K1 Approved! AOS filing timeline and what happens next (SSN, DL, etc)...?

[ArtsyArthropod 0]

My fiance had his consular interview today and his K1 visa was approved! We're really excited, but I'm having a hard time finding clear information about the timeline of events between now and the end of the 90 days.

 

For context, he plans to come to the US in about 4-5 months (within the 6-month window), and we will have our ceremonial wedding approximately 2 months after that (within the 90-day window) This will allow ample time for him to tie up loose ends in his home country and for us to be able to fully plan our wedding.

 

TIMELINE QUESTIONS:

• Once he gets to the US, when would it be best for him to get his SSN and Driver's License/REAL ID (he already has a foreign DL)?
• When should we obtain our marriage certificate/get legally married? I'm assuming that this (and the SSN and DL) should happen early on in the 90 days, but is there a specific cut-off, and does one need to happen before the other?
• Should we wait to submit the I-485 AOS and I-765 employment authorization forms until after our ceremonial wedding so we can include photos as evidence, or should we apply ASAP using the marriage certificate?
• And finally, I know that his medical exam from the k1 visa process is valid for 6 months, at least in the sense that he needs to enter the US within 6 months of his exam date. Given the timeline I described above, we would potentially be submitting the I-485 about 7 months after his initial exam. Does that mean he'll need a new medical exam?

 

Thank you so much in advance!

[Boiler 45,657]

You are getting married and then having a ceremonial service later? If so forget about ceremonial thingy. Keep it simple.

 

SSN you apply for asap after entry.

 

California I think gives new residents 10 days on the foreign licenses.

i

As a general rule the sooner you file to adjust the better, EAD and AP hang on it, I seem to remember it can take some time to get you Marriage Certificate.

[K1visaHopeful 2,840]

 

1 hour ago, ArtsyArthropod said:

 

TIMELINE QUESTIONS:

• Once he gets to the US, when would it be best for him to get his SSN

K1 SSN should be applied for in person after day 10 of arrival in the US to allow for the entry to be recorded with DHS and in their maiden name. After day 75, chances of getting it are extremely low. Please see the VJ SSN guides for plenty of info. 

1 hour ago, ArtsyArthropod said:

• and Driver's License/REAL ID (he already has a foreign DL)?

DLs procedures are state dependent. You'll need an SSN to get one more than likely though. You can Google "(your state) Driver's license non-US citizen" for your state's requirements. 

 

Point blank: A K1 is not a visitor to the US. Foriegn DLs are for use by visitors to the US.

A K1 cannot legally drive in the majority of US states with a foreign DL. Whether the LEO that pulls you over knows the state law or not is not something you should not risk.

Trust me, if one is pulled over with a foreign DL, they will confirm with your passport that you have a visitor's stamp. 

 

1 hour ago, ArtsyArthropod said:

• When should we obtain our marriage certificate/get legally married? I'm assuming that this (and the SSN and DL) should happen early on in the 90 days, but is there a specific cut-off,

An MC is issued after you are legally married as proof that you legally are. 

You buy a marriage LICENCE TO GET married just like you buy one to fish and hunt.

ML rules vary by COUNTY. Some have a waiting period to get married after buying the license, some do not.

You'll want to know how long it will take in your county to get your MC back too as you cannot file AOS without your MC.

The county clerks office in the jurisdiction of where you are planning to marry will have all of the details. 

 

1 hour ago, ArtsyArthropod said:

• and does one need to happen before the other?

One what?

SSN in maiden name first. 

DL/State ID.

ML.

MC.

AOS.

1 hour ago, ArtsyArthropod said:

• Should we wait to submit the I-485 AOS and I-765 employment authorization forms until after our ceremonial wedding so we can include photos as evidence, or should we apply ASAP using the marriage certificate?

You want to file AOS to be SAFE, before the 90 day period closes. 

Again, you are confusing a ML with a MC. 

MC comes AFTER marriage.

"Usually" a couple of weeks later. County clerk can tell you. 

 

You cannot file I485 before you a. Are married AND b. Have your OG/certified MC on hand. 

1 hour ago, ArtsyArthropod said:

• And finally, I know that his medical exam from the k1 visa process is valid for 6 months, at least in the sense that he needs to enter the US within 6 months of his exam date.

(or less if applicant underwent sputum testing for TB) from the date of the medical exam.

1 hour ago, ArtsyArthropod said:

• Given the timeline I described above, we would potentially be submitting the I-485 about 7 months after his initial exam. Does that mean he'll need a new medical exam?

The RULE is as long as a K1 FILES I485 within one year of their overseas medical exam AND their DS3025 is both MARKED complete and IS complete, they do not have to redo their medical in the US.

 

Whether the IO that ends up with your file knows that rule or cares to follow it, is up to them. You CAN try to explain at your interview IF you get one if they argue and provide proof in the USCIS policy manual but what they say goes in the end.

 

Of course, if you don't get an interview and they request an I693 in the form of an RFE (NOT a courtesy letter, that's different), you'll have to comply anyways because you'll be required to respond to the RFE.

 

The K1 'exemption' policy is in the manual and also on the I693 instructions for your review. 

 

[Peot 161]

I just want to provide some tips about a driver's license that I have some first-hand experience with. It varies from state to state, but you should be able to get a driver's license if you are "lawfully present" in any state. That means, with any valid status in the US.

 

Evidence can even be your K1 visa, believe it or not, and this is what I initially used along with SSN. However, the expiry is extremely short (obviously), and as such you end up paying a lot to get it renewed. It seems that you can get this in California as well.

 

I got a driver's license renewed at these stages, each done to extend the expiry as long as I could:

• K1
• EAD
• 2 year GC
• 10 year GC
• Citizen

Interestingly, even if they have a foreign driver's license, it can be considered invalid for operating a motor vehicle in the US if they reside in the US and not that foreign country anymore, even if the license is technically valid and not expired on paper. The expectation is that when you move here, you also get a state driver's license to maintain your ability to operate a vehicle. But, this is why I pushed to apply even at the K1 stage to be sure I could drive with a valid license.

 

Having a driver's license as early as possible also made it significantly easier to get access to services, such as a bank account, and to make purchases that might require it. For that reason, I always suggest getting a driver's license as early as you can, even if you will have several renewals in rapid succession. 

[ETM8986 7]

Quote

K1 SSN should be applied for in person after day 10 of arrival in the US to allow for the entry to be recorded with DHS and in their maiden name. After day 75, chances of getting it are extremely low. Please see the VJ SSN guides for plenty of info. 

Can one apply for SSN sooner than after day 10? Say on Day 2 or 3? Or would that be an issue?

On the VJ guide it says 2 weeks because of the SAVE database - am I correct in my understanding that now that things are electronic it is not necessary to wait that long?

Thanks - my fiance and I plan to get married within the week of my arrival, hence my question.

[Crazy Cat 41,978]

2 minutes ago, ETM8986 said:

Can one apply for SSN sooner than after day 10? Say on Day 2 or 3? Or would that be an issue?

On the VJ guide it says 2 weeks because of the SAVE database - am I correct in my understanding that now that things are electronic it is not necessary to wait that long?

Thanks - my fiance and I plan to get married within the week of my arrival, hence my question.

Some people have applied and succeeded on Day 1 after entry.  Modern data processing has helped the efficiency.

[ETM8986 7]

Thanks @Crazy Cat. Hoping the AOS won't be too horrible of a process - it's all rather intimidating!

[Boiler 45,657]

I applied before they automated the system, after a few days and I was in the system, the lady asked me if I wanted to know the number, I said yes so she wrote it down for me.

[K1visaHopeful 2,840]

49 minutes ago, ETM8986 said:

Can one apply for SSN sooner than after day 10? Say on Day 2 or 3? Or would that be an issue?

On the VJ guide it says 2 weeks because of the SAVE database - am I correct in my understanding that now that things are electronic it is not necessary to wait that long?

Thanks - my fiance and I plan to get married within the week of my arrival, hence my question.

You can try however the issue is this:

If you aren't in the system, they will tell you you aren't. 

Then they promise you they'll keep checking and process your application when you ARE in the system but that never happens. Your application sits on their desk and dies as they work on applications who WERE in the system from the start.

You'll get a notice weeks later saying after the cut off window that you can't apply any more. 

 

There is no way to prevent that because what are you going to do when you go in and they say you aren't in the system?  Tell them to stop your application? That won't help and they won't. 

It's been as recent as 2 years ago that it took days for DHS to record your entry. SAVE has nothing to do with that.

Waiting until you are in the system is best. Giving them 10 grace is adequate. 

[Boiler 45,657]

It happened to a friend of mine so I just told him to go back a few days later to a different office. Worked.

[Crazy Cat 41,978]

I think @Loren Y and spouse went to the SSA almost immediately after entering the US.....and it worked for them, IIRC.

[K1visaHopeful 2,840]

6 minutes ago, Crazy Cat said:

I think @Loren Y and spouse went to the SSA almost immediately after entering the US.....and it worked for them, IIRC.

But what does one do if they aren't in the system?

That's the point. 

If one isn't, they are screwed because you can't just say "Stop my application" and walk out. You've already applied. 

Why would you risk not waiting?

Why wouldn't you just play it safe?

What happened for others doesn't have to happen for us.

There are PLENTY of ppl who it took 14 days for and that's as of current when I was going through all of this 5 years ago AND for those I've been helping since. 

It's not uncommon to go too soon and be SOL without an SSN until EAD or GC, because some SSN agent dropped the ball and didn't keep checking. That's common as of NOW. I hear it all the time. 

[Loren Y 2,755]

As @Crazy Cat said, this was back in November 2018, so years ago, came thru LAX point of Entry at 7pm on a Sunday night, drove back to Vegas, got up at 8am the next morning, Monday, was in line at the local SSA office when they opened at 9am with paperwork all filled out. Got the number, and was called to window. showed the paperwork, and he immediately said you just arrived last night, there is no way you are in the system, come back in 2 weeks. I had to push a little bit as I knew it is an instant process when you come thru the POE from a few people I know at CBP, and the SS office higher ups. I convinced him to grudgingly get up from his chair and go to the computer on the desk like 10 feet away ( I know, it was a long walk for him). He keys a few things into the computer, and I see him look back with that look like your wasting my time. Next thing you know, the printer fires up next to the computer ( you can see the amazed look in his face, I just smile). he comes back to the desk with a few pages printed out, and finishes the application, and hands up the paper saying you applied for your SS number, and should have it in a week. He stamped the paper with a date and time stamp ( Make sure you keep this paper, as it acts as proof you applied and it is processing). we left and card was in the mailbox a week later. This was 5-6 years ago that the system updated within 14 hours of POE. If you give it 2-3 days, I'm sure you will be fine.