Think it's all over when you're visa arrives???

[Milenka 0]

I wish this guy hadn't posted this kind of information. First of all this, I am just in the first stages of my visa, but I know that this site is the best thing I could have found! As many ppl have said, the rules are not easy to follow by themselves, but I think he is misleading everyone by saying that it is worthless to try and get a stamp at the POE. I guess he also hasn't read some of the nightmare stories that people have had with immigration lawyers. A lawyer is necessary MAYBE if you have a complicated situation but really... As I understand it from the flowchart on this site. The stamp is valid for 90 days, as long as the visa, a k-1 visa can be used just once, but just because you get married that wouldn't make the stamp invalid...Like other people have mentioned this is a grey area, but I wouldn't go around telling people it's worthless to try and get this stamp. As people have mentioned in other topics, this process is expensive, nothing can be for free, but it's worth it, whatever it takes, as far as I'm concerned. Almost everything he wrote is misleading, and not based on facts, as far as I can tell. We haven't been through AOS yet, but we plan on doing everything as soon as possible after arrival, just to lessen the waiting time...

[featherB 1]

"Think it's all over when you're (sic) visa arrives???"

No. Nor does anyone round here, as far as I know. But cheers for the post full of misinformation, all the same.

[Lindsey + Michal 0]

Frankly, I don't care if they tell us both to run backwards over hot coals while singing Yankee Doodle Dandy, so long as my fiance is next to me while we're running, I'll do it. Bring on the forms and the fees, so long as we're together.

I cannot agree more with this! Maybe Im being nieve, but I dont care what we have to go through, as long as me and my fiance are together. If we can make this K-1 process work being 9,000 miles away, then I know we can figure out the AOS process living in the same house!

[rebeccajo 14]

Frankly, I don't care if they tell us both to run backwards over hot coals while singing Yankee Doodle Dandy, so long as my fiance is next to me while we're running, I'll do it. Bring on the forms and the fees, so long as we're together.

I cannot agree more with this! Maybe Im being nieve, but I dont care what we have to go through, as long as me and my fiance are together. If we can make this K-1 process work being 9,000 miles away, then I know we can figure out the AOS process living in the same house!

Careful what you say. There are hot coals out there.

[pushbrk 12,295]

I'm concerned about my SO (who will enter JFK, and get the work stamp), will have a job in the first two weeks he is here, and then after we marry have to terminate that job and wait months for a proper work permit. Is this really true?

Technically, the work authorization expires on day 91. With that said, work can continue, under the "grey area" of immigration. The immigration guidance does not specifically address this anomaly, to my knowledge.

I would personally continue under the "better to ask for forgiveness, than permission" rule. You received no specific guidance on this from the Embassy or USCIS, correct?

No individual that I have talked to did. Thus, the "grey area" exception applies.

The EAD should arrive before any questions are raised.

I would think that this is normal, yet it does not apply to my specific case. However, I worked in US Embassies for over 16 years. I am not a source for immigration fact/policy, only anecdotal evidence.

Perhaps others have differing thoughts?

If one is actually working on day 91 and has already submitted the appropriate documents to the employer without expiration issues raised, then the risk is primarily the employer's risk from day 91 until the green card or new EAD is issued.

In the very likely scenario of the K1 visa holder waiting until after the marriage and honeymoon to start looking for a job, their EAD is likely to expire before employment begins. There is the big problem as I see it.

[Krikit 1,163]

Also worthy of noting is that when you arrive apply for a social security number before you get married. Some states allow marriage without an SSN however you cant get an SSN after marriage without going via USCIS

Yes it is advisable to wait for two after arrival to ensure you appear on the “save” database however you cannot apply for a social security number after marrying unless your status has been adjusted.

Sorry, but I just have to correct this misinformation so it does not mislead others. It is not a requirement to adjust status prior to applying for a SSN following marriage.

[Peter 0]

Peter,

You're out of status when the length of permitted stay (90 days) as stated on the I-94 passes. Regardless of when (or if) you marry.

Yodrak

.....

make sure you do the AOS ASAP after marriage. You'll be out of status the minute you marry.

Dang,

I was under that impression that it did. My bad =)

[brtlmj 0]

The status question is not all that complex:

You enter with a K-1 visa. The visa is now used and of no use (one minor exception). You are in K-1 STATUS. This status is valid for 90 days no matter what you do or do not do. On day 91, you are 'out of status' unless you have filed I-485.

Sometime in Day 1-90, you marry your USC petitioner. That is lovely, and that keeps the terms of the K-1 *adjustment* rules. On Day 91, you are out of status and married to a USC.

Until you file I-485, you are out of status.

All the marriage does is offer you a path to Permanent Resident status. If married in Day 1-90 (and entered as a K-1), then you can file AOS without an I-130. If you marry on Day 91+, you need to add an I-130. If you marry someone other than your petitioner, you leave the US and start over.

I realize that the instructions are particularly vague. That doesn't mean that the rule is vague, as we know of lots of missing "required" information from the various forms. That's why we talk together here, to help understand the lame instructions. Days out of status are one of these things. Yes, the instructions say 'promptly' but they don't tell you the law of unintended consequences. IF you decide to wait "too long", you jeoprodize your ability to travel in and out of the US, and you may be more vulnerable if you are picked up or questioned by an immigration officer.

Many of us who do not live on the borders are unaware that there are Border Patrol checkpoints well into the US where you will encounter immigration officers who want to see your proof of legal status.

I can't imagine why someone would not want to file their AOS ASAP.

MAKE IT A STICKY! There are so many misconceptions about this subject...

[bbale 0]

I wish this guy hadn't posted this kind of information. First of all this, I am just in the first stages of my visa, but I know that this site is the best thing I could have found! As many ppl have said, the rules are not easy to follow by themselves, but I think he is misleading everyone by saying that it is worthless to try and get a stamp at the POE. I guess he also hasn't read some of the nightmare stories that people have had with immigration lawyers. A lawyer is necessary MAYBE if you have a complicated situation but really... As I understand it from the flowchart on this site. The stamp is valid for 90 days, as long as the visa, a k-1 visa can be used just once, but just because you get married that wouldn't make the stamp invalid...Like other people have mentioned this is a grey area, but I wouldn't go around telling people it's worthless to try and get this stamp. As people have mentioned in other topics, this process is expensive, nothing can be for free, but it's worth it, whatever it takes, as far as I'm concerned. Almost everything he wrote is misleading, and not based on facts, as far as I can tell. We haven't been through AOS yet, but we plan on doing everything as soon as possible after arrival, just to lessen the waiting time...

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

[no name 1]

How is this thread still around - with the exception of maybe 4 posts (& 1 humorous one from RJ), this thread is ALL WRONG.

AND! Most of the misinformation is perpetuated by people WHO AREN'T EVEN MARRIED/FILED FOR AOS YET.

Edited March 22, 2007 by devilette

[rebeccajo 14]

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

Oh, fiddlesticks. Settle down. You brought it up, didn't you?

[athena_ny 1]

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

Oh, fiddlesticks. Settle down. You brought it up, didn't you?

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.

Oh, fiddlesticks. Settle down. You brought it up, didn't you?

[TracyTN 237]

Anyone who is relying on the government to 'tell' them something is asking for trouble.

Do your own research on the process and don't rely on what 'they' aren't apt to tell you.

[Suzanne and Gary 0]

I think that we get told a lot of misinformation by the goverment and it just adds to the confusion. The OP just told me that USCIS told him about not being legal to work after getting married and we are dealing with the social security office who keeps telling us something different each time we call. As of now they say immigration kept denying our social app so they said that they have to override the system and to wait 2 more weeks(it's been 6 weeks). What a mess!

[heishe 2]

I think that we get told a lot of misinformation by the goverment and it just adds to the confusion. The OP just told me that USCIS told him about not being legal to work after getting married and we are dealing with the social security office who keeps telling us something different each time we call. As of now they say immigration kept denying our social app so they said that they have to override the system and to wait 2 more weeks(it's been 6 weeks). What a mess!

Hey, what's the deal with that? Why is DHS denying it? We're waiting for DHS on my fiance's SSN also.