At the San Ysidro POE

[the.ronin 0]

Ok happy K1ers, my fiance and I are preparing to cross the border tomorrow morning at the San Ysidro POE in California.

I understand that at the POE, we are to fill out the Form I-94 Arrival- Departure document. I've also heard that for San Ysidro specifically, it is $6.00 and they do not take change (friends went through exact same process). I understand it is critical to keep the I-94 until the interview as it validates date of entry.

I hear that the border agent will open the sealed envelope - do they keep it or give it back?

I've been told that they proceed to stamp the passport and insert the I-94 inside.

Big question - are they still issuing the 90-day Employment Authorization Document (EAD)? I heard that has become increasingly rare since 2001.

Anything else?

Thanks so much for the advice!

[edit] Oh yeah, I had verified (twice) with border agents that it is perfectly ok to cross either via car or on foot at any time of day for K1 visa processing (I presume any visa) ... that by car, you will just get sent to secondary and if on foot outside of the permit office business hours, you will just get sent outside to secondary. For anyone that's crossed via San Ysidro, any confirmation / advice greatly appreciated on this as well.

Edited September 28, 2007 by the.ronin

[raymaga 25]

Good luck for your entry tomorrow.

They will open the brown envelope and keep it's contents. The contents are sent to the local office where your AOS interview will take place.

The $6.00 fee is common to all border crossings, I believe.

Enjoy your new lives together.

[the.ronin 0]

Thank you for such a quick response, raymaga ... ok another point of clarification please ...

We MUST file AOS before 90 days is over upon crossing, irregardless of marriage, right? Even if we married within 90 days, after 90 days, she is considered illegal and must return to her home country and apply for the K3 visa, right? Damn that's scary. Ok, so does this mean that the AOS application just needs to be post-marked before the 90 day deadline or received by them (i.e., I've gotten a "NOA" indicating receipt)?

Damn I'm nervous. We've focused all of our energy on the K1 thus far that we didn't really allocate much energy to thinking ahead. We figured we would have the 6 month duration of the K1 before she had to cross and use that time to work through post-K1 issues. Ack.

[raymaga 25]

You can stop panicking, because you have the information a little mixed up.

After entry into the U.S. with a K-1 Visa, you have 90 days to get married (this is very important, so do NOT go past the 90 days). Then, right after marriage, you can apply for AOS (with or without EAD and AP if you choose). There is no time limit on doing this, although it is advisable to do it as soon as you possibly can after your marriage.

[payxibka 10,048]

Thank you for such a quick response, raymaga ... ok another point of clarification please ...

We MUST file AOS before 90 days is over upon crossing, irregardless of marriage, right? Even if we married within 90 days, after 90 days, she is considered illegal and must return to her home country and apply for the K3 visa, right? Damn that's scary. Ok, so does this mean that the AOS application just needs to be post-marked before the 90 day deadline or received by them (i.e., I've gotten a "NOA" indicating receipt)?

Damn I'm nervous. We've focused all of our energy on the K1 thus far that we didn't really allocate much energy to thinking ahead. We figured we would have the 6 month duration of the K1 before she had to cross and use that time to work through post-K1 issues. Ack.

Yes, slow down and take a deep breathe... Meet requirement number One (marry within 90 days) and all will be much easier. You 90th day will be the date stamped on the I-94, do not marry past that date if you want to do AOS from K-1.

[the.ronin 0]

Ok thanks again folks ... I must have come across some misinformation then which indicated that even if you marrie with 90 days, after 90 days she will be considered illegal, need to return to her home country, and will have to file K3.

So just to clarify, even if we married day 89, we can still file AOS, say, day 120 and be ok?? Is that accurate?

[payxibka 10,048]

Ok thanks again folks ... I must have come across some misinformation then which indicated that even if you marrie with 90 days, after 90 days she will be considered illegal, need to return to her home country, and will have to file K3.

So just to clarify, even if we married day 89, we can still file AOS, say, day 120 and be ok?? Is that accurate?

Others who have done exactly that have reported no issues....

[desert_fox 32]

Ok thanks again folks ... I must have come across some misinformation then which indicated that even if you marrie with 90 days, after 90 days she will be considered illegal, need to return to her home country, and will have to file K3.

So just to clarify, even if we married day 89, we can still file AOS, say, day 120 and be ok?? Is that accurate?

point of clarification....you cannot file for AOS unless you are married. No marriage, dont bother filing. The 90 days is just to get married as required by the K1. If you dont get married in that 90 days, AOS under the K1 is not possible. You would have to file the I-130 and wait much longer before your fiance would have a life.