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Looking for advice on K-1 visa

Looking for advice on K-1 visa

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Old Oct 28th 2008, 12:49 pm
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Default Re: Looking for advice on K-1 visa

Originally Posted by h0tr0dder_uk
Which Do I put?
It's not a trick question... take the question at face value and don't try to read into a question anything more than what is being specifically asked for. This advice will go a long way in your immigration education.

Ian
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Old Nov 4th 2008, 10:01 pm
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Default Re: Looking for advice on K-1 visa

OK - time for another few questions

1) When would I be able to legally work in the USA?
I know that you have 90 days in which to marry where you are not allowed to work, but once married am I allowed then or do I need to apply for AOS first?
2) If so how long does this process take?

3) When will I be able to get a SSN? I know that I need this in order to apply for bank accounts and a driving licence.
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Old Nov 5th 2008, 12:02 am
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Default Re: Looking for advice on K-1 visa

Originally Posted by h0tr0dder_uk
1) When would I be able to legally work in the USA?
When you enter the USA on your K-1 visa, you are automatically temporarily work authorized for your first 90 days. The only problem is, JFK is the ONLY airport which gives you proof of this in the form of a stamp in your I-94. If you don't come through JFK, you are work authorized, but you have no proof to show an employer. You can apply for the temp EAD as soon as you arrive (if you don't arrive through JFK), but it takes 90 days to receive it, so by the time you get it, it will expire.

I know that you have 90 days in which to marry where you are not allowed to work, but once married am I allowed then or do I need to apply for AOS first?
You are allowed to work your first 90 days here, it's just a matter of getting the proof of it in your hands (via the stamp at JFK). Once you marry and file for AOS, your AOS package includes an application for the 1-year EAD. The problem is that there is usually a gap between the end of the temp 90-day work authorization, and the beginning of the 1-year EAD. During this gap, you are not work authorized.

2) If so how long does this process take?
Once you marry and apply for AOS (including the application for EAD), it takes about 90 days to receive the 1-year EAD in hand.

3) When will I be able to get a SSN? I know that I need this in order to apply for bank accounts and a driving licence.
You are allowed to apply for a SSN based on your K-1 status. After you arrive on your K-1, wait about 7 to 10 days, then go in person to the SS office and apply for your SSN. You do not need to be married to do this, and in fact if you have gotten married already, it's better not to even mention it to the SS workers, it just confuses them. You will need to show them your completed SSN application (which you can do online and print out ahead of time), passport, K-1 visa, and I-94.

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Old Nov 5th 2008, 12:36 am
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Default Re: Looking for advice on K-1 visa

Thats good news as it wouldnt be too much extra effort to fly via JFK. Maybe I could get some temporary work for the first 90 days. I could then use the 90 day wait for the 1yr EAD to look for a permanent job, a car, do driving test etc.

I will apply for a SSN as soon as I get there then (well after 7-10 days anyway) so I can get my banking / credit cards, tax sorted etc.

Thanks for your advice
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Old Nov 5th 2008, 1:53 am
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Default Re: Looking for advice on K-1 visa

Originally Posted by h0tr0dder_uk
Thats good news as it wouldnt be too much extra effort to fly via JFK.
IMHO, changing your travel plans to fly through JFK for the sole purpose of getting the stamp, is insane. Unless you want to work at McDonald's, I suggest you use the first few months getting to know your new environment, learning to navigate your new environment, making *local* contacts, updating your resumé, and any other number of things. Again, IMHO, too many people are obsessed with finding work right away and not taking the time to settle in properly.

While you are not me, I was unemployed for 4 months when I first came to the US from Canada - and I already shared a similar culture, knew the language and the idioms, was well educated and skilled. Anyway, just a thought.

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Old Nov 5th 2008, 7:25 pm
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Default Re: Looking for advice on K-1 visa

Originally Posted by ian-mstm
IMHO, changing your travel plans to fly through JFK for the sole purpose of getting the stamp, is insane. Unless you want to work at McDonald's, I suggest you use the first few months getting to know your new environment, learning to navigate your new environment, making *local* contacts, updating your resumé, and any other number of things. Again, IMHO, too many people are obsessed with finding work right away and not taking the time to settle in properly.

While you are not me, I was unemployed for 4 months when I first came to the US from Canada - and I already shared a similar culture, knew the language and the idioms, was well educated and skilled. Anyway, just a thought.

Ian
I hear what you are saying but feel that It wouldnt be any extra hassle for me as most flights from the uk to san diego connect in new york anyway so I may as well get the I94 stamped. This way I can work for the 90 days if I so wish and hopefully the place I work at may want me back permanently once my AOS is completed.

I will be visiting on numerous occasions before the K1 visa is issued so will make local contacts then (although I already know a lot of people in my industry out there). I have spent a lot of time in the usa (particularly california) so I already know the culture, speak the language (english ) etc.

I also consider myself to be well educated and skilled so dont forsee too many problems getting work. I have 20 years experience in I.T and experience of fabricating hot rods / race cars (which is what I'd ultimately like to do), but Im prepared to do any job if thats what it takes.
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Old Nov 5th 2008, 11:36 pm
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Default Re: Looking for advice on K-1 visa

Originally Posted by h0tr0dder_uk
I...hopefully the place I work at may want me back permanently once my AOS is completed.
Or better yet, once you have your 1-year EAD in hand.

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Old Nov 6th 2008, 1:45 am
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Default Re: Looking for advice on K-1 visa

Originally Posted by Noorah101
Or better yet, once you have your 1-year EAD in hand.

Rene
Sorry - Thats what I meant. There are so many terms that I got mixed up
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Old Nov 10th 2008, 3:23 pm
  #24  
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Default Re: Looking for advice on K-1 visa

You do not necessarily need an SSN to have a bank account here in the US. You could always open a joint account with your fiance/spouse under her SSN and appear in person together with her and your passport and you should be fine. Some banks are friendlier than others about this.

In addition, you should research carefully whether it is a good idea for you to quickly obtain a US driving license. There are insurance considerations and also rules that vary state by state on whether a US license is even required to drive.

For example, in Rhode Island, you can drive indefinitely on a foreign license unless you are considered a "resident." There are 4 conditions to being considered a "resident" and owning or leasing real estate is one of them, kicking in the "resident" clause which requires a RI license within 30 days ....which means you have to have insurance, which may or may not be difficult to obtain...

It can get tricky - arm yourself with information.

Good luck!
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