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K-1 Timescales - Working in the USA

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Hi

Ive searched and searched and ended up totally confused. I guess this has been answered before, please forgive me

When my fiancee and I apply for the K-1 visa I understand that process and I have to be there and married within the 90 period, my confusion arrives with AOS.

After marriage, I have to stay in the USA and apply for AOS, I cannot leave in that period until AOS only with a AP, whats the timescale for that please ? Also when I receive a Social Security number - does that then allow me to work in the USA ?

What I am asking, I guess is when can I legally work, whats the timescale please ?

Many thanks

 

 

 

 

 

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Filed: Citizen (apr) Country: Ireland
Timeline

Timescale to get the travel and work permit is 2-3 months, the full AOS (with interview, to get greencard) can take many months longer. The SSN alone does not let you work.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Thanks for the speedy response .... another question, what would happen to my UK passport - if it expires within the time period of waiting for AOS, I would have no UK residency to renew or replace ?

 

 

 

 

 

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Filed: K-1 Visa Country: Belgium
Timeline

Thanks for the speedy response .... another question, what would happen to my UK passport - if it expires within the time period of waiting for AOS, I would have no UK residency to renew or replace ?

You should be able to request a new passport at the UK Consule/Embassy near you.

I am not living in my citizenship country, so I asked at my Embassy & they informed me that I will have to register at the nearest Embassy once I'm in the US.

That way it will be easier to get any documents (or a new passport/ID)

K1

AOS

ROC

09/14/2017 : Package Sent (CSC)

09/15/2017 : Package Received (CSC)

09/15/2017 : NOA1 Date

10/12/2017 : Biometrics

--/--/---- : Interview

--/--/---- : Decision

N400

09/01/2018 : Application Sent (online)

--/--/---- NOA1 Date

--/--/---- : Biometrics

--/--/---- : Interview

--/--/---- : Decision

So it's not gonna be easy.

It's going to be really hard;

we're gonna have to work at this everyday,

but I want to do that because I want you.

I want all of you, forever, everyday.

You and me.. everyday.

___The NoteBook

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Thanks for the speedy response .... another question, what would happen to my UK passport - if it expires within the time period of waiting for AOS, I would have no UK residency to renew or replace ?

The UK passport is now renewed only in the UK, not at any British embassy. You mail the forms, proofs, photo along with your current passport to the UK and pay an extra fee for courier delivery back.

You will need that passport for the AOS biometric appointment, for a Social Security card application, and for an AOS interview. Mailing it off to the UK during that time period would take some careful planning...maybe after biometrics. Then if you should get an AOS interview before your new passport arrives, you could request a reschedule. It is supposed to take only 6 weeks and costs £102.

Keep in mind that the London instructions for your K1 interview say you need 8 months on your passport when you interview.

Passport: A Passport must be valid for travel to the United States and must have at least eight months validity beyond the issuance date of the visa. Children may be included on a parent's passport, but if over the age of 16, they must have their photographs attached to the passport.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: Citizen (apr) Country: Scotland
Timeline

OP, I'd rather renew the UK passport here, in good time prior to the interview stage. They will credit up to 9 months from your old passport and it's quicker and easier. Using the Post Office Check & Send service, daughter's renewed passport was returned within a week. Assuming you are still in the UK, you will save a lot of time and expense by doing it here now.

Regarding residence, your UK residence is not conditional on having a valid passport. You remain a UK citizen whether or not you have a passport, valid or not. However, until or if you apply for naturalization as a US citizen, you will require a valid passport for travel and, since the AOS process can be fairly lengthy, it may be better to have a passport with a few years of remaining validity, in spite of the 8 month stipulated requirement at the time of your K1 interview.

Edited by wbeem
Lee & William

8/2/2014 - Sent I-129F Petition with USPS by Express Mail    
8/4/2014 - I-129F delivered to dropbox    8/6/2014 - NOA1 Text/E-Mail received    8/11/2014 - Alien Registration Number Changed (Text/E-Mail) / NOA1 Letter received by Mail    3/16/2015 - NOA2 Text/E-Mail received (224 days)    3/20/2015 - Sent to NVC    3/31/2015 - NVC Received    4/1/2015 - Case Number Assigned       4/7/2015 - NVC Sent to Embassy    4/10/2015 - London Embassy Received    4/11/2015 - Medical     4/15/2015 - Packet 3 Received    4/12/2015 - Packet 3 Sent    4/23/2015 - Packet 4 Received    5/18/2015 - Interview - APPROVED     5/30/2015 - Visa collected from courier    6/1/2015 - POE    6/14/2015 - Wedding 💍💍
 
 
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Filed: AOS (apr) Country: Kenya
Timeline

Hi

Ive searched and searched and ended up totally confused. I guess this has been answered before, please forgive me

When my fiancee and I apply for the K-1 visa I understand that process and I have to be there and married within the 90 period, my confusion arrives with AOS.

After marriage, I have to stay in the USA and apply for AOS, I cannot leave in that period until AOS only with a AP, whats the timescale for that please ?

You can leave at any time, you need either the AP or the GC to be able to return to the US. The AP is about 2-3 months after filing the AOS.

Also when I receive a Social Security number - does that then allow me to work in the USA ?

No, you need with the EAD or the GC to legally work; your SS card will have a statement on it something like Work with DHS Authorization. Once you get the GC, you can have a new card issued without that statement. The EAD is the same timeframe as the AP.

What I am asking, I guess is when can I legally work, whats the timescale please ?

2-3 months after filing AOS.

Many thanks

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: AOS (apr) Country: Argentina
Timeline

Hi

Ive searched and searched and ended up totally confused. I guess this has been answered before, please forgive me

When my fiancee and I apply for the K-1 visa I understand that process and I have to be there and married within the 90 period, my confusion arrives with AOS.

After marriage, I have to stay in the USA and apply for AOS, I cannot leave in that period until AOS only with a AP, whats the timescale for that please ? Also when I receive a Social Security number - does that then allow me to work in the USA ?

What I am asking, I guess is when can I legally work, whats the timescale please ?

Many thanks

After the beneficiary enters the U.S.A. on the K1 Visa, he or she should apply for a Social Security Number (SSN) no sooner than 2 weeks after arrival. I personally would recommend 3; this ensures that the beneficiary is entered into the SAVE database, and there will be no extra processing times. After applying for the SSN, it should take 2-4 weeks to arrive in the mail, if there is extra processing time, it can take up to 8 weeks. The beneficiary will receive a "conditional" Social Security Card (SSC) which states that he/she is not valid to work in the U.S.A. without an Employment Authorization Document (EAD).

After you are married (and within the 90 days), it is recommend that you file for the Adjustment of Status (AoS) as soon as possible. If you file for the Employment Authorization Document (EAD) and the Advance Parole (AP) at the same time as the AoS, there is no fee for the EAD and the AP, so you'll only have to pay for the AoS and Biometrics. If you file for the EAD and the AP separate from the AoS there will be additional fees. The EAD and AP are typically processed in 3-6 months, most see it around the 3 month mark. The AoS can take upwards of a year, but it is typically 8-12 months.

The AoS, if approved will give the beneficiary a Conditional Green Card (CGC): 8-12 months on average, can be longer.

The EAD, will give the beneficiary permission to work and earn money in the U.S.A.: 3-6 months on average; bundled with AoS, not additional time.

The AP, will give the beneficiary permission to leave the U.S.A. temporarily whilst processing the AoS; 3-6 months on average, bundled with EAD, not additional time.

Filing all three will not effect your processing time, the times are concurrent.

After you've filed for the AoS, if an emergency arises and the beneficiary needs to return to his or her country you can make an infopass appointment to expedite the AP. Emergencies are typically: Medical issues which need to be address in the beneficiary's country, the death or sudden severe illness/injury of an immediate family member, court proceedings which require the beneficiary's presence.

If the benficiary is granted a CGC he or she will need to lift the conditions in 2 years. A CGC is assigned to new immigrants who have been married less than 2 years. Once the conditions on the Green Card (GC) are lifted, it will be a standard 10 year card. There are additional fees and processing times associated with lifting the conditions on the CGC, please refer to the guides, and the USCIS website.

Thanks for the speedy response .... another question, what would happen to my UK passport - if it expires within the time period of waiting for AOS, I would have no UK residency to renew or replace ?

It is recommended that you request a replacement passport prior to your arrival in the U.S.A. It is a pain, but it will save you some time and worry in the future. In addition if your passport expires within 6 months of your K1's expiration date, many embassies/consulates will require you to renew your passport, so it will remain valid, whilst you're in the USA and (hopefully) processing the AoS.

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Bear in mind that, while you can expect to get the EAD within 2-3 months of filing for AOS, you need your marriage certificate in order to file for AOS in the first place. Some people have gotten hung up for several weeks waiting to receive the marriage cert, so be sure to clarify that with your marriage officiant/county clerk or whoever you're dealing with for your wedding.

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Filed: K-1 Visa Country: Canada
Timeline

so if I enter and get married asap, then immedialtey apply for the AOS and EAD, then atleast I have a good chance of being able to work in Washington in 3 months? I just want to make sure finances are in order before I come down!

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so if I enter and get married asap, then immedialtey apply for the AOS and EAD, then atleast I have a good chance of being able to work in Washington in 3 months? I just want to make sure finances are in order before I come down!

Yes. EAD takes about 90 days. I suggest getting your SSN before marriage in maiden name (if applicable) however as SSA employees seem to get stuck with SSN applications in names other than visa/passport names.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Mexico
Timeline

After you are married (and within the 90 days), it is recommend that you file for the Adjustment of Status (AoS) as soon as possible. If you file for the Employment Authorization Document (EAD) and the Advance Parole (AP) at the same time as the AoS, there is no fee for the EAD and the AP, so you'll only have to pay for the AoS and Biometrics. If you file for the EAD and the AP separate from the AoS there will be additional fees. The EAD and AP are typically processed in 3-6 months, most see it around the 3 month mark. The AoS can take upwards of a year, but it is typically 8-12 months.

One small correction from amongst your detailed, helpful info about AOS> If you file for the EAD and AP at the same time or after filing the I-485, the fees are waived. They are not waived only if you file them all together. And, the EAD/AP takes 60-90 days from filing. AOS processing takes between 3-8+ months. If approved without an interview, it takes longer.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: K-1 Visa Country: Philippines
Timeline

My wife had AP/EAD card in about 2 and 1/2 months. AOS was about 5 months.

Be sure, to get SS card the first thing you do! Do not wait until you are married and try it.,.,..,your married name will not be associated with your I-94, which is good for 90 days. We made the mistake..,,..,and had to make 5 trips to SS office, to get things right.

Do as others who know about a new passport, ""YOU will surely need it""

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Filed: AOS (apr) Country: Argentina
Timeline

One small correction from amongst your detailed, helpful info about AOS> If you file for the EAD and AP at the same time or after filing the I-485, the fees are waived. They are not waived only if you file them all together. And, the EAD/AP takes 60-90 days from filing. AOS processing takes between 3-8+ months. If approved without an interview, it takes longer.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Is the policy of filing them after the I-485 recent? As far as I was aware, it was file with AoS and have the fees waived, or cough up for the fees if you file separate.

I have never heard of an AoS taking only 3 months! I typically hear around 8-12 months from the date they filed, until they receive their CGC.

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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From our experience, you don't need to wait 2+ weeks to apply from your ssn. My husband arrived on a Friday night, applied for it on the next Monday morning, and had it in hand about 5 days later. Now that everything is computerized, it doesn't take as long to be in the system. He brought his passport to the social security office; that's all. If you're looking to expedite the process, make sure the place where you get your certified copy of your marriage document knows that you need it ASAP. We got ours from the Santa Barbara courthouse (where we got married) the same afternoon as our wedding. We filed AOS/AP/EAD that same week. It's been 62 days since NOA1 for those, and no approvals for EAD/AP yet. Some people in our group have gotten approvals already. Good luck!

K1 Visa timeline:

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

02/01/2014 - mailed our petition

07/25/2014 - Johan arrives in Los Angeles! 

*See updated timeline for specific dates.*

AOS timeline:~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

08/02/2014 - AOS, EAD, AP applications mailed. 

11/17/2014 - K2 gets an interview waiver letter in the mail (dated November 12th) (K1 has never gotten this letter)

08/24/2015 - Green cards are FINALLY in hand after nearly 13 months of waiting. 

ROC timeline: ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

05/01/2017 - ROC application sent 

05/02/2017 - CSC receives our package

05/03/2017 - Official NOA1 date

05/10/2017 - MO cashed at our bank

05/12/2017 - NOA 1 is in the mailbox.

05/20/2017 - Biometrics letter in hand

05/31/2017 - biometrics appt (Oxnard, CA)

06/19/2018 - ROC still pending with no news but that wonky glitch back in February, so we went ahead and filed for citizenship

N-400 timeline: ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

06/19/2018 - N-400 application filed online

06/20/2018 - NOA1 received online for Naturalization application

06/25/2018 - Biometrics notification online (PDF Document)

07/12/2018 - Biometrics appt (Oxnard, CA)

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