Now that my fiance's visa has been approved, what now!?

[Sisterofthemoon 0]

I have been reading the FAQ's about what to do once my fiancé arrives on US soil and it is all so confusing!

Basically, we need my fiancé to start working ASAP to help with all this cost.

So this is my understanding:

1. 5 days after he arrives, he needs to apply for the social security card.

2. we get married asap and send in the marriage license to the court.

3. as soon as we get the marriage license back, we apply for Adjustment of Status and EAD (at the same time?) This is confusing to me. Are there two separate fees? $1070 for Adjustment of Status and $300+ for EAD, or is the $1070 INCLUDE the EAD?

4. what can we do now? how long does it take for him to be able to work?

Please help, the stress is killing me :-(

[heo luoi 206]

for K1 the AOS should include the EAD. Can not work until EAD in hand.

You need to apply for a marriage license in order to get married and get a marriage certificate. You can't get married first.

The form for AoS has its own instructions too, which are pretty clear along w/ the guides.

[Ryan H 3,796]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum.

[Sisterofthemoon 0]

for K1 the AOS should include the EAD. Can not work until EAD in hand.

You need to apply for a marriage license in order to get married and get a marriage certificate. You can't get married first.

The form for AoS has its own instructions too, which are pretty clear along w/ the guides.

How long does it take to get the EAD?

[LionessDeon 2,060]

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1k3ead

http://www.visajourney.com/content/uscis-travel-documents

The guides tab can be very helpful.

Edited November 10, 2015 by LionessDeon

[Sisterofthemoon 0]

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1k3ead

http://www.visajourney.com/content/uscis-travel-documents

The guides tab can be very helpful.

Thank you, but is there a time frame of how long it will take for the EAD to be approved? The AOS to be approved?

[LionessDeon 2,060]

Thank you, but is there a time frame of how long it will take for the EAD to be approved? The AOS to be approved?

EAD/AP is a few months. GC takes a bit longer. I know someone who got married in May who has a GC already. If you search/read some of the thread in forums you may find some approximate times. I think they vary a bit though

[Elf 146]

Thank you, but is there a time frame of how long it will take for the EAD to be approved? The AOS to be approved?

USCIS is required to process the EAD within 90 days. The exception to that is if you get an RFE after submitting your AOS package. Processing on all parts of your application, including he EAD, is paused from the date on which the RFE is sent until the dat USCIS receives your response. The 90 days processing time for the EAD is extended by however many days elapsed between the RFE being sent and the response received.

How long it takes for AOS to be approved varies significantly depending on whether or not you receive an interview waiver, and on which field office is dealing with your application. Anything from 4-5 months to well over a year.

[heo luoi 206]

Please utilize VJ on desktop for full experience. Check the guides and timelines http://www.visajourney.com/timeline/

[ricnally 258]

If you're really in a hurry for him to work, you'll obviously want to get married asap and get the ball rolling on the AOS/EAD. You need to include your marriage certificate (the paper you get AFTER your marriage) with the paperwork, and it's important to note that some county clerk's offices can get that certificate to you on the same day, whereas others can take several weeks, so make sure to find that out before you choose your wedding venue.

[Sisterofthemoon 0]

USCIS is required to process the EAD within 90 days. The exception to that is if you get an RFE after submitting your AOS package. Processing on all parts of your application, including he EAD, is paused from the date on which the RFE is sent until the dat USCIS receives your response. The 90 days processing time for the EAD is extended by however many days elapsed between the RFE being sent and the response received.

How long it takes for AOS to be approved varies significantly depending on whether or not you receive an interview waiver, and on which field office is dealing with your application. Anything from 4-5 months to well over a year.

SO UCSIC is require to only PROCESS the EAD within 90 days, or have him approved for EAD within 90 days?

Just trying to figure out what he can do for work if he has to wait MONTHS to get EAD.

[heo luoi 206]

Relax a bit, take a breath and process the information people have helped with. EAD prototypically is applied for at the same time as AoS and typically is approved on avg in 90 days. All of which has been assisted and provided in this thread.

[Sisterofthemoon 0]

Relax a bit, take a breath and process the information people have helped with. EAD prototypically is applied for at the same time as AoS and typically is approved on avg in 90 days. All of which has been assisted and provided in this thread.

I AM reading everything that has been commented here, but still have questions. That's what this forum is for correct? To gain information and ask questions.

[Elf 146]

SO UCSIC is require to only PROCESS the EAD within 90 days, or have him approved for EAD within 90 days?

Just trying to figure out what he can do for work if he has to wait MONTHS to get EAD.

USCIS is required to complete the EAD approval process within 90 days, unless there is an RFE, in which case processing is paused for the duration of time between issuing the RFE and receiving the response. Sorry if I didn't state it clearly enough, it's easy to forget that not everyone's been staring at this process as long as some of us have

So yes, he will have to wait months for an EAD - but only 2 or 3 of them. Mine was approved in 70 days from receipt of the AOS package to the approval date on the EAD, then took a couple of days to get to me through the mail.

Edited November 10, 2015 by Elf

[acgmph 42]

I AM reading everything that has been commented here, but still have questions. That's what this forum is for correct? To gain information and ask questions.

Anxiety doesn't help, it will only make it worse for you and might make you miss some important details on forms and such. Make sure you check, double check and triple check everything, one at a time. Take a deep breath...

Here's what needs to happen for him to work:

- apply for marriage license in your location - courthouse/city hall/county office... whichever applies to your location

- get married - aka have a recognized officiant sign your papers

- ask the officiant if you yourself can take the marriage license back to where it was issued so you can have your marriage certificate in hand asap - this can save a lot of time (3-6 weeks)

- prepare your I-485, I-131 and I-765 with all supporting documents and needed things (like check for $1,070 for all 3 forms, 6 photos, translations if needed, etc.) - see the guide here Adjustment of Status Guide (K1 & K3 Visa Holders and tips here K1 Visa Adjustment of Status Tips

- submit your documents

- he can get a SSN while he waits. No need to go asap, he won't need it until he gets the EAD, unless you want health insurance and such

- he will get 3 NOA1s

- he will get a biometrics appointment letter from USCIS

- wait for 60-90 days until he will have the EAD

- he can apply for jobs towards the 60-day mark and have an offer lined up for when he will receive his EAD if the employer is OK with this arrangement

Good luck!

Edited November 10, 2015 by acgmph