K1 & AOS - what I learnt

[rascalflatt 6]

I remember going through this process and just wishing someone had put their own experiences of the whole thing in a succinct and objective format so I could get a better grasp of it all…this isn’t meant as an instruction list – merely as a descriptive of my own observations from both going through it and reading thread after thread asking the same questions.

Hope it’s helpful….

Firstly, this process is LONG. Expect your case to sit in a pile for months on end before it is touched by anyone. The period of time between NOA1 and NOA2 is the longest and most frustrating but be patient because once this is done with, things do start to happen more mechanically. From submittal of K1 petition to visa in hand my process took 11 months without an RFE.

Pay no attention to others’ horror stories or tales of woe. It’ll only get you unduly worried and can bog you down. Focus on your own process. Just because someone had a specific experience doesn’t mean you will experience that also. Each case really is completely different and you should know that, generally, things will happen as they should.

You can visit. I did, many times during the period from NOA1 to NOA2. I took a letter from my employer but never once needed it. Never once was questioned about anything. So don’t worry. Make sure your ESTA is valid and use this until you get your K1 visa.

Once you get your NOA2, call NVC every couple days to find out your LND case number. This will enable you to book your medical ASAP. Once you’ve done your medical, get your partner to call the DOS every couple days to find out your interview date.

Don’t worry about the medical, it’s a doddle. The hardest part is handing over all that money at the end of it!

Don’t worry about the interview, it’s a doddle. But DO ensure you have all the required documents with you on the day. If you don’t, you’ll delay your approval and visa issuance.

Unless you’re unable to read, type or write, you don’t need an immigration lawyer. For UK-US K1s, they’re unnecessary.

Get married as soon as you possibly can after arriving in the US. You need your marriage certificate to submit with the AOS packet so the sooner you have this, the sooner you can get the AOS moving.

Guys: get your SSN as soon as you can after arrival in the US. Girls: if you plan to change your name after getting married, get your SSN after you have your marriage certificate to avoid having to go back again to change your name. I have seen so many threads about this…just wait until you’re married.

When assembling your AOS packet, follow the VJ checklist and instructions to the letter. Include a table of contents (this will help you as much as it helps the adjudicator). Remember quality not quantity is the key when submitting evidence of your relationship.

Submit your AOS/AP/EAD packet together. You’ll only kick yourself if you leave one out and have to submit it later.

You need at least your EAD card to obtain a state driver’s license. Again, I’ve seen so many threads about this...in many states you’ll also need to take the theory and practical test but it’s a doddle compared with our UK test. You’ll pass.

Go ahead and try early walk-in for biometrics if you like. I did it, it worked for me and it works for most.

If you move out of state during the AOS process and have to have your file sent to another local office, update your address with USCIS both over the phone and by completing the AR-11 and mailing it in. They will transfer your file to your nearest local office and you will join the back of the queue there for an interview.

You only need to get the vaccinations part of the medical form completed by a civil surgeon as you’ve had the full medical already back in London. You have to use a surgeon indicated on the USCIS approved list.

Don’t worry about the interview (if you have one). It’s a doddle. As always, ensure you have all the evidence and documentation required with you on the day. Expect the interviewer to be polite but slightly frosty. They’re there in an official capacity.

The first Green Card you get will be a 2-year one. 90 days prior to expiry you’ll have to remove conditions in order to obtain your 10 year GC. I haven’t got there yet so watch this space…!

Hope the above is helpful….

[RoseTodd 0]

Great information.Just worried because our case has been at NVC since June 20th...how much longer do you think it'll take there?We cant get through to them on phone,they dont respond to our emails either.Any idea?

[mcurrie03 0]

You can get your social security number before filing AOS? Or while filing AOS as I am sending mine off today.

[ChicagoSarah 127]

This is great, and I completely agree!

I would add that you should assemble joint assets as early as possible. For us, we were able to have a joint bank account before being married since I had a relationship with my bank for years. Find a bank that allows you to add your UK spouse....you'll need this during ROC in 2 years.

Also, as soon as you are able, start building credit history for your UK spouse. It will take time, and you'll be glad you did if you intend to buy a house/car/finance anything in the future. Put the electricity or phone bill in their name and get them a credit card.

You can get your social security number before filing AOS? Or while filing AOS as I am sending mine off today.

You can get your social security number up until 2 weeks before your I-94 expires. If your I-94 has expired (or is about to), you may have to wait until you have your EAD to get a social security number.

[Nich-Nick 3,353]

Just got to say, there are things I disagree with in the first post. It is like was stated, no cases are alike.

Disagree on calling DOS. They won't talk to K1s any more.

Disagree on SSN. Yes, get it ASAP after entry. Before marriage is ideal in the maiden name exactly as it appears on your POE entry record. . Changing a name at the same time as getting the initial card might work, but VERY often results in a delay for manual verification. Social Security offices are notorious for not knowing how to handle a K1. While you have been living and breathing K1 forever it seems, to SSA workers it is a rarity. People have been told more than a few times "you got married so you are now a K3 which is not eligible for a SSN." Totally wrong. Your visa can't change, but few have the nerve to argue so walk out defeated.

Best chance of getting a SSN without a hitch 1) apply in the name exactly as on your I-94 entry record because SSA has to find you in the database populated by your entry; 2) don't try to change names, mess with spelling or wrong middle names because you can fix that later; 3) don't muddy the waters with a marriage certificate, even if you already got married. Once you have a greencard, go back to SSA so they can change your record to PERMANENT RESIDENT. They will issue a new card to match your greencard name (if it is different). Example of a change might be Mary Lou Jones (I-94 name) to Mary L. Smith (married greencard name). Your card will also have the writing removed that says- For work only with DHS authorization. (FYI- When/if your status changes from PERMANENT RESIDENT to US CITIZEN, you need to go back and update your status with SSA.)

AOS assembly: I think some of the VJ guides are lacking. Do read the instructions for each form so you don't leave out things that go with the EAD and AP. VJ does not spell those out and says to include required info but doesn't list it. Do read the I-864 affidavit of support instructions at least three times. The requirements are specific and strict. In your AOS submission, no evidence of your marriage is required except the marriage certificate. As you get joint things as husband and wife (lease, bank account, bills) save them to present at the AOS interview. Some ask and some don't.

Disagree that you must see a US civil surgeon to re-do your vaccination record. IF you get every shot required for AOS prior to (or on the day of) your visa medical at Knightsbridge, then their signed document will clear you for AOS. The original vaccination form is with your other medical results and are in the sealed envelope you turn over at POE. It will be matched up and put in your AOS folder. If everything needed is not signed off on the Knightsbridge form, then you will re-do a new form with a civil surgeon for any fee he chooses to charge.

Removing conditions: Must be submitted before your 2 year greencard expiration. 90 days before is the earliest it will be accepted. This is where you will submit lots of documentation showing you co-mingle your lives and finances. The evidence needs dates spanning the whole two years so save those expired auto insurance papers showing both names and the old lease you both signed. There is normally no interview for ROC, even if you also did not interview for AOS.

If you divorce or your USC spouse dies, then you don't wait the two years to remove conditions. You do it immediately once you are no longer married to a USC. You do it alone with waiver, rather than jointly with a spouse. You still submit documentation that you co-mingled your lives and finances while it lasted and that you married in good faith, but went pear-shaped.

[landr 126]

My interview wasn't a "doddle," but I think I was the exception rather than the rule.

11 months from petition filing to visa in-hand is quite long for a UK beneficiary going through CSC with no RFEs. Current 2014 cohort estimates based on anecdata are closer to 4-6 months. My process took a little longer at the embassy stage - thus skewing the final average for my cohort - oops!

I'm going to try to get my SSN before I marry as I heard that it is easier to go back to change it after marriage than to wait until you marry and then get it. I'll be using the AOS guides, but I'll also be referring to the form instructions as well as using VJ's search function to read up on recent experiences.

Always useful to hear someone else's experiences, though must agree that everyone's case is slightly different and therefore it's difficult to apply one person's experience universally. +1 for sharing.

Edited July 22, 2014 by landr

[KVE 29]

I got my NOA2 2 weeks after the NOA1 date.

I submitted a cover letter requesting them to expedite it based on my upcoming child. They didn't officially expedite but it came fast.