PachucoBro

My situation is the I am doing some pre-planning on bringing my possible new fiancee to the US using a K-1 visa. I have been through the K-1 process successfully once before several years ago, so I do have some experience filing the paperwork and all on my own.

My question deals with timing of the arrival/entry of my finacee and her 10 y/o son. I would like for my finacee and I to spend some time alone during the 90 days of her visa. This is at her suggestion, which I tend to agree with as there will be alot of adjustment going on and having a young boy along for that ride would make things more difficult. The plan is for her to get adjusted to life here and feel comfortable she can be the one her son can look to for questions once he comes.

The problem is once she is here she can not leave the country till after the AOS is completed, correct? Which could be about 6 months after entry at the soonest. What is the process to get her son here?

Should he be included on the K-1 visa?

Will his visa still be good by the time she can travel back to Colombia?

If he can't come on the K-1 at a later date, how much more time after we get married(within the visa 90 days) can we file a K-3? visa for her son by himself?

Any advice or additional questions for me are welcome.

Thanks.

Just my off the cuff reply... I would not worry too much about having misdemeanors or other smaller, non-violent convictions, especially if a long time in the past. If it is a violent charge against a woman or family member, that might hold things up. Still may not completely STOP everything.

Good luck.

nothing constructive here!! just want to know.. hows it feel to be threatened ? after assaulting and injuring a family member, you ask for help ? #######

You are right... nothing constructive. I am true to my word and will not discuss who did what in our relationship, but you have assumed that what I was charged for, happened just that way. The only thing your response tells me is that you or someone you love or are close to has never had any run ins with the law.

Meaning, you have never been in a situation where someone is telling you you have done wrong doing when you know you haven't but it is out of your control. Don't worry... when you do and you come to a public forum I read, I won't reply assuming you are a bad person and deserve punishment.

I have searched for VAWA though forums posting and have not read anything contructive to tell me the effects of a VAWA filing on the citizen/sponsor.

It is 21 months since my wife and I married and her temporary green card is up in May 2009. I have filed divorce papers Dec 2007 and am looking to finalize the divorce as soon as possible from today. She recently moved out and we have both decided the marriage is no good and we are not meant for each other.

I am not here to talk about our rocky relationship and who did what. Simply put we are both good people who in our own ways love the other, but don't show it the way the other wants to see it.

So in Aug 2007 I was charged with 'Assault with Injury to a Family Member' by the police. I got an attorney and pleaded No Contest and received a 1 year probation with deferred prosecution with a promise to remove the arrest and the charges from my record if completed. Two months later my wife and I went back to living together until a week ago.

She wants to use the VAWA process with the above case repot to continue in this country. Fine with me. I am way passed the 'deportation anger' that the citizens feel initially.

QUESTION:

What I would like to know is when she does this do I need to fear further criminal prosecution if she only mentions the above case or if she claims further and untrue violent acts on my behalf? I feel threatened and worried about further legal problems affecting myself and my family (son/single father), emotionally and financially.

Thank you for any constructive responses.

Ok man I replied to your email as well. Here is my response to your post tho...

Your post is only YOUR side of things, but I would assume that even if you were exaggerating things still are not good in your household or relationship.

I have been AND am going through exactly the same thing, however my wife does not physically harm me to the extent your wife has. infact the opposite happened to me where in an argument my wife fell and hurt herself and then called the police on ME. I now have an attorney and am trying to get my case dismissed.

My wife has thought the same exact things of me as yours does of you. She thought I was seeing someone else or wanted someone else because we were arguing alot. When in reality I loved her very much, but was very standoffish due to her 'mental dischord'.

If you plan to continue to go for the divorce... PROTECT YOURSELF. Reporting the incidents to the police does nothing when she decides to call because of something you did. If you truly want her out of your life help her move and get out and IF she does anythign physical to you that leaves a mark or can be photographed. CALL THE POLICE and press charges. Filing reports will do nothing to help you in the future if things go bad for you.

Now for all the naysayers that had bad mouthed me when I mentioned sending my wife back to Colombia due to crazy behavior and mental problems and saying I was such a jerk for feeling that way... My wife is coming back to live with me after 6 weeks of her taking off to another state after I found ALOT of chat logs with other men INCLUDING her EX boyfriend in Colombia and AFTER me getting a SEVERE criminal case put on me... BUT I know I love her and I know she is crazy like this because she has not learned to GROWUP and realize what is important. I am her husband... and she is my wife.

Good luck to all who are going through the same difficulties. If you think I can offer you some advice or lend an ear let me know. Laterz.

-= Abel =-

[so your gonna toss the baby out with the bath water?

you took a vow - in sickness and in health. trust me i am the last person on this earth to toss those words at you. I think your being a jerk. she needs you!!

I think you are a pure jerk from hell because, common things in any international relationship

you are turning your back on her. I pitty her. really alot of men would appreciate a lady like her

because, alot of men want a sweet innocent lady like what you have. your such the jerk you are- you cant see that. your tossing out a treasure.

just rember this . when you BREAK a heart. your heart will be broken 10 fold!!

The only thing I can say to reply to your extreme post that I am jerk. If the roles were reversed and I was the woman and I was posting about my husband....

He acts like a child. He takes no responsibility for his actions. I found out he has a history of depression and mental illness like suicidal acts.

Would you then be calling the american wife a jerk??? For dragging that poor man away from all that he knows? Advise her to give him more understanding and not get so mad when he arrives at 3am with some woman that is only a friend, but they just met that night at the dance club?

Sorry. There seems to be a double standard when it comes to many family situations, mainly because I am sure that in general the man is always the 'bad guy'. Well in my case it is different and being my son is here for the summer witnessing it all, I am trying to keep my cool.

Thank you for your post, I don't agree with you in the least and I doubt she would either. It is her decision to continue to try and live here illegally to gain 'something' and I am sure since she is a woman you would support her in that, but would you feel the same if it was a man leaving an american wife so he could continue to gain something here in the U.S. when he supposedly came her for love for that one person?

Being that she doesnt have a green card yet, there may not be a way for her to stay in the US legally. I know some people have tried it but the results are mixed.

Wether or not she wants to, she will likely have to go back home. If you are set on divorce, its best to finalize that before she leaves.

Well this is the catch 22. As the petitioner I am legally stuck with being responsible for her, yet if we divorce how is it I am assured she will HAVE TO go back to Colombia?

I mean her plan is to say move in with a friend of her's and conitnue to live here. If the divorce process takes 2 months then when the final decree is made... how do they know where she is or anything? They don't. So as far as I know so far. She continues to live here illegally and I am still stuck with the responsibility? Does that sound correct?

Oh and by the way, how can she possibly stay somewhere else in the US without having you as a petitioner to get her green card? I ask this as you said you were waiting for the interview.

Well How? Easy... she packs her things up and heads to where ever... across the street or across the nation. She then lives here illegally like many others have been doing for years.

As for what I had said about waiting for the interview... I meant to say that so people would know what step in the process we are in. We are/were in the process of waiting for the interview date. At this point I will be sending in a form or letter stating I no longer want to continue the process.

I would not give up on a marriage after 5 months, then again I don't know your situation.

Understand that line of thinking... But here is my side... Since being married 5 months Ihave learned she has a history of mental illness. As recent as 3 years before we met each other she drank gasoline because her and her aunt got into a fight which resulted in both of them not speaking to each other.

Her actions and thought process makes me feel I am the parent and she is the child.

I am not the stereotypical older man marrying a younger womanfrom another country. I do not want a wife/woman that I feel I need to nurture like my son of 10 years old.

In turn she feels I am (for lack of better words) a big meany. And I agree. My reactions to realizing the confident, independent woman that I love is really nothing than a co-dependent young girl have not been the nicest. Her entire life to this moment has been depending on family or friends taking care of her when ever her life encounters problems. She does not have the life skills to take care of herself without undue stress or other bad things happening as a result.

I don't believe either one of us at this point is looking to continue to make it work. This is not the first fight/argument. This is also not the typical 5 omnth marriage due to the fact that most international marriages start where the dating and living together phase usually starts here in America.

So, if our marriage was actually a 5 month relationship that maybe resulted in a rapid live together situation. Would people be as inclined to say work it out or would they say "Well maybe you should end it now."

Yes my wife and I are done. We both feel the other is not the person we fell in love with. Here are some bullet points of the situation.

- We live in Texas and have been married for 5 months.

- She is currently out of status and we have been waiting for the Green Card Interview.

- She does not want to return to her country so she plans on staying SOMEWHERE here in the U.S. Probably in Miami, FL.

- I will stop the immigration process and will not support her getting a green card. She came here with a Fiancee Visa.

- My son is staying with me for the summer with 6 more weeks to go in my 1 bedroom apartment.

The situation is not very pleasant. Her plan at the moment involves her living in my apartment during the divorce process which in Texas will last 2 months minnimum possibly 3 months. She has no job and at this point won't be contributing at all to the household. My main goal is for her to find somewhere else to live, if she does not want to go back to Colombia.

I have no problems in paying for her to go back to Colombia, but I do not want to just fork over $1,000, like she asked for so she can stay living here in Austin or fly to Miami. Though the price would be worth it if she would agree to leave the house soon.

Please offer me any advice or ways to look at this situation. I play the devil's advocate alot so if you want to speak on her behalf please do. I want to look at this at all angles. Thanks.

Yes it is very easy to get a SS card. The rule of thumb is to wait atleast 2 weeks or so after arriving so that all the cimputer systems are updated with your entry information. Otherwise when you hit the SSA office they will not see all the info they need to see to issue you a card.

Also when you give SSA you mailing address make sure you put a 'c/o' with the citizen's name on it as the postman may choose not to deliver the card to your address where he/she has not seen your fiancees name before.

We goofed and it caused us to wait an additional 2 weeks to get our official card in the mail, however we did go back to the SSA office and they gave us the number which allowed her to oper her bank account and a few other things.

Let's say taxes were not taken out during the year of this independent contracting job, but the total amount altogether is less than $4,000. Any idea what the penalties would be in that case?

MHandMB,

To give you an idea. I goofed on 2005 and forgot to add in a 1099 I got from Google Inc. for the amount of $1200 or so.

I got a notice about 2 months ago with a total dues after fees and interest of about $400.

That was the tax I owed plus the fees and self employment yadda-yadda.

I have posted a correction to my 'rot' HERE.

We went to the SS office today and the person I spoke with said his SS card, as long as it does not say "not authorized for work" will be enough proof of eligibility to work.

Yes this is what I was told and prior all that I had read followed the same line of thought. I have since found different.

I think the real problem is getting something from column b, to prove identity, because foreign passports, identity cards, etc are not allowed.

Actually in List A Item 5 I think shows a Foreign Passport is acceptable to prove both, but only with the I-551 stamp or an EAD.

You won't get a SS card without the words "Not allowed to work without DHS authorisation" unless you have a green card. The required DHS authorisation is a EAD or EAD stamp on your I-94. Simply having a K-1 visa is not enough. Employers are not allowed to employ you unless you have a EAD of some kind.

This is absolutely correct as stated in the INA 8 C.F.R. § 214. You have to have an EAD to work and still MAINTAIN status of your Visa.

On another note... if you continue to read to the end of the response letter from Dr. Gonzalez you will also learn the intentions of the USCIS to ELIMINATE the ability for K-1 Visa holder to work at all during the initial 90 day period.

That will truly s*ck as how do they expect a wonderful marriage to start when economic hardships cause many marriages to fail. For a USC who make good money this may not be an issue, however the limits of support allow those making less than $20k a year be a sponsor.

Pretty hard I would think for someone in the bracket to afford all the fees and such of the immigration process as well as support another adult. Difficult to me maybe not to others...

Ok as I had to dig further on my own since no one else cited proof... I have found the CORRECT information as stated within the legal jargon of the Immigration and Nationality Act (INA).

I believe dr_lha was one of the persons continually telling me the correct information, but not showing me any exact documentation to the contrary. below I have provided links/text to confirm the following.

You CAN NOT work during your initial 90 day period on K-1 visa and still MAINTAIN status unless you also have an EAD.

I will leave out the words ILLEGAL and LEGAL because these documents do not say that so.. that is a whole 'nother discussion.

The best information I got came from a response document that Dr. Emilio Gonzalez wrote speaking about changes to the EAD process for K-1 Visas (Response Letter - Page 3).

The first sentence sums it all up actually. The K-1 visa allows for the ability to work, but yes you do need to also have an EAD as well. It further states that the K-1 visa DOES NOT grant automatically 'Employment Authorization' incident to the status of being a K-1 visa holder.

My mistake was reading (8 C.F.R. § 274a.12 - as quoted by Dr. Gonzalez) which does say in the wording...

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes.

BUT.... the following sentence then contradicts the 'incident to status' with the following...

Any alien who is within a class of aliens described in paragraphs (a)(3) through (a)(8) or (a)(10) through (a)(16) of this section, and who seeks to be employed in the United States, must apply to the Service for a document evidencing such employment.

Also another section as quoted by Dr. Gonzalez (8 C.F.R. § 214 - search for the text "(9) Employment authorization") contains this information which also says words that can be misconstrued.

(9) Employment authorization. An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay.

BUT... then again are followed by...

K–1/K–2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to §274a.12(a)(6) of this chapter.

So the problem I have fell victim to is the wording K-1 visas have incident to status the ABILITY to work, but not the actual EMPLOYMENT AUTHORIZATION which is actually proven with the EAD.

SO! I am WRONG, but I have PROVEN that you guys are correct. 'You guys' meaning those that just spit out no can't do that, but never really said why not or never really knew why just that no one else said you could.

Now please tell me that with using the INA as my proof what I have said is TRUE.

Thanks goes to all of you who kept telling me what is right and forced me to look further into the documentation. I have learned alot. It all boils down to what we all have said and known that the business are who are at fault for ALSO not knowing what is correct and our government for not enforcing it.

Yodrak,

It's useless. This guy knows it all anyway. There is nothing any of us can say that he will accept.

Now... who is being ugly?

I know I haven't said anything bad to you guys. Don't know why you have to be towards me.

Unfortunately, this evening I have not been able to look at the DHS.gov website. Something is up with my DNS or their website.

DHS.gov as you guys have shown me is the TRUE keeper of whether you CAN or CAN NOT work.

HOLY GEEZ, BATMAN! Did I just say I learned something from this discussion... maybe NOW I know it all, huh?

Most people are aware that they can work for 90 days but that they then need to quit their job until they have the EAD to show their employer. For that reason, I assume, most choose to wait.

What people latched onto was:

She worked at a mexican restaurant under the table

We now are sending out the AOS this week and her I-94 expires on DEC 26, after which she will continue to work and have her taxes taken out of her check as usual. If we are asked after DEC 26 about the expired I-94 (which I seriously doubt) we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

Yes I agree Kitkat. The frustrating part was just that... once people latched on to the illegal thing then everyone just immediately assumes everything I am doing is underhanded or not legal. My information that I originally wanted new comers to this part of the process to know is "YOU CAN WORK during the frist 90 days after you get a SS card, WITHOUT having to have a EAD to show."

Thanks for taking a second look at my posts.

I understand your point now which is simply that if you are on K1 you can work even on cash if you claim it later. And you can get SSN and then work easily even without EAD.

Your right its a tough sell to the employer.

I think your point came as a surprise to VJers but I think most have understood your point now.

A breath of fresh air...ahhhh. You could still say I am wrong, but knowing that you atleast understand my point of view is great. that is how things are resolved when people take tiem to understand the thought process of others and whether you agree or not you then discuss the various parts of each persons point of view.

And it really is not a big sell to the employer. If Illegals CAN get jobs illegally why do people think it would be so hard or difficult to sell an employer on hiring your fiancee when they HAVE all the proper documentation.

Thanks for your post Sheraz.

IMHO, Best to consult a qualified immigration attorney rather than rely on anything you read here or in a book.

Well my aunt was an Adjuant Judge for a few years and now works as a Director for EEOC. I made a call to her this evening and asked if she had any friends that could help with my questions. She is going to email me contact information to an attorney who deals in immigration and I will see if he can answer my questions in his spare time (read as FREE time).

we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

THIS is what the crux of the whole matter is. You claiming you will stall. That's the issue everyone has. SHEESH!

SHEESH!! Is my point... now after my spanish inquisition you guys say oh yeah with the 90 days sure... THAT IS ALL I EVER HAD A PROBLEM WITH... people saying you can't work during the 90 days without an EAD.

What I decide to is just that my decision, right or wrong. But know that since you guys keep quoting me... Show me where I EVER said other people should do as I do (in regards to anything that is against the rules)... or where I said I felt that doing the things I have or will do is the RIGHT thing to do...

Luckily I am not phased much by this GREAT discussion... I just wish more of you guys would spit out more logical information other than "It's ILLEGAL!...cuz it just is." or "Burn the witch!" LOL

Anyways... Good luck to everyone on their upcoming AOS interviews. I will be sending my paperwork off tomorrow morning. Would have been this afternoon, but I just couldn't get away from these discussions.

Ok...

So to recap my thoughts in a organized matter so people don't keep twisting my thoughts, ideas or what have you...

Yes my wife did work for cash under the table in the past (1 1/2 months = < $500) the biggest wrong about that is not paying taxes, but if she made less than $600 a year there is something about not having to file? or something... will need to read more, not sure.

In any of my posts have I said the working illegally is good or right? NO.

Have I encouraged others to do the same? NO.

I have only stated what I have done in my personal experience.

My wife now works LEGALLY for SEARS Grand where she DID show her I-94, Passport AND her SOCIAL SECURITY CARD.

The reasons for my rantings were for aliens entering the US on a K-1 visa and any other visa that has the ability to work available to them during the initial 90 days WITHOUT needing an EAD.

The biggest thing that I cannot prove that people still keep saying is how do you prove to the eomployer you are DHS authorized. You TALK TO THEM! You TRY! you say HEY! I want to work here. I have a passport, an I-94 form and a K-1 visa that allows me to work (as even Yodrak has confirmed for you guys since you couldn't believe me and all the links I provided). YOU KNOW YOU ARE IN THE RIGHT. Atleast for 90 days.

Let the employer decide if it is worth taking your word and the plethora of web pages that I printed off saying the K-1 visa is allowed to work with out any additional paperowrk.

I am not promoting 'getting over' on anyone or anything. Only saying get out there and try and ask questions and stop just taking things at face value. I have been getting slammed about all this stuff, but many other K-1 Visa people are working hard while, we the VJers a small percentage of visa holders in the US, don't work.

OMG! Who did I insult? I swear you guys just keep throwing more stuff at me that I didn't say... Like not showing my wife's SS card... I think three time I have said she showed her SS card and they made a photocopy of it just like most other companies doing business here in the US.

Did I find a loophole? NO!!! It is a fact of how things are done. Not a cheat or a get around. Most of you guys are past this point of the first 90 days so why not ahev some of the new comers to the US ask these important questions at the SSA and wherever else they need to find out about working in the US.

Ever wonder why only JFK does the 'OLD' temp EAD stamp? As told to me by 2 SSA employees... Is that they still continue doing it the old way. it is not needed anymore because of the changes made so that ALL K-1 visas are allowed to work in the US based that fact that it is inherent to the K-1 visa to be allowed to work during the initial 90-days. You don't NEED to have an EAD during those first 90 days!!!

SSN is given after EAD is received. So no harm there and expired I94 does not matter in case of K1

WRONG and plenty of others on these forums have said... even the guides say... wait 2 weeks after entry in the US and then go get your SS card. You do not need to wait for your EAD to get a SS card.

See what I mean... people need to do more reading or investigating. I feel I have done a due amount to be able to say what I am saying. AND I have first hand experience at accomplishing it with everyone (official state and federal personnel) telling this is how it is done.

PachucoBro: Your one experience does not make what your wife is doing "legal". If Sears allowed her to sign the I-9 with a SS card that said "Only valid with DHS Authorization" on it and didn't ask for the EAD card, they are breaking the law. Simple as that.

Read the first paragraph of this answer.

Essentially, you are eligible to work as long as you I-94 is valid. After the I-94 expires then yes you need to stop working and wait for your EAD to arrive.

As I said before, your wife won't get in any trouble for it. That doesn't mean what she is doing is legal.

Totally understand what you are saying and IF my wife was getting away with doing something illegal I would never feel it was RIGHT. NEVER. Nor suggest anyone else follow suit.

I swear you guys are killing me... ok to the person who reposted from the SSA.gov. You are reading the wrong parts to prove that you CAN work legally during the first 90 days. STOP TRYING TO PROVE ME WRONG AND SEE IF YOU CAN PROVE ME RIGHT!

From the first link...

My immigration document shows K-1. How do I get a work Social Security number?1st paragraph : The K-1 symbol on your immigration document indicates that you are the fiancé of a U.S. citizen and you are eligible to work. We, therefore, can assign you a number and card so that you can work.

That said K-1 symbol, not a temp EAD stamp.

From the second link...

Do legal aliens need a Social Security number to work?

You are required to get each employee's name and Social Security number and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. The employee is required to show the card, if available. You may, but are not required to, photocopy the Social Security card if the employee provides it.

This says that the employer needs your number, but not necessarily the actual card. Only if it is avbailable and they MAY want to photocopy it, most companies do.

If the employee is a noncitizen, we must verify their documents with the (DHS) before we issue a card. We will issue the card within two days of receiving verification from DHS. Most of the time, we can quickly verify documents online with DHS. If DHS can't verify the documents online, it may take several weeks or months to respond to Social Security's request.

This says that the SS Administration verifies with the DHS that the alien is able to work. SSA WILL NOT give you a SS card that says "VALID with DHS Approval" UNLESS you truly can work. Therefore when you go get your SS card the SSA is doing those checks. The Employer does not need to do anything else.

Employers may hire foreign workers who have applied for and are waiting to receive Social Security numbers and cards. The employee may work while the Social Security number application is being processed. If your employee applied for an SSN but does not have it when you must file Form W-2, enter "Applied for" on the form. When the employee receives the SSN, file Form W-2c, Corrected Wage and Tax Statement, to show the employee's SSN.

This says that even if you don't have your number OR your card you CAN be employ an alien. You just have to make sure you get the number within some certain period of time that employers have to abide by. If you as the alien don't do it you could lose your job because the employer must have that info to pay you legally.

From the third link...

What types of Social Security cards does SSA issue?

3. The third type of card bears, in addition to the individual's name and Social Security number, the legend” "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." We issue this card to people with DHS permission to work temporarily in the United States.

If you are a noncitizen, we must verify your documents with DHS before we issue a SSN card.

This says once again that the SS Administration is the one verifying you can legally work. They do this by checking with the DHS system. Otherwise they will issue the type of card listed in #2, the one not valid for work purposes.

C'mon people this isn't rocket science and I am not just blatantly throwing out information that I have freshly pulled out of my *ss. I have first hand experience of going through the steps and asking each authority in the matter lots of questions so that I CAN be informed of how it works.

It would also stand to reason that if you guys never tried to get employment during those first 90 days how is it you DO KNOW that it can't be done? Did you try? Did you make trips to the SSA or the state offices? or the DHS? to find out all you could?

C'mon... flame down and start reading what I am saying. Whether my other transgressions are going to send me to H*ll is irrelevant. The parts about legal employment is stuff I have researched and completed first hand so my wife COULD work legally for as long as possible.