I have just filed forms DS-230, 156, 157, etc, in london and have arranged my medical for mid August. (i don't have interview date yet).

my fiance and i will marry as soon as i arrive in the states from the uk with my visa, and i hope to start working asap (in ny). our lawyer has filed the papers for me to be able to work whilst I wait the 12 or so (?) months on my green card.

quick question, how long does this process usually take, from me entering the states on a k1 (assuming we get married within one week), to being granted a social security no. and being able to obtain employment?

days?....weeks?...months(!)

thanks,

al

If you arrive at JFK Airport in NYC you can most likely get the work authorization stamp which will allow you to work for 90 days. Your attorney is incorrect. There is NOTHING he can file NOW to get you work permission before your marriage and filing for adjustment of status. All you will be entitled to is the 90 EAD stamp if you are lucky enough to get it. Your one year EAD will come in the mail after filing for it when you have married and filed for adjustment of status and can take 90 days to get once you filed. So you might well be without permission to work between the expiration of the temporary stamp given at the airport and the one year EAD.

And if you are filing in the NYC area your AOS will take many years (2 at minimum at the moment) not one year.

Hi Al,
Just curious about this part, I thought the new procedure was that one couldn't schedule the medical until they had the interview appointment letter in hand. Is that not true?

Did you lawyer say what paperwork he filed in order for you to work? That's very interesting, because there IS no paperwork he can file until you actually arrive in the USA, marry, and apply for AOS and EAD. Can you let us know what your laywer did?

Coming in on a K-1, it's far better to apply for the SSN *before* marriage. Kind of hard to explain, but it's quicker than trying to file after marriage. A good time line is to wait about 10 days after arriving, then apply for the SSN, then get married. After applying for SSN, if your name is in the system, it takes about 2 weeks to get the card in the mail.

It seems to be taking up to 90 days lately to receive the EAD. So, assuming you get married in 2 weeks, file AOS and EAD shortly after, and it takes all 90 days to get the EAD, you're looking at about a 3 to 4 month wait after arrival to the USA.

As Rete pointed out, if you come through JFK, you will most likely get a temporary EAD stamp, allowing you to work for the first 90 days. You'll still have to wait a few weeks for the SSN, though.

Also, as Rete pointed out, the AOS processing in NY is running about 2+ years at the moment....not 12 months or so.


Best Wishes,
Rene

Your lawyer is an idiot.

Ian

Or the OP misunderstood what the lawyer said.

The lawyer probably only "filled out" some paperwork in anticipation, but hasn't "filed" it yet.

Rene

If you don't get the temp stamp at JFK you have to file for a work permit but this usually takes longer to receive than your K1 is valid for (!) and you have to reapply for another work permit once you file for AOS anyway. So most people don't bother with the K1 EAD and just get married and file for the AOS one as soon as possible after entry.

We got married and filed two months after I arrived and it took a further 5 months for my work permit to come through, which was (a very tough) 7 months out of work. People have done it a bit faster but previous postings on here have said that 6-8 months is a reasonable estimate for the amount of time you will be legally unable to work when you arrive on your K1 (unless you go thru JFK)

cheers

Jason

True, it may take many months to get your EAD application approved. BUT, if
you apply for an EAD and haven't received it in 90 days, you can go to your
USCIS office and immediately get an interim one. Maybe you didn't realize
that. But you could have had work authorizarion a couple or months earlier
than you did.

In my opinion, the best thing to do is get married as soon as possible after
arriving in the USA, and then immediately file for AOS and EAD. Worst case
is you won't be able to work for about 3 months plus however long it takes
you to get married and file the paperwork (maybe a week or two if you're
really on the ball).

- Eric S.

"jasonabc" <member13286@british_expats.com> wrote in message
news:[email protected] m...
    > If you don't get the temp stamp at JFK you have to file for a work
    > permit but this usually takes longer to receive than your K1 is valid
    > for (!) and you have to reapply for another work permit once you file
    > for AOS anyway. So most people don't bother with the K1 EAD and just get
    > married and file for the AOS one as soon as possible after entry.
    > We got married and filed two months after I arrived and it took a
    > further 5 months for my work permit to come through, which was (a very
    > tough) 7 months out of work. People have done it a bit faster but
    > previous postings on here have said that 6-8 months is a reasonable
    > estimate for the amount of time you will be legally unable to work when
    > you arrive on your K1 (unless you go thru JFK)
    > cheers
    > Jason
    > --
    > Posted via http://britishexpats.com

sorry, my mistake. my lawyer is going to file for EAD on my behalf after the marriage.

i have a medical exam date and I expect to receive an embassy appointment date in the next few weeks. the medical report is valid for one year, so it will be valid when i have the interview.

and just for the record, "ian", my lawyer isn't an idiot. he's a distinguished manhattan based lawyer who happens to be a family friend.

thanks to everyone else who took the time and effort to reply to my post.

al

In defense of Ian, then you were the idiot who posted what your attorney was doing incorrectly.

BTW if you are using the NYC district office for your AOS interview your medical exam will be valid but you will need the vaccination supplement. FWIW, NYC district office is taking 2 plus years to adjudicate AOS interviews/approvals. I work for NYC attorneys and many can be classified in the category Ian suggested and many I work with are honest and hard working. Nice to have friends in high places but being an attorney is not very high in the scheme of things in Manhattan unless he has political clout.

I'm sorry... I didn't realize this was a pissing contest. Based on what you originally wrote, the lawyer was wrong... therefore, an idiot - because he should have known better. I work at a medical school populated by many distinguished scholars, researchers, and physicians. Many of them are family friends, but some of them are still idiots! It doesn't mean they aren't nice people.

Ian

Hey Ian, the guy made an honest mistake. Give him a break. I've noticed
that you are really quick to jump down people's throats on this group. As
I'm sure you know, the whole process is quite confusing and mistakes and
misunderstandings are quite common. That's why people come here -- to get
help. Maybe give them the benefit of the doubt once in a while?

Except for Retire to Italy. She really is an idiot. Please feel free to
make fun of her as much as possible.

- Eric S.


"ian-mstm" <member2954@british_expats.com> wrote in message
news:[email protected] m...
    >> sorry, my mistake. my lawyer is going to file for EAD on my behalf
    >> after the marriage.
    >> i have a medical exam date and I expect to receive an embassy
    >> appointment date in the next few weeks. the medical report is valid
    >> for one year, so it will be valid when i have the interview.
    >> and just for the record, "ian", my lawyer isn't an idiot. he's
    >> a distinguished manhattan based lawyer who happens to be a
    >> family friend.
    >> thanks to everyone else who took the time and effort to reply to
    >> my post.
    >> al
    > I'm sorry... I didn't realize this was a pissing contest. Based on what
    > you originally wrote, the lawyer was wrong... therefore, an idiot -
    > because he should have known better. I work at a medical school
    > populated by many distinguished scholars, researchers, and physicians.
    > Many of them are family friends, but some of them are still idiots! It
    > doesn't mean they aren't nice people.
    > Ian
    > --
    > Posted via http://britishexpats.com

Most of those going through London are having to organise their medicals prior to any interview dates being set (myself inclueded). The medical papers are sent to the home address in a sealed envelope and taken to the Embassy on the day of the interview. I believe this is for 2 main reasons, the Embassy is seriously snowed under with people awaiting interviews ( computer system failures ... staff shortages .. holidays ... security alerts ) and the new system of people using one of 3 Nuffield Private hospitals is not working too well. Some people for whatever reason are finding dates for their medicals to be as rare as rocking horse poop. A few people have even been interviewed with their medicals still pending.

Thanks for the clarification, I appreciate it!

Rene

I am a bit confused...my brother and sister in-law entered the US through JFK and received the I-94 stapled to their passport. However, there is no EAD stamp on the form. I found a website that says K-1 visa holders do not require the stamp; please clarify...THANKS!!!

Website:

http://policy.ssa.gov/poms.nsf/36f3b...4?OpenDocument