thank you VJ!

Good luck on your immigration journey.

Edited December 6, 2012 by A&B