Adjusting Status from K-1

[Mishu]

Anyone have an idea about how long it takes after the marriage (and application for AOS is filed) for you to get your conditional greencard?

Also, at what point can you travel outside of the U.S.?

[Marie]

I'm not sure how long it takes . What service center are you going to be upder?

You can travel as soon as you get your conditional green card. You can travel with a travel document if you didn't overstay or anything like that. But even with a travel document, re-entry is not guaranteed. I've used one without problems though (safe the fact that the moron at the airline counter had no idea what it was and gave me grief). I had no issues with immigration coming back in. Last one in the room, first one out.

[Mishu]

We are going through the Vermont Service Center.

I am trying to figure out if I should visit his family when he goes for his visa/waiver appt or later after his AOS is finished and he has the green card.
If it is years between the appt and the greencard, I will probably do it now. If it is month, maybe I will wait because it is expensive flying from Juarez to the place where his family lives.

[kitkat1]

You should count on AOS taking at least 3 months - could be much faster but smarter to plan on longer. If you are stuck in security checks, it could take a long time to get the green card, so it's smart to apply for Advance Parole if you have relatively definite travel plans.

[CABOWABO]

Just went through this, my wife recieved her green card last week (she came in on fiancee visa) You will be waiting at leat 1 year once you file. Reaon is you must be married at least one year. we filed 7/5/06 green card interview 7/18/07.

[Mishu]

CABOWABO, I am confused. I thought that if he came with a fiancee visa after we marry we file the AOS and he will receive his ss#, greencard, and work visa within months after. This is the first I have heard of waiting one year. Does that mean my fiance won't be able to leave the country for one year after we are married?

[kitkat1]

There is no one year waiting period. You marry, you go to the SSA office and you file for AOS. If all goes well, you get your green card quickly. Many cases are even approved without an AOS interview. If it doesn't go well, you get stuck in security checks or delays waiting for an interview. This is why people who want to be sure they can work and want to travel outside the US fast file and pay for an EAD and AP in addition to the other AOS paperwork.

Have a look at the K1 AOS guide here: http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos

[Coventrated]

My SSN took 3 weeks

EAD and AP 3 months, this still seems normal.

Green Card 15 months, I noticed that it went down to 4 or 5 months and now is back to 9 months or so.

Removal of Conditions - I am betting on 9 months.

Check the timelines for your office, varies a lot.

[USnoiva]

I don't see why you would need to wait for the greencard to travel if you get the AP.
I thought you had to AOS with your local office????

We filed AOS and had greencard in hand 9 months later.
The breakdown:

-September 2004 - filed AOS
- February 2005 - got appointment letter
- May 2005 - interview
- June 2005 - GC in mail

[Chikimyrn]

Mishu - this is our timeline
11/2006 - initially applied for fiance visa
02/28/07 - CDJ appt
03/08/07 - turned in waiver - approved
03/09/07 - entered US on K-1 Fiance Visa
04/02/07 - received SS#
04/29/07 - married
05/24/07 - applied for AOS, EAD
06/23/07 - Biometrics
08/02/07 - Welcome letter, Green card in production

The welcome letter states the green card should arrive within 3 weeks. We did not apply for AP, Greencard is ok for travel. Also we did not have an interview. In CT, we are waiting almost 3 mos for driver license test appointment.

[Mishu]

Chikimyrn, your time line is relatively quick compared to what others are saying...basically 6 or 7 months.

How long did you have to wait before he had authorization to work? I have heard that takes a while.

By the way, did you have your wedding details planned before the visa appointment in CDJ. I think it would support our case, if we have everything planned before the visa appt but it is hard to plan when we don't know if his waiver will be approved.

[Coventrated]

EAD takes 3 months, some POE's give a temp stamp, JFK is the only one I know that does it.

[CABOWABO]

Hey KIT KAT let me explain and educate you a little on the K1 fiancee visa. Once your fiancee arrives in the USA the clock starts ticking. You have 90 days to marry and to adjust status. Once you are married you can file your AOS wich is I-485/I-765/I-864 as well as I-131 if you want. But i think now with the new fees and procedures you have to file for everything. You will recieve a rciept number from USCIS that they recieved everything (you know this) then roughly 7 days later you will recieve an appointment letter for biometrics. (fingerprinting and pictures). In my case it took my wife 70 days to recieve her EAD card from the time we filed the app. You can not apply for a SS# untill your wife/husband has there EAD card. SS wants to see this. They will not give you the number on the spot. It is no taking roughly 3-4 weeks to reciev the number because SS send confirmation once again to DHS to make sure everything checks out. Know in regards to the I-485 on the fiancee visa remember you can get your fincee in the country probably the quickest, but it takes the longest for them to adjust status. Reason being, told to me by our interviewer you mustbe married for at least one year in order to get the conditional 2 year green card, most people who come in on I-130's get there green card without interview and right away because they have been married probably over 2 years and theris no interview needed. With e fiancee visa you must be interviewed. I just went through this whole process. Thanks CABOWABO

[Chikimyrn]

No, I didn't have a thing planned. We expected him to stay in Mexico for at least 10 mos to 1yr. We even signed a rental agreement and paid the rent for 3mos in CDJ before we knew he'd only stay 11 days. I think we were just lucky to file when we did.

I liked planning a wedding without having to worry about the little details. At first due to the $$, a small family gathering was planned, then as our friends found out they pretty much took over and we had a nice wedding with about 200 guests.
Here are esome tips: I never eat wedding cakes but love Costco cakes - so we had Costco cakes. $15 a cake that serves 50.
Invitations: we printed our own and bought them on sale for $10 at the Rag Shop - Like Michaels or JoAnn Fabrics.
Wedding Dress- Ebay $100.
Sunday reception Banquet Hall - 1/2 price on Sunday
we borrowed Linens; we had no wedding favors, or a wedding Party, and we allowed Friends to help.
The best part is that all our friends and family were there. and

[Mishu]

Chikimyrn, great advice. With all of the fees, travel, etc. We won't have much left for a wedding. But I guess the whole point of the wedding is to celebrate with friends and family, not impress everyone with expensive decorations etc.

You have waited only 3 months between applying for AOS and getting the greencard? And only one month after entering with K-1 visa until you got the SS#? I hope ours goes that quickly.

[Chikimyrn]

Cabowabo - i'm sorry, but I must let you know that some of your info is wrong or does not necessarily apply to all fiances.

You said:
You can not apply for a SS# untill your wife/husband has there EAD card.

Yes you can apply for SS as soon as you come in to the country. It is advisable to wait 2 weeks so that when SSA checks w/ DHS your info will alrerady be in the system. And you DO NOT need to have EAD to receive SS#.


You said:told to me by our interviewer you mustbe married for at least one year in order to get the conditional 2 year green card, most people who come in on I-130's get there green card without interview and right away because they have been married probably over 2 years and theris no interview needed. With e fiancee visa you must be interviewed.

As a fiance, you marry within 90 days and apply for AOS, AP, or/and EAD within that 90 day limit. There is not a one year wait for an interview. And as a fiance you do not need to be interviewed some cases are approved without an interview. a conditional 2 year green card can very well be issued before the one year anniversary.

You said:I just went through this whole process.
I did Too!

You said:
Hey KIT KAT let me explain and educate you a little on the K1 fiancee visa.
just a note: I think this is uncalled for, especially to someone who is very well educated on this subject in particular.
Please keep in mind that every case is an individual case, and there are some differences. When we let others know our own experience, others learn from it.

[Coventrated]

Hey KIT KAT let me explain and educate you a little on the K1 fiancee visa.

She can reply to that..

Once your fiancee arrives in the USA the clock starts ticking. You have 90 days to marry

Yes

and to adjust status.

No

Once you are married you can file your AOS wich is I-485/I-765/I-864 as well as I-131 if you want. But i think now with the new fees and procedures you have to file for everything. You will recieve a reciept number from USCIS that they recieved everything (you know this) then roughly 7 days later you will recieve an appointment letter for biometrics. (fingerprinting and pictures).

Biometrics timelines vary. EAD is optional.

In my case it took my wife 70 days to recieve her EAD card from the time we filed the app.

Varies

You can not apply for a SS# untill your wife/husband has there EAD card. SS wants to see this. They will not give you the number on the spot. It is no taking roughly 3-4 weeks to reciev the number because SS send confirmation once again to DHS to make sure everything checks out.

Yes you can, I did. They update their system overnight so you can go back the following day and if you ask them nicely they will tell you what it is.

Know in regards to the I-485 on the fiancee visa remember you can get your fiancee in the country probably the quickest, but it takes the longest for them to adjust status.

K3 is the same.

Reason being, told to me by our interviewer you must be married for at least one year in order to get the conditional 2 year green card,

No

most people who come in on I-130's get there green card without interview and right away because they have been married probably over 2 years and theris no interview needed. With e fiancee visa you must be interviewed. I just went through this whole process.

No


If I have missed anything else, can Kitkat please advise.

[Coventrated]

Cabowabo - i'm sorry, but I must let you know that some of your info is wrong or does not necessarily apply to all fiances.

You said:
You can not apply for a SS# untill your wife/husband has there EAD card.

Yes you can apply for SS as soon as you come in to the country. It is advisable to wait 2 weeks so that when SSA checks w/ DHS your info will alrerady be in the system. And you DO NOT need to have EAD to receive SS#.


You said:told to me by our interviewer you mustbe married for at least one year in order to get the conditional 2 year green card, most people who come in on I-130's get there green card without interview and right away because they have been married probably over 2 years and theris no interview needed. With e fiancee visa you must be interviewed.

As a fiance, you marry within 90 days and apply for AOS, AP, or/and EAD within that 90 day limit. There is not a one year wait for an interview. And as a fiance you do not need to be interviewed some cases are approved without an interview. a conditional 2 year green card can very well be issued before the one year anniversary.

You said:I just went through this whole process.
I did Too!

You said:
Hey KIT KAT let me explain and educate you a little on the K1 fiancee visa.
just a note: I think this is uncalled for, especially to someone who is very well educated on this subject in particular.
Please keep in mind that every case is an individual case, and there are some differences. When we let others know our own experience, others learn from it.

You hit the post button first! But we are coming from the same angle.

[kitkat1]

Chikimyrn, Coventrated - both great, accurate, correct information! CABOWABO was clearly given incorrect information especially in regard to the SSN/EAD. (Not every fiance needs an Employment Authorization Document therefore it is not a requirement for a SSN -- EAD and SSN are two completely separate issues).

People don't "come on 1-I130s" - they come on visas. For those who are married under two years, NO MATTER WHAT VISA TYPE, the visa is conditional and requires lifting of conditions further down the road. There is no relationship between this and the green card wait time or the green card interview - some, like Chikimyrn, don't even have to have a green card interview.


Mishu, read through the guide I posted to make sure you understand the process. Also it is not advised to make any set wedding plans with deposits, etc. since you don't know how long this will take. But once he has entered the country on the K1 and you have married, you can more or less plan on 3 months for EAD/AP. If you wait 2 weeks after entry at the POE to go to the SSN office, he should be in the SAVE system and you shouldn't have any trouble.

[IBMMuseum]

...Not every fiance needs an Employment Authorization Document therefore it is not a requirement for a SSN -- EAD and SSN are two completely separate issues... ...If you wait 2 weeks after entry at the POE to go to the SSN office, he should be in the SAVE system and you shouldn't have any trouble.

Our local SSA office (two hours away) would not issue a card to my wife or stepchildren (on K-3/K-4 visas) without EAD proof (to be fair this was within three days of entry, but the clerk did not review anything before giving us the spiel about EAD). This is one of the kinks we are waiting on currently (I-765s filed for both my wife and eldest stepdaughter, as well as trying to receive LPR status). Furthermore I'm having to work with HR personnel unfamiliar with the immigration process (just the typical "married to a U.S. citizen makes her a citizen" misunderstanding) that want SSANs for my stepchildren to list them on my workplace health plan (my wife is on there fine, without an SSAN, even to have an appointment at the doctor already).

[CABOWABO]

i did the whole process myself and it went smoothly. You now need a EAD card if you do not have a social security number. Law are changing. And in order for my stepson to get his SS# my wife needed to get hers first, so she could put hers on his application. And another correction, you do need to maryand file within 90 days. TRY filing on the 91st day and see what happens( i recall someone was denied because this) And you do need to be inteiewed coming in on the fiancee visa. And you will wait anywhere between 8months to over a year for the interview. Case closed!!

[Coventrated]

i did the whole process myself and it went smoothly. You now need a EAD card if you do not have a social security number. Law are changing. And in order for my stepson to get his SS# my wife needed to get hers first, so she could put hers on his application. And another correction, you do need to maryand file within 90 days. TRY filing on the 91st day and see what happens( i recall someone was denied because this) And you do need to be inteiewed coming in on the fiancee visa. And you will wait anywhere between 8months to over a year for the interview. Case closed!!

I make mistakes, but hopefully I acknowledge them.

I married within 90 days and filed after 90 days.

You wanted to know what happens, I am now a PR.

[Coventrated]

Our local SSA office (two hours away) would not issue a card to my wife or stepchildren (on K-3/K-4 visas) without EAD proof (to be fair this was within three days of entry, but the clerk did not review anything before giving us the spiel about EAD). This is one of the kinks we are waiting on currently (I-765s filed for both my wife and eldest stepdaughter, as well as trying to receive LPR status). Furthermore I'm having to work with HR personnel unfamiliar with the immigration process (just the typical "married to a U.S. citizen makes her a citizen" misunderstanding) that want SSANs for my stepchildren to list them on my workplace health plan (my wife is on there fine, without an SSAN, even to have an appointment at the doctor already).


To avoid any confusion, the thread is about K1, K3 is different.

As you state.

[kitkat1]

i did the whole process myself and it went smoothly. You now need a EAD card if you do not have a social security number. Law are changing. And in order for my stepson to get his SS# my wife needed to get hers first, so she could put hers on his application. And another correction, you do need to maryand file within 90 days. TRY filing on the 91st day and see what happens( i recall someone was denied because this) And you do need to be inteiewed coming in on the fiancee visa. And you will wait anywhere between 8months to over a year for the interview. Case closed!!



Wow Cabowabo. You often post incorrect information and I have avoided making any nasty comments - I've just corrected the information for the benefit of those looking for accurate information. After all, that's what this site is about.

In any event, you have provided wholly incorrect informtion . NO laws have recently changed that impact this process. Read the guides on any immigration forum or better yet, the USCIS site itself.

1) You must marry within 90 days of entry.
2) There is NO law or rule regarding when you have to file AOS. Most people do it as soon as possible because they want an Employment Authorization document and/or AP. No one gets in trouble if they have not filed within 90 days because the rule is TO MARRY within 90 days -- not file AOS in 90 days.

3) "You now need an EAD card if you don't have a SSN". Think about that logically. If you do NOT want to work, you do NOT need an EAD. If you want to have a relatively smooth existence in the US, a SSN is necessary. But EAD and SSNs are not related. You can apply for an SSN once you are in the country, but the information will not normally be in the SSA system for at least two weeks.

4) You do NOT need to be interviewed in order to receive your green card. Did you not read chikimyrn's post that they did NOT have an interview? In fact these days, many many many AOS cases are sent to CSC and approved without an interview.

It would be helpful to the other K1 applicants if you would NOT post information as if you know exactly how this process works -- it's hard enough to keep everything clear and straight without someone like you piping in and demanding that you have all the correct answers (when clearly you do not)and that your process is the norm - it's NOT.

[CABOWABO]

i know wt i am talking about dude, i just went through the process and my wife has the green card. so i guess i am doing something right.

[kitkat1]

i know wt i am talking about dude, i just went through the process and my wife has the green card. so i guess i am doing something right.

The thread is not about proving if you did something right or not. And many people have already taken the time to correct your inaccurate information who clearly indicates you do not know what you are talking about.

The thread is about about providing accurate, true and correct information. It's extremely important for K1 holders to understand the process (as with any visa) and to know that there are no, there are no laws requiring them to have an EAD or to file AOS within 90 days of entry. They also need to know that interviews are not always required - it depends on where the AOS is ultimately processed and whether or not that service center requires an interview. By understanding this, they won't freak out when they don't have an interview date scheduled and their green card arrives within a short time. And certainly it's important to know that there is absolutely no rule or law requiring people to be married for one year before they can have a green card -- that would defeat the entire purpose of the K1 process.

There's no reason to have an attitude here or act like you know everything (especially when you obviously don't). We are here to help other people - not to try to prove we have more knowledge than someone else. I'm finished here.

[Coventrated]

Me too.

Reported.

[Marie]

CABOWABO, they are right. Nowhere does it say you have to FILE within 90 days. You do have to get married within 90 days.

If you can FIND in the law where you can back up what you say, please post it.

[CABOWABO]

i will get the law for you, and post it here KIT KAAAAATTTTT! And i do know what i am talking about, because if i didnt my wife and stepson would not be holding there GREEN CARDS as we speak. I am done here.

[kitkat1]

What exactly is your problem? There are several people here trying to explain to you that there is NO law requiring that people AOS within 90 days. The K1 visa rule clearly state that yes, you must MARRY within in 90s. When you file the AOS is up to you and certainly some people would not feel comfortable being in "status" limbo. But there is nothing illegal about it and many people wait - for a long time.

The fact that your wife has her green card doesn't mean that you know the law or that your experience was the norm.

I'll wait for you to post that law saying AOS is required within 90 daysl

[Coventrated]

What exactly is your problem? There are several people here trying to explain to you that there is NO law requiring that people AOS within 90 days. The K1 visa rule clearly state that yes, you must MARRY within in 90s. When you file the AOS is up to you and certainly some people would not feel comfortable being in "status" limbo. But there is nothing illegal about it and many people wait - for a long time.

The fact that your wife has her green card doesn't mean that you know the law or that your experience was the norm.

I'll wait for you to post that law saying AOS is required within 90 daysl


Forget it, I have reported the thread, we will see what happens.

[CABOWABO]

i have found the law and will be posting it shortly,

[Marie]

let's all behave here. Cabo, I pmed you and never got a reply.

[kitkat1]

i have found the law and will be posting it shortly,

http://www.visajourney.com/forums/index.php?showtopic=82751&hl=

Q. Married in April, Have yet to do AOS?

Answers:


As long as you are comfortable with the fact that you are out of status, cannot legally work and cannot re-enter the US (should you need to leave for any reason) without re-filing for the appropriate visa then you are fine for not having filed for your AOS. When you do file, any out of status time will be forgiven since you're married to a USC.

When entering on a K-1 visa, you are required to marry within 90 days. There is no time frame in which one has to file for AOS.


We waited a year after we were married to file for AOS and are just finishing the process

[Coventrated]

I forgot about this, Why are we waiting?

[kitkat1]

I forgot about this, Why are we waiting?

We're not. I just wanted to post something a little more "official" in case some poor soul came along and believed the mis-information previously provided.

[Coventrated]

Sorry I was being obtuse:

A chant, from my youth:

Why are we waiting
Why are we waiting
Why, oh why

Repeat ad nauseum

[Jake01]

Just putting in my 2 cents........

It states in the Immigration law that you have to marry within 90 days...
if you marry on the 89th 0r 90th day, how are you going to get your AOS package to USCIS within the 90 day period, I think its up to the individual, many cases vary, some people marry and get the AOS within the days, some complete the package after 90 days.

I went for my Bio appiontment last week and was chatting to another Brit, he had come over with his wife (both retired), their daughter is sponsoring them, AOS package for the both of them sent in same envelope, yet the wife had her bio a month prev. to husband, and has also got her interview scheduled for september. just to show, every case is different.

[kitkat1]

And that it's perfectly fine and legal for someone to wait for an entire year if they choose to before they file for AOS. (not a great idea, but not a problem either unlike what cabowabo said/demanded here).

[SHELLYFCO]

Chikimyrn, your time line is relatively quick compared to what others are saying...basically 6 or 7 months.

How long did you have to wait before he had authorization to work? I have heard that takes a while.

By the way, did you have your wedding details planned before the visa appointment in CDJ. I think it would support our case, if we have everything planned before the visa appt but it is hard to plan when we don't know if his waiver will be approved.

Mishu, I submitted a K-1 Application without wedding plans. After all, we had no idea when the wedding would take place as we had no idea how long the process would take. You can certainly show that you've made preliminary plans. I believe we received the approval based on the huge amount of proof submitted. You have to be able to prove an ongoing relationship with the fiance.

[Coventrated]

Just putting in my 2 cents........

It states in the Immigration law that you have to marry within 90 days...
if you marry on the 89th 0r 90th day, how are you going to get your AOS package to USCIS within the 90 day period, I think its up to the individual, many cases vary, some people marry and get the AOS within the days, some complete the package after 90 days.

I went for my Bio appiontment last week and was chatting to another Brit, he had come over with his wife (both retired), their daughter is sponsoring them, AOS package for the both of them sent in same envelope, yet the wife had her bio a month prev. to husband, and has also got her interview scheduled for september. just to show, every case is different.

We married about day 75, I did send off the AoS before day 90, but I was out of status until I obtained the receipt, which was day 100 or so.

[Coventrated]

And that it's perfectly fine and legal for someone to wait for an entire year if they choose to before they file for AOS. (not a great idea, but not a problem either unlike what cabowabo said/demanded here).

Tey would be out of status until they obtained the receipt.

[Coventrated]

Mishu, I submitted a K-1 Application without wedding plans. After all, we had no idea when the wedding would take place as we had no idea how long the process would take. You can certainly show that you've made preliminary plans. I believe we received the approval based on the huge amount of proof submitted. You have to be able to prove an ongoing relationship with the fiance.

Took us nearly a year to get the K1, and plans were not made until I got here.

We did not submit a huge amount of evidence, I did take everthing I could think of to the interview, he only wanted a photo of us together. Varies by consulate.

[TracyTN]

Tey would be out of status until they obtained the receipt.

A K1ers status is dervied from the I 94 after arrival. After the I 94 has expired, the K1er (if married to the original USC petitioner) is not technically out of status - its sort of a confusing, grey area, though I have yet to see someone who delayed filing AOS after marrying the K1 petitioner be denied AOS due to being 'out of status'.

Of course, you should not leave the country or work during this time.

[Coventrated]

A K1ers status is dervied from the I 94 after arrival. After the I 94 has expired, the K1er (if married to the original USC petitioner) is not technically out of status - its sort of a confusing, grey area, though I have yet to see someone who delayed filing AOS after marrying the K1 petitioner be denied AOS due to being 'out of status'.

Of course, you should not leave the country or work during this time.

To adjust from a k1 entry you need to mary within 90 days, not adjust within 90 days.

Being out of status does not in itself stop someone adjusting. Not sure why you think it is grey.

A K1 is a singe entry visa and most do not have work authorisation evidence, I did not.

[TracyTN]

To adjust from a k1 entry you need to mary within 90 days, not adjust within 90 days.

Being out of status does not in itself stop someone adjusting. Not sure why you think it is grey.

A K1 is a singe entry visa and most do not have work authorisation evidence, I did not.

I thought you were talking about not adjusting within 90 days. What I was saying was a bit of a 'grey area' was someone who married within the 90 days and whose I 94 had expired - and they had not yet filed for AOS.

And yes, a K1er is to marry within 90 days of entry. Unfortunately, this does not always happen and the K1er then files an I 130 along with the AOS. I have yet to see an instance where that was then summarily denied (in which case, to my mind, why say you MUST marry w/in 90 days if its basically going to be forgiven).

I'm not sure I'm following your last sentence. But yes, no K1er would have 'work authorization evidence' until they had married and subsequently applied for EAD, or if they had received the interim EAD stamp at POE.

[SHELLYFCO]

I thought you were talking about not adjusting within 90 days. What I was saying was a bit of a 'grey area' was someone who married within the 90 days and whose I 94 had expired - and they had not yet filed for AOS.

And yes, a K1er is to marry within 90 days of entry. Unfortunately, this does not always happen and the K1er then files an I 130 along with the AOS. I have yet to see an instance where that was then summarily denied (in which case, to my mind, why say you MUST marry w/in 90 days if its basically going to be forgiven).

I'm not sure I'm following your last sentence. But yes, no K1er would have 'work authorization evidence' until they had married and subsequently applied for EAD, or if they had received the interim EAD stamp at POE.

I would be thrilled if we received an interim EAD stamp at the POE...though it doesn't sound like it happens often.

[TracyTN]

The only POE that still does it, to my knowledge, is JFK. And at that, you often have to ask them for it (I don't think its a 'routine' for them to just give it to you).