Need to apply AOS for K1 fiancee

[saint]

I'm USC and got married to my Fiance last month who came to US on a K-1 visa ( I-129F Approved ). since we got married with in 90 days, and are planning to apply for her I-485. so here are few questions that i'm not sure of.

My wife applied for SSN but has not received it yet.

1) do we need to wait until she receives her SSN# or can we apply for AOS with out SSN?
2) do i need to apply I-130 also? ( I've been told that since she has I-129F approved notice i don't need to apply I-130 ).
3) can she apply I-765 ( EAD ) along with I-485?

Thank you

[Russell]

I waited for my wife to get her social security number, before applying for AOS I-485. I do not know if you have to wait for SSN or not but we did as the SSN does not take very long.

When I filed the I-485 we also filed for the I-765. Both were in the same envelope but we papercliped the appropiate papers together along with seperate photographs (passport style photographs).

I never applied for the I-130 only the I-129f.
We also used her new last name on the forms.

We have not completed the process but we have already completed the Biometrics step.

[nichole]

I'm USC and got married to my Fiance last month who came to US on a K-1 visa ( I-129F Approved ). since we got married with in 90 days, and are planning to apply for her I-485. so here are few questions that i'm not sure of.

My wife applied for SSN but has not received it yet.

1) do we need to wait until she receives her SSN# or can we apply for AOS with out SSN?
2) do i need to apply I-130 also? ( I've been told that since she has I-129F approved notice i don't need to apply I-130 ).
3) can she apply I-765 ( EAD ) along with I-485?

Thank you

1. NO, you don't have to wait. Write "none" in the box for SSN

2. NO, that's for people who are already in the US on another type of visa like work, student, tourist, or even entered on the visa waiver then married a US citizen and didn't go home. They have to file the I-130 along with the adjustment of status. K1s and K3s did that petition step as the first part of obtaining a visa to enter the US.

3. If you file I-485 ($1010) then you get two more applications free. That would be the I-765 work authorization and the I-131 advance parole travel document. Each application is separate and as previously mentioned would need separate documents/passport photos as called for in the instructions for each application. Clip each application separately, but mail in one big envelope.

For a K1, the I-131 AP document is a good thing to get. While your wife is waiting on her green card, she can not leave the US for any reason unless she has that AP travel document or she will not be admitted back in. Then you'd have to start over with a K3 visa petition/interview, etc. Her K1 visa is a one-time entry only. Emergencies happen and she may have an urgent need to go back to her country. As long as the AP has been applied for, then it could always be sent to her abroad (for use to re-enter the US) if it hadn't arrived in the mail before she left.

[davidw]

I131 processing time

I will soon be entering the U.S. on a K-1 visa. I will marry my fiancee on February 27 and submit the AOS as soon afterwards as possible.

I have a commitment in my present country on May 20. Is there a USCIS site showing the normal processing time for the I131 advance parole? I have read that it is 2-3 months, but is this reliable?

[nichole]

Yes, it's reliable. Many are in two months. If you don't get it in 90 days, you can make an infopass appointment at a local service center and they should give you one. The issue you should be addressing right now is getting all your paperwork done for adjustment of status. Most of it you can fill out now and leave blanks for things not known yet...like arrival date/flight number. Once you move and get into wedding things, you won't have time to spend on paperwork. Do as much as you can now and all you will have to do is wait on the marriage certificate before filing.

This is a good time to study/complete AOS paperwork so you can ask questions without delaying filing. It's also a good time to try to find a civil surgeon in your area to fill in the vaccination section of the I-693 medical form. Many don't understand that a K visa holder does not have to do a complete new medical exam, but only the vaccination section. So when you call they say they won't sign anything without a full exam. It can take lots of calls to find one who will do what you need for a reasonable fee. Your fiance could be working on that now and get you an appointment in advance. You may need additional vaccines since they aren't required for a visa, but they are required for adjustment of status.

[Mudita]

to get vaccines in India or USA?

Dear Nichole,

We have to face medical appointment asap ,regarding K1.
Good timing to seee this response from you.

My concern is -- DO We get all the vaccines done in INDIA OR we should not get all done in India but get all done in USA?
Are the Civil surgeons ask to repeat all the tests?

What should we decide to ask the doctor in India? Since India is cheaper Cost wise to get the vacciness, We were thinking of doing so !!

What do u suggest !!

Regards,
Mudita

[Russell]

When it was time for the medical report I-693, for my wife's AOS (she came to US on k-1 VISA), our civil surgeon accepted her foreign vacination report. She was missing one vacination and we were not charged any extra money for the missing vaccine.