Nathan&Emily

You are a legal alien allowed to work. Do not mark not allowed on the form.

As a K-1 entrant, you are eligible to get your SSN and you could apply for an EAD right away before AOS. Don't do that though. It is a pointless waste of money, but the fact that you can is why you are a legal alien allowed to work.

~ Moved from General Immigration-Related Discussion to Social Security Numbers - topic about SSN~

This is correct. Legal alien allowed to work. Should be no issue with it.

Yes, I agree, bring your passport and I-94. My husband did not need his birth certificate. You can print out the application and fill it out at home, and bring it with you, or they have a bunch at the office. Just make sure to have filled out the application before they call your number so as not to waste time. My husband and I went the day after he arrived on his K1, no problem. He got the card a week later.

They didn't take my application at all. And took a copy of BC so best to take it just in case.

Thank you so much, Nathan&Emily. I will just go there and see if I have any luck, it's more or less around the corner anyway.

If its anything like mine get there by 8:15 ish. Theres always a huge queue even that early and it takes an hour or so. Get there much later and you could be looking at a 5-6 hour wait to see someone. (in my SS office anyway)

Also, in the VJ guides it says that I should print the loooong RM 10211.530 page too, as if that's some kind of proof that K-1s are allowed to get a SSN. But right where it says "K-1" it also says "Legal alien allowd to work", which means that I as a K-1 holder am not allowed to get a SSN yet as I'm not allowed to work. So how does this text help me at all in this..? I'm so confused.

I printed that out but tbh it caused more confusiopn than help as its an internal SS document and they had no idea how or where I got from and were more interested in that than what it said lol.

Hi and welcome to the US. You can indeed apply for a SS number before you get your EAD and indeed before you get married. All you need is a printed copy of your I-94, your passport and Visa, and your birth certificate. Your SSN will not allow you to work but it is vital in setting up a bank account or being added to your spouses account. Once you get your EAD you will then be all set to work.

I got my SSN about 2 weeks after arriving in the country and it took ten days to arrive in the post.

Even if the k2 is 14+?

Yes. Because they can't adjust without the K-1 adjusting so the support is all tied together.

USCIS usually wants to see 6+ months at present job to accept current income. I'd use a joint sponsor to be safe.

Really? She's got a 2 year minimum contract as well at the job and been there 4-5 months now. Not sure who we could even ask as a joint sponsor. If I delay sending back the RFIE it could probably get to almost 6 months. I have 87 days to return it.

Each and everything you send needs it's own copies of the documents. Pretend each package is it's own separate piece. So if the I-131 requires an I-94 and the I-485 requires and I-94 you need to send TWO copies of it. The I-864 for you and the one for your son will need their own separate documentation (even though it's an exact copy of the one you already sent.)

Yes that's exactly what they want. EVERYTHING is it's own individual package. You must include a copy of everything with each form and with each package as if it's all being sent on it's own without any other paperwork.

The I-864 instructions specifically say not to send in two copies if the person is already named on one tho don't they?

If you get an RFE for most recent tax return, it will always state you did not meet the requirement. Get an IRS transcript so you do not have to worry about whether or not you included a complete copy of the return. Have her provide letter from employer and all her pay stubs up to this point. If she is earning $63k annually, then that should be what is listed for her annual individual and household income on the I-864.

For the K-2, yes, they need their own separate required documentation. Treat each application as if it were being sent on its own. The K-1's I-485 needs a copy of the I-129F approval notice, and the K-2's I-485 needed a copy too. Send back a copy of the I-129F approval notice and copies of their K-2 visa and I-94. Include a statement that they entered on a K-2 derivative visa and did not require a separate visa petition to be filed on their behalf.

Ok that actually makes sense with the income thing. Will do that when my wife gets home from work. Thanks for the info

I agree with the answer got got above mine here on what to send.

Yeah my sound stupid but that is what they want.

Also did you not put anything in the package for the I-131 and I-765?

There wasn't anything else requested beyond what was sent? Nothing specifically needed for 131 or 765 is there?

Yes i know you send it In together but it should still be stuff only for him? Like for example the I-485, I-94 and so on

HI

Yes as already stated I sent in two I-485, his i-94, K-2 visa, everything. All filed separately for him as hes 14 and its all filed completely. Full list I sent is

Me

G-1145

I-485

passport, visa birth cert, marriage cert, DS-3025, I-96, K-1 I-797, passport photos

G-325a

I-131

I-765

I-864

Employment letter, 2 months paystubs (since starting the job), birth cert (US wife), 2015 tax return and W-2s

Son

I-485

Passport, visa, birth cert, DS-3025, I-94, passport photos

G-325a

I-131

I-765

I-864 (named on paperwork above)

Check for $2140.

All of that went in one packet and I ticked the box on the I-485 saying he was K-2 adjusting with a K-1. Only thing I can think is they wanted TWO copies of the I-797 included? Which would be really stupid if thats the case.

What have you submitted for the K-2 alone ... not you?

Sorry not quite sure I understand the question? I applied for K-1 with my son named on it and he was given a K-2. We submitted the evidence above along with both I-485 forms (myself and him) all in one packet and with one check.

Did you provide I-94 for the child also, copy of K-2 visa, and copy of the NOA2 fra i-129F?

Yup provided all 3 in the packet together with mine and his forms.

Didn't this thread already pop up earlier? Probably something similar. Have your wife get a tax transcript from the IRS for 2015. Get a co-sponsor lined up just in case. Yes, she didn't meet poverty guidelines for 2015 on the I-864. However they should have accepted the 2016 documentation of employment. Sorry, can't answer the third item.

Yeah my thoughts were they should have accepted 2016 employment. She only had 2 months of paystubs but they totalled just over 8k for 8 weeks. Working that out for the year comes to an income of 58k. With signed letterheaded letter from employer it should be enough. Seems odd they say the I-864 isnt showing enough income but also say they haven't got the 2015 tax return. Doesn't make sense.

So I'm a little bit confused. Got married in August and filed for AOS mid September. Had my biometrics interview yesterday but today I got 3 requests for initial evidence.

The first one says that we need to submit all supporting tax documentation for the most recent tax year. As far as I'm aware we did that. Submitted W2, 1040A, 8863, 1098. The request says W-2, 1099, 2555 and all supporting tax schedules. What did I miss? No idea on US tax law yet.

The second one then says that the I-864 doesn't meet the poverty requirements. Last year my wife earned 17k as she was finishing nursing school. This year with her new job (started in June) shes on 63k a year (already earnt about as much as last year in 4 months) We sent in a letter from her employer stating her position and full time hours and permanent etc, as well as her pay stubs up to that point. Will this not be enough or do they only base the I-864 on the previous years earnings?

The third one is bizarre. My son arrived on a K-2 visa at the same time. It says you must submit evidence that an immigrant visa petition was filed on your behalf before filing AOS. Examples include I-797 from an I-129f fiancee visa. This was included in the package with his form and mine and copies of the K-1 and K-2 visa. What else can I provide as he's not named on the I-797 as he's the K-2. It's all ticked on his form that he's K-2 and linked to my K-1.

Any help would be appreciated. Waiting for second line support to call me back but I don't anticipate getting very far so may need to make an infopass appointment in 2 weeks to get some help.

Thanks

Nathan

So I'm a little bit confused. Got married in August and filed for AOS mid September. Had my biometrics interview yesterday but today I got 3 requests for initial evidence.

The first one says that we need to submit all supporting tax documentation for the most recent tax year. As far as I'm aware we did that. Submitted W2, 1040A, 8863, 1098. The request says W-2, 1099, 2555 and all supporting tax schedules. What did I miss? No idea on US tax law yet.

The second one then says that the I-864 doesn't meet the poverty requirements. Last year my wife earned 17k as she was finishing nursing school. This year with her new job (started in June) shes on 63k a year (already earnt about as much as last year in 4 months) We sent in a letter from her employer stating her position and full time hours and permanent etc, as well as her pay stubs up to that point. Will this not be enough or do they only base the I-864 on the previous years earnings?

The third one is bizarre. My son arrived on a K-2 visa at the same time. It says you must submit evidence that an immigrant visa petition was filed on your behalf before filing AOS. Examples include I-797 from an I-129f fiancee visa. This was included in the package with his form and mine and copies of the K-1 and K-2 visa. What else can I provide as he's not named on the I-797 as he's the K-2. It's all ticked on his form that he's K-2 and linked to my K-1.

Any help would be appreciated. Waiting for second line support to call me back but I don't anticipate getting very far so may need to make an infopass appointment in 2 weeks to get some help.

Thanks

Nathan

Has she filed for citizenship as shes been eligible for a while I expect?

If you're applying for AOS from K-1 after being in the country for 90 days (or often less) then chances are you won't even HAVE most of the proof required to frontload the application. I couldn't go on our rental agreement as I had no credit to run and wasn't in the country when the lease was signed. I couldn't get the joint bank account until my SS# was through which was almost to the point I was applying for AOS anyway. I can't see that it makes any difference at all having the extra info as all the AOS needs is proof that you've got married within 90 days and are applying together. The big proof is going to be for the ROC when proving its bonafide and you've had time to build the evidence of a life together.

All you need is the printed confirmation of the DS-160 being submitted as far as I recall. There's no letter from the embassy that you have to give them (well wasn't in July) as I didn't receive anything from the embassy in the mail. Also the wait is often MUCH MUCH less than 3-4 hours. I was there a total of 70 minutes from walking in to walking out. Also the visa numbers aren't always called in order so don't fall asleep thinking there's 20 people until your number.

Filed and I-797 received on September 27th. Now to wait more :/

Point #11 contradicts the first paragraph. Point #11 says "If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form" It says IF YOU ARE MISSING SHOTS.

The other link says you need it regardless of if. This point really does need clarifying. I've sent my AOS off without the I-693 and just with a copy of my DS-3025 so I guess I'll find out soon enough.

carefully read the AOS guide and the K1 AOS tips

Carefully read #11
http://www.visajourney.com/content/k1k3aos

Carefully read the first paragraph. Especially the "Regardless of if....."
http://www.visajourney.com/content/k1aos

Hi

My K-1 took about 3 weeks to leave NVC. From what I understand this is average timing. Compared to the rest of the process it is quick Hope this helps

Nathan

Thanks all. SS comes in the mail in 2 weeks. She did ask why my fiance needed it since he cant work yet. I just showed her my printed copy of that page from SS pointing out that a K1 visa holder can apply.

Simplest answer is you need it to open a bank account.

Having done this last week I can tell you that you tick "legal alien allowed to work" 100%

Completely not relevant to the comments but we're assuming the USC in Texas is a man and not a woman because? Maybe I missed a comment somewhere confirming the gender though.

How long can he be out of the country on his Green card before its null and void? Did I read somewhere that you have to live in the US for at least 6 months out of the year or they might revoke it? Seems if he says hes not coming back then the AoS becomes null and void if they revoke his green card for non presence. Or am I imagining that rule?