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ChristinaH

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Posts posted by ChristinaH

  1. 2.what is the general process, get into US on k1,then get married,then apply for SSN,then apply for AOS?

    You do not need to apply for the SSN before AOS and it can be applied for prior to marriage. My then fiance applied for it about 2 weeks after he arrive as his I-94 was stamped for work authrization. So the SS# and I-94 made it so that he could seek employment until the I-94 expired. (90 days after arrival).

    If his I-94 wasn't stamped for work authrization I am not sure if we would of been able to get the SS# prior to marriage - Someone else please comment on that.

    JFK I belive is the only POE that stamps the I-94 with work auth.

    Even without a work authorization stamp on your I-94 you are eligible for a SSN. It is a restricted one though. It says something to the extent "Employment only after DHS authorization..". I don't remember the words. I would have to go get it out of my file box but I'm too tired to get up right now. ;)

    With your EAD and/or Permanent Resident Card you will be able to remove that restriction from your Social Security Card for employment.

  2. Hi

    Basically we are hiring an attorny to do our k1 visa but we have thought that we will do AOS on our own.

    Somebody please let me know:

    1. Can we apply for AP and EAD before we apply for AOS?If yes,is there any disadvantage of doing that.

    2.what is the general process, get into US on k1,then get married,then apply for SSN,then apply for AOS?

    Can we apply for EAD and AP along with AOS.If yes, how long does it takke to get AP and EAD and what are their validities?

    How long does it take to get AOS approved?Waht happens then,do i get a green card?

    Please help.Baiscally,we are not clear abt the process,if smoebody can desribe this ,we will be highly obliged

    Thanks

    Neha

    1. Not sure about this one...

    2. Yes, that's how you do it. Enter US on K1 visa - get married within 90 days of arrival - files for AOS once you have your marriage certificate (and of course everything else).

    If you'd like to travel outside the US while your case is being processed then it makes sense to concurrently file for AP. Many people also file for the EAD because those usually get approved within 90 days after NOA (AOS almost always takes longer than that). I'm not too familiar with the new fee structure but I think since July 31st you automatically file for AP and EAD. Is that correct?

    EAD is valid for one year , I believe.

  3. Hi Again,

    just found out about form I-693a. What do we do if we were not given a list of vaccinations from the doctor who gave the medical exam in Beijing China? I never knew this could be so confusing please help.

    Usually you get a copy of the DS-3025 (your vaccination history) from the physician that does the medical. If you don't have that then try to contact your physician's office in Beijing and request a copy of it.

    The civil surgeon's here just use that to transfer your vaccination record onto form I-693A. Some people have gotten away with submitting just the DS-3025 but get an I-693A with your application to play it safe and avoid an RFE.

  4. My fiance was just approved for his K-1 and will be arriving next week. I've read on other sites that people brought their medical results with them to help save money with the biometrics and all they had to do was have it translated onto the I-693 form. I'm trying to find out what exactly is the biometrics and if the info. I mentioned above true. The Nigerian Embassy is saying he can't have a copy and they will have to retest him for another $150.

    I appreciate any :help:.

    Biometrics means fingerprinting and a photo at a local USCIS office in the US. The USCIS assignes you a place and date for that.

    As far as the I-693 is concerned.. Did you mean the transfer of your vaccination record onto form I-693A?? A USCIS-approved civil surgeon has to do that in the US. Submit that with your AOS application.

    Have a good day.

  5. USCIS stated in their press room articles due to the massive filing before the increase they were experiencing a slowdown. Should be expected.

    But that still doesn't explain why some people have access to their cases and some don't, given that the timelines are somewhat identical (pre-fee-increase...).

    If a slowdown of the system is the reason then shouldn't every case be equally affected?

  6. well still not working for me !!!

    Nobody really knows why. Some people are able to look up their cases right away and others have to wait until after biometrics. And others just keep trying and one day - et voila - they have access to their case(s) online.

    Happened to me today. I've been trying since NOA1 - to no avail. But this morning I was able to look up at least our AOS. EAD still shows error message.

    Keep trying.

  7. Your visa expired they day you entered the USA, K-1 is a single use visa.

    It is true that the K1 is a "single use visa" in a way that you can enter the USA on that particular visa only once.

    However, you are wrong when you say it expires the day you enter the USA. That is not the case. The K1 has a specific expiration date: 180 days from the day the visa was issued.

    K1 visa holders come to the US to marry a US citizen (within 90 days of arrival) and that is only possible on a valid and unexpired K1 visa.

    Unfortunately what you said is incorrect. There are two seperate and distinct "clocks" as it relates to a K-1 visa. The first is the visa expiration clock which requires you to present yourself at the border to request entry (6 mos.) and the second is the marriage to your USC petitioner (not just any USC) clock (90 days). Do not confuse the two, as they are not dependant on each other.

    I am aware of the two "clocks" that you mentioned.

    I still believe though that it is incorrect to say that the visa expires on arrival day. With a K1 visa you maintain legal status while in the US for as long as the visa is valid - which is 180 days. Whether you get married within 90 days of arrival or not, you still have the option to remain in the country until expiration date. You are allowed to stay in the country as long as the K1 is unexpired.

    Am I still interpreting it wrong?

    If so, I'm willing to learn.

  8. Your visa expired they day you entered the USA, K-1 is a single use visa.

    It is true that the K1 is a "single use visa" in a way that you can enter the USA on that particular visa only once.

    However, you are wrong when you say it expires the day you enter the USA. That is not the case. The K1 has a specific expiration date: 180 days from the day the visa was issued.

    K1 visa holders come to the US to marry a US citizen (within 90 days of arrival) and that is only possible on a valid and unexpired K1 visa.

  9. Processing stops when they issue a RFE. It will resume when they receive the requested items. So it might be a little more than 90 days for processing.

    Thanks for the quick reply, Kim&James!

    Just for clarification: the fact that the processing of our AOS temporarily stops until DHS receives the requested items does not mean that the processing of the EAD (I-765) stops as well, does it? The letter is a bit ambiguous about the "interim employment authorization".

    Thanks again.

    Robert

  10. Hello everyone,

    Received RFE in the mail today for our AOS.

    W-2s and 1099s missing - no big deal. Going to mail those out tomorrow. BUT, it also says in the letter:

    You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations..., until ninety (90) days after the missing initial evidence is received.

    So does that affect the EAD that we concurrently filed or what's behind it?

    I've seen many couples in this forum who had received their EAD's way before their AOS was approved.

    Appreciate the help.

    Robert

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