Life after POE: Totally confused and bewlidered

[nandj]

My wife and son arrived in the US with K3/K4 visa on August 16, and I was expecting to received a package from the INS. I have attemted to call INS, DOS, GOD with no success to find out exactly what I need to do next. DOS tells me to call INS/DHS, and I was unable to get a real person on that number.

 

Can anyone give me some guidance on what documents I should expect to receive from whom-ever should be sending them, and also what steps I need to take, and when I should take them???

 

I found this link: http://candleforlove.com/forums/index.php?showtopic=29296

 

but according to the description, it seems that I dont do anything until 90 days prior to the 2 year anniversary of their arrival here, which is 2011.

 

Either the process is really confusing and the government employees suck, or I am just plain stupid !!!

 

Thanks in advance,

Ning and Jim...

[Randy W]

You apply to Adjust Status (AOS) by filing an I-485. You MUST include a copy of the approval notice (NOA2) for the I-130 that you initially filed.

 

You may do this anytime before her visa I-94 expiration date (2 years).

 

Notice that she is NOT authorized to work, and can NOT get a Social Security number. So apply for Employment Authorization (included in the AOS fee) along with the AOS. This card will allow you to get an SS number.

 

If you would rather wait and apply for AOS later, you may apply for Employment Authorization NOW. There is a $365 fee for the Employment Authorization (EAD) when you do it this way.

 

If you delay the AOS application until AFTER your second wedding anniversary, you will get the 10 year unconditional card. If you apply BEFORE your second anniversary, you will get a two year conditional card, and then must file (1 year and 9 months later) to remove conditions.

 

The link you posted is about Removing Conditions, NOT about filing for AOS.

Edited September 18, 2009 by Randy W (see edit history)

[Randy W]

Oh, the son must have his own I-130 and approval notice. If you haven't filed one yet, you may file his I-485 and I-130 together.

 

You are dealing with the USCIS at this point. The Dept of State granted the visas.

[nandj]

Excellent information. I feel less stupid now.

 

I filed an I-130 for both wife and son and received confirmations for both, and I am assuming all I need now is I-485's for both, and an I-765 for my wife. I think I will wait until November to file the AOS.

 

If I choose to file EAD now, is this process quick, or is it best to just wait until we file AOS? She does not have plans to work immediately but I wanted to get the SSN's asap.

 

I appreciate the feedback,

Ning and Jim...

[dnoblett]

They will send you noting unless you entered the USA using CR-1 and CR-2 IMMIGRANT visas.

 

It is up to you to file I-485 to adjust status for each NON-Immigrant K-Visa holder. And in the case of K-4 if you did not file an I-130 for the child you will need to file one now with the childs adjustment.

 

Guides:

 

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

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead I-765 question #16 is (c )(9 ) based on pending I-485.

 

K-3 and K-4 do NOT need to file an I-131 to travel.

 

The "Two Year after arrival" thing you are refering to is I-751 Removal of conditions, this only applies to CR-1 CR-2 visa holders, they get a 2 year conditional green-card that requires I-751 to be filed within 90 days before the CR-Green-card expiration date.

 

In your case, if you hold on filing adjustment of status until you are close to or past 2 years of marriage, the resulting green-cards if approved after 2 years of marriage will be a 10 year un-conditional card. Just keep in mind the medicals for the visa is only valid for 1 year, so you should file I-485 before 1 year has past since medical exam, or you WILL be required to do another FULL medical.

[dnoblett]

Excellent information. I feel less stupid now.

 

I filed an I-130 for both wife and son and received confirmations for both, and I am assuming all I need now is I-485's for both, and an I-765 for my wife. I think I will wait until November to file the AOS.

 

If I choose to file EAD now, is this process quick, or is it best to just wait until we file AOS? She does not have plans to work immediately but I wanted to get the SSN's asap.

 

I appreciate the feedback,

Ning and Jim...

You can file for EAD now, from what I have been seeing EAD take about 2 months.

 

Another OPTION you can do is contact NVC and get the I-130s processed through, and sent to Guangzhou, and perhaps visit China to see family and interview for CR-1 and CR-2 visas.

 

Another member did tis, it will save you some $$$ in fees.

[nandj]

My wife's girlfriend told us she received "stuff" after 2 weeks of POE, but I did not think to ask what visa type she came in as.

 

Thanks to the wonderful information here I have a clear picture of what I need to do, and when I should do it.

 

Thanks to all,

Ning and Jim...

[Randy W]

Excellent information. I feel less stupid now.

 

I filed an I-130 for both wife and son and received confirmations for both, and I am assuming all I need now is I-485's for both, and an I-765 for my wife. I think I will wait until November to file the AOS.

 

If I choose to file EAD now, is this process quick, or is it best to just wait until we file AOS? She does not have plans to work immediately but I wanted to get the SSN's asap.

 

I appreciate the feedback,

Ning and Jim...

 

 

You need to file the I-765 for your son so that he can get SS. SS can't be required, but there are many situations where it is expected (especially school and insurance).

 

For the price (free), don't pass it up.

[nandj]

Excellent information. I feel less stupid now.

 

I filed an I-130 for both wife and son and received confirmations for both, and I am assuming all I need now is I-485's for both, and an I-765 for my wife. I think I will wait until November to file the AOS.

 

If I choose to file EAD now, is this process quick, or is it best to just wait until we file AOS? She does not have plans to work immediately but I wanted to get the SSN's asap.

 

I appreciate the feedback,

Ning and Jim...

 

 

You need to file the I-765 for your son so that he can get SS. SS can't be required, but there are many situations where it is expected (especially school and insurance).

 

For the price (free), don't pass it up.

 

 

Yes anything that is $free$ from this government; grab it !!!

 

SSN for my medical insurance is required. Also the schools in Virginia prefer that all students have SSN, so I plan to submit EAD for him as well.

 

Ning and Jim...

[dnoblett]

Excellent information. I feel less stupid now.

 

I filed an I-130 for both wife and son and received confirmations for both, and I am assuming all I need now is I-485's for both, and an I-765 for my wife. I think I will wait until November to file the AOS.

 

If I choose to file EAD now, is this process quick, or is it best to just wait until we file AOS? She does not have plans to work immediately but I wanted to get the SSN's asap.

 

I appreciate the feedback,

Ning and Jim...

You need to file the I-765 for your son so that he can get SS. SS can't be required, but there are many situations where it is expected (especially school and insurance).

 

For the price (free), don't pass it up.

Yes anything that is $free$ from this government; grab it !!!

 

SSN for my medical insurance is required. Also the schools in Virginia prefer that all students have SSN, so I plan to submit EAD for him as well.

 

Ning and Jim...

BIG NOTE: I-765 costs nothing ONLY if it is filed WITH or after filing I-485.

 

If applying for EAD BEFORE filing AOS there WILL be a fee involved ($340) Using code (A )(9 ) for K-3/4 life act EAD.

Edited September 18, 2009 by dnoblett (see edit history)

[usaRichard]

This thread makes me glad we got a CR-1 visa, thanks again CFL

[Randy W]

This thread makes me glad we got a CR-1 visa, thanks again CFL

 

 

Confusion for the CR-1 comes at the NVC stage.