Question after arrival

[Whsia]

First off, I would like to thank bernie and russell and other people who have given me advice on steps to take and what not to take. Id like to personally thank the man who created this website, without you, id be dead in the waters still.

Now that my fiance is set to arrive next week, what is the next step i should take? I know i fill out an I-485 AOS app, but then what? The guidelines get a little fuzzy. I'll break my questions down into bullets to make them easier to read.

1. After the AOS has been submitted, can i enroll her at the local college for english courses?

2. When can she leave the US again to visit her home town, as her being Taiwanese i still need to throw her an engagement party.

3. When can we start the app for her green card? or is the AOS 485 the process itself?

[Bernie31]

So, the big day is drawing nigh. eh? Congrats and all best wishes to you and yours

It seems to me that if she is here on a K1, you have 90 days to tie the knot and then go for the I-485. However, I do not think you need to wait on anything (read AOS with I-485 filing) to get her enrolled in ESOL classes. My wife was able to get started with her K3 alone. Only a few visa types are ineligible for this program and the Ks are not one of them.

I think with a K1, you need an advance parole for travel outside the US. So, just make sure that is okay or else it could be considered abandonment of app.

Cheers!

[Russell]

After you get married you can file the I-485. Make sure you file the I-485 before the 90 days are up.

For the I-485 you will need an I-693 completed by a civil surgeon. The instructions mention something about just needing the vacination part, dont do only the vacination. Get the complete medical done with the vacination report completed by the civil surgeon. At the AOS interview they wanted a complete I-693 and did not care what the instructions say. Unfortunetly we only did the vacination portion and are now delayed.

When you file the I-485 you can also file the I-765 (work authorization, if your wife would like to get to work right away). You can also include the Advance Parole form ( we did not do Advance Parole). Filing the I-765 and the Advance Parole form at the same time as your I-485 does not cost any extra money.

Yes the I-485 Adjustment of Status is the process for the green card (I have heard that they are no longer the color green).

I enrolled my wife in ESL class at the local college. Not all of the colleges offer ESL. Keep looking until you find one. Our local college has free ESL classes, you still have to buy the books. Try talking to the instructor about coming into the class mid-term, you might get lucky and not have to wait.

[Bernie31]

Our experiences with ESL classes have been wonderful. It does appear that these programs vary from state to state. Our program/course is fully paid by Feds and State (finally some benefit to paying taxes all these years ), and no books to buy. Additionally, the program my wife is in allows one to enter the program midstream and stop as and when need to.

[Whsia]

you guys are awesome, thanks for the info. I'll start asking around starting Monday. Hopefully all works. Is there anything i should be weary of to your knowledge?

[nichole]

Your fiance is eligible to get a social security card as a K1, even before she marries. Go to a social security office to apply about 2 weeks after her arrival. Apply in the exact name on her I-94 arrival card. The wait is to make sure her name (from arrival) has been put in the database and the SS office will find her name. A K1 is 100% eligible to get a SS card immediately so if the office you go to is not very experienced with K1s, ask to speak to a supervisor. Tell them to look at the Social Security regulation in POMS called RM 00203.500C.1 - Employment Authorization for Non-Immigrants. She is an alien authorized to work by class of admission, meaning she can have a SSN just by arriving on a K1. BUT that does not mean that she can actually work immediately. It is confusing language, but yes she gets a card as an "alien authorized to work" by Social Security rules, but she is prohibited from working by USCIS rules until they issue her a EAD card or green card.

The card will arrive in her maiden name and be stamped that it is "not for work without DHS authorization." But she will have the number to use in getting added to a bank account, credit card, or enroll in school. You don't have to show the card, just provide the number where required. It will remain her number for life. If she waits too long to apply for the SSN, then the window of opportunity closes until she has a green card. They won't issue a SSN to a K1 when it's 2 weeks or less before the I-94 expires. (The I-94 will be for the 90 days she is allowed in the US to marry.)

Once she marries, and gets the green card, then she can go back to the Social Security office and change her name to her married name (like on the green card) and they will also remove the "not authorized to work" from her card. She will receive a replacement card showing her married name and has no restrictions written on it.

[Whsia]

awesome thanks nicole =) She's on the plane right now be here in 16hours =D thanks to everyone again for all the help.