Ok, she is here, now what..............

[rondrum42]

I was wondering, what are the correct steps to take once you are

home with your fiance?

I already filed for a marriage licence, and will be married in the next 30 days.

 

#1- get married (and she wants to take more English classes)

#2- apply for SS card

#3- file for AOS

#4- she wants to work

#5- she needs to learn to drive.....etc, etc

 

Any advice would be appreciated!!

Thanks guys, Ron & Li Ping

[Guest Mike and Lily]

I was wondering, what are the correct steps to take once you are

home with your fiance?

I already filed for a marriage licence, and will be married in the next 30 days.

 

#1- get married (and she wants to take more English classes)

#2- apply for SS card

#3- file for AOS

#4- she wants to work

#5- she needs to learn to drive.....etc, etc

 

Any advice would be appreciated!!

Thanks guys, Ron & Li Ping

 

If you can apply for a state ID card, you should probably do that. Also many states have limits on how long before expiration of a k-1 visa one can take the driving test, so you should research your state's policies on that. As far as working legally, she is out of luck until she receives her EAD. If you want to enroll her in school, you should do that right away as well. Once her K-1 visa expires, doing these things will become much tougher.

 

Good Luck!

[MikeandRong]

I quote Dnoblett on this fantastic follow up on your question:

 

 

 

K-1 can apply for SSN after arrival, but give it a few weeks before attempting to get one from SSA, they wont issue until USCIS updates the database that SSA uses to confirm immigrations status.

 

Apply for Marriage License, and then marry.

 

Get Vaccinations record (Yellow Book) transfered to a supplement by a US Civil Surgeon. Yu had the proper vaccinations done before leaving Guangzhou. CS should be no more than $40 to transfer the record, they many want to soak you for a full medical, don't let them, insist on the supplement only, show the the I-485 directions if you have to.

 

File I-485(AOS)/I-765(EAD)/I-131(AP) and I-864 or I-864EZ to the Chicago Lock Box for Green-card/EAD-card/and Advance Parole (If you want to travel out of country while waiting for green-card) Fee for the whole package is $1010 NOTE: EAD is (c )(9 ) based on "pending I-485" NOT based on K-1 visa.

 

CFL

 

http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htm

 

VJ Guides:

http://www.visajourney.com/forums/index.ph...om&page=ssn

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[Randy W]

If you want the SS card in her married name, some of our members have been turned down for this because it was not the same as the name in the immigration database.

 

If this happens, it may be possible to get the initial card in her maiden (Chinese) name. Then go back with the SS card and marriage license to get it changed.

 

If this doesn't work, you will have to go back after she gets the green card.

 

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

[MikeandRong]

If you want Li Ping to talk to another Harbin woman, have her hook up with my wife Rong on Yahoo or phone. Just PM me.

[Daviation]

Great thread and good timing for us... thank you. We just arrived home 12/17... applied for marriage license on the way home from airport... married yesterday... now in the "what's next step".

 

In regards to the note about waiting until USICS updates their database - any advice on how to know when this has occurred?

 

Since we married yesterday, our next steps were the SSN (in maiden name as recommended above - married name change later) application and I-485.

 

Thanks again,

 

David

[IllinoisDave]

If you want the SS card in her married name, some of our members have been turned down for this because it was not the same as the name in the immigration database.

If this happens, it may be possible to get the initial card in her maiden (Chinese) name. Then go back with the SS card and marriage license to get it changed.

 

Yep. This is what we just got done doing. You may be able to save an extra step than we had to go through do to what was either a simple misunderstanding between myself and the SSA clerk or just a mistake on my part.

 

When we went to get the card the first time, I told the clerk that we wanted to get the card in her married name. She was in the system with her Chinese family name and given name. Well I had filled out the SS-5 form with her American name and married name filled in, based on my misunderstanding of info here. I thought we were allowed to change both names. Long story short, the clerk said we couldn't do that because she was in the system with her Chinese name. I was so sure we could and so agitated that she wouldn't let me that I never thought about asking to just apply with her Chinese given name and her married name. And the clerk never gave me the option,either because she was pissed or she didn't realize I would take that option.

 

So we got the first card in her Chinese family name/given name and after it came we then went to another office and had no problem getting a card with her Chinese given name first, her Chinese family name as middle and her new married name last.

 

You may be able to skip the extra step of getting it in with her Chinese family/given names first and then changing it. Can't hurt to ask. I'd be interested to see you try it this way and see if works.

 

P.S. I would download and fill out the forms both ways before you go to save time if they don't let you do it the way you want.

Edited December 22, 2007 by IllinoisDave (see edit history)

[Shenzhen K-1]

If you want the SS card in her married name, some of our members have been turned down for this because it was not the same as the name in the immigration database.

If this happens, it may be possible to get the initial card in her maiden (Chinese) name. Then go back with the SS card and marriage license to get it changed.

 

Yep. This is what we just got done doing. You may be able to save an extra step than we had to go through do to what was either a simple misunderstanding between myself and the SSA clerk or just a mistake on my part.

 

When we went to get the card the first time, I told the clerk that we wanted to get the card in her married name. She was in the system with her Chinese family name and given name. Well I had filled out the SS-5 form with her American name and married name filled in, based on my misunderstanding of info here. I thought we were allowed to change both names. Long story short, the clerk said we couldn't do that because she was in the system with her Chinese name. I was so sure we could and so agitated that she wouldn't let me that I never thought about asking to just apply with her Chinese given name and her married name. And the clerk never gave me the option,either because she was pissed or she didn't realize I would take that option.

 

So we got the first card in her Chinese family name/given name and after it came we then went to another office and had no problem getting a card with her Chinese given name first, her Chinese family name as middle and her new married name last.

 

You may be able to skip the extra step of getting it in with her Chinese family/given names first and then changing it. Can't hurt to ask. I'd be interested to see you try it this way and see if works.

 

P.S. I would download and fill out the forms both ways before you go to save time if they don't let you do it the way you want.

 

Thanks for all the information will be needing it soon enough, but....

 

Some others did it this way??

 

ssn# Chinese name

State ID card

got married

AOS put down chosen American name, middle initial of Chinese family name, married last name, then on AOS put any other names as her Chinese name and then got the GC in her chosen American name!

 

This was a great write up from chef4u..........

[dnoblett]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

[IllinoisDave]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Edited December 22, 2007 by IllinoisDave (see edit history)

[dnoblett]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Correct. Yu did this for the local public school on her I-94, and she was reemployed when she got her green-card.

[rcbulk]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Correct. Yu did this for the local public school on her I-94, and she was reemployed when she got her green-card.

My sweet SO arrives Christmas morning at 7 am. I am going to fix her a Christmas dinner with all of the trimmings. Wednesday. we get the marriage license and purchase the wedding dress. Saturday at 1:30 pm we become husband and wife. I know we have a lifetime together but I am going to just enjoy the moment and spend some serious quality time with my new bride!!! The paperwork can wait! Time is so short that I plan to savor every moment with my beautiful wife.

[Randy W]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

 

 

The social security card means exactly the same thing, with or without the stamp. The I-9 lists the employment eligibility requirements. Employers are aware of this form, regardless of how they interpret the SS card.

 

At this point, we're simply arguing semantics, except that here in Houston, as long as you can produce work authorization documents within 90 days, you are preferred (by employers) over someone who can't. It's unlikely that we'll be waiting in the long SSA lines simply to remove a meaningless "restriction".

Edited December 23, 2007 by Randy W (see edit history)

[dnoblett]

The social security card means exactly the same thing, with or without the stamp. The I-9 lists the employment eligibility requirements. Employers are aware of this form, regardless of how they interpret the SS card.

 

At this point, we're simply arguing semantics, except that here in Houston, as long as you can produce work authorization documents within 90 days, you are preferred (by employers) over someone who can't. It's unlikely that we'll be waiting in the long SSA lines simply to remove a meaningless "restriction".

I would take the time to get it removed. SSA needs to be updated when immigrations status changes (AOS)(Non-Immigrant --> Immigrant) and also when becomes a naturalized Citizen (Immigrant --> US Citizen)

 

What if my immigration status or citizenship changed?

 

If your immigration status changed or you became a U.S. citizen, you should tell Social Security so your records can be updated. To get your immigration status or citizenship corrected, you need to show documents that prove your new status or citizenship. Only certain documents can be accepted as proof of citizenship for new and replacement cards. These include your U.S. passport, a Certificate of Naturalization or a Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

http://www.socialsecurity.gov/pubs/10002.html#immigration

 

Has to do with a persons benefits from SSA.

[IllinoisDave]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Correct. Yu did this for the local public school on her I-94, and she was reemployed when she got her green-card.

That's what I thought.

Thanks Dan.