Simple question for the experts...

[kevinbeijing]

Hi.

Had our wedding on Saturday and the marriage license is on record at the court house. We have her Social Security Number but not card (still 10 days away they said). Went and got a State ID Card (South Dakota)... but it's only good till August because her I-94 Expires then...

 

I guess my questions is: After the wedding, does anything magically change with her status? After getting the SS#, what's the next step?

 

I know we need to apply for AOS and EAD and AP... but what's the wait on those? After the wedding, is she still on a K1 Visa? Is Aug our expiration date? What documents do we need?

 

Ok, it was more than one question, but only a fraction of the questions floating around in my head...

 

Thanks for any input and advice...!

[MRMC]

You should apply for the AOS now and check the USCIS.gov site to see the time for your area. Also at that time you can apply for EAD. Most state governmental agencies will only give you for example a drivers license until your immigration doc. expiration date. Therefore, the AOS will buy you a one year license. The AP is only required if you travel. No need to apply unless you intend to leave the country on a vacation. I applied for the AOS on our wedding date.

[frank1538]

Having slept in a Holiday Inn once, I'll try to answer some of your questions.

 

After the wedding, does anything magically change with her status?

Technically, her status as a K-1 visa holder is governed by her duration of stay as shown on the I-94. As long as she still has time left on her I-94, she's okay. Once the I-94 duration lapses and before she files for AOS, she technically begins to accrue "unauthorized presence." This is not a big deal provided it doesn't run for more than 180 days. Once she files for AOS, her status changes back to authorized. Under http://www.americanlaw.com/unlawfulmemo1.html "aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

 

After getting the SS#, what's the next step?

That depends on when she gets the card. If before the wedding, there might be a question of which name to show on the card if she takes your surname after marriage. If so, take a look at http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...li=&p_topview=1

 

The SS card she gets will likely contain the legend "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." What this means generally is that your SO will need either an EAD or her green card as well as the SS card if she wants to work.

 

Take a look at the FAQs on how best to file for AOS, EAD, and AP. Each requires a separate filing, separate fees, and separate types of documents. Since EAD and AP are not required if you have a green card, you might check the USCIS processing times for AOS in your area. If quick, it may not be worth the time and expense to go after the EAD and AP.

[Feathers268]

It seems like most AOS petitions take about 4 to 6 months but like so much else, there are exceptions. AOS is certainly your next step. What you need is a little long to list but the I-485 document does a good job of listing what to send.

Does your wife plan to work right away? The EAD is only needed if she plans to work before getting the green card. Talk with her about it. If I remember right it was a $175 dollar fee for EAD and similar for AP. In our case, Jen opted to wait for the green card. EAD alone will take some time and if she gets the green card not too long after EAD or AP, you can think of the fee as a donation to the government.

Don't worry about the K1 expiring. You fulfilled your obligation by getting married within the 90 days. She will be concidered AOS pending until she gets the green card.

[Mick]

It seems like most AOS petitions take about 4 to 6 months but like so much else, there are exceptions. AOS is certainly your next step. What you need is a little long to list but the I-485 document does a good job of listing what to send.

Does your wife plan to work right away? The EAD is only needed if she plans to work before getting the green card. Talk with her about it. If I remember right it was a $175 dollar fee for EAD and similar for AP. In our case, Jen opted to wait for the green card. EAD alone will take some time and if she gets the green card not too long after EAD or AP, you can think of the fee as a donation to the government.

Don't worry about the K1 expiring. You fulfilled your obligation by getting married within the 90 days. She will be concidered AOS pending until she gets the green card.

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For the record, our AOS petition took a full 19 months.

 

Then, when we got the green card, there was an error on it. When we went to Memphis back in April, they said they should have it straightened out in, oh, about 22 months.

 

Real expedient system we have here, huh?

[kevinbeijing]

Gang,

Thanks for the quick, info-packed responses!! I've found CFL to be a great place full of great, helpful people...

 

So, if I put 2 and 2 together from above, i get that her ID will expire before she gets the AOS... right?

 

The guy at the DMV only gave her an ID until August because that's when the I-94 expires... but it takes longer than that for the AOS to go through, right? Ideas?? Past Experience??

 

You're all wonderful!

[Feathers268]

You are correct that the state ID will expire but it should not be a problem. As long as you have filed the AOS papers, any questions about her status here can be answered by researching her name via the passport or the reciept number USCIS will give her.

In the mean time, either before or after filing, start combining households, joint bank account, phone bill, energy bill, etc. After USCIS does the paperwork, the interviewer will want to see proof that you both are living together as husband and wife.

But first, print out the I-485 and start collecting the info it calls for. Once you get that filed, you will have all the proof you need that she is here legally. You probably won't have anyone question it though.

[pkfops]

One more thing to add:

 

Since her DR will expire in August, you

may as well file the EAD.

 

Having an "official" picture ID from the government

will make her happy. That should get you through

to the GC.

 

Get a Costco card too.

[se_lang]

At a guess once you file AOS they will send you a Receipt (I-797)just like for 129-f this should be enough to get her State ID renewed. But this is just a guess, check with the issuing Dept.

 

FYI go see my AOS timeline.

[yuehan123]

At a guess once you file AOS they will send you a Receipt (I-797)just like for 129-f this should be enough to get her State ID renewed. But this is just a guess, check with the issuing Dept.

 

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No guessing about it for us. Wife's I-94 was expired. Florida State DMV, or whatever they really call it, checked their list of "we'll accept any of these documents", and I-797 NOA for AOS was the one we used to apply for and receive her state ID.