wecanconquer

Hello,

Everyone here has been extremely helpful to me in the past, and have successfully helped my fiance enter the US on a K1 visa and we are set to get married on June 14 (a little over a week ).

I'm sure this information is here on the forum, I just thought I'd ask if anyone has advice on the best checklist/instructions in terms of filing for AOS for my fiance. I'm guessing that concurrent filing is the way to go? If anyone can just give me a good starting point (links,etc) with all of this, I would be very grateful.

I have been looking for a few hours and have come across conflicting information. Thought it would be best to ask the experts.

Any info/helpful tips are appreciated! Thanks again.

ian-mstm

Concurrent filing means that a "petition" (to establish the relationship between a USC and non-USC) and an "application" to adjust status (for the non-USC based on the petition) are filed together. For someone who entered on a K-1, the petition was already filed and approved. Ergo, there's no "concurrent filing" after having entered on a K-1. There's just plain old "filing".


You'll file an I-864 and your (then) spouse will file an I-485, I-131, I-765, and I-693 vaccination supplement. Include all the evidence that supports each form, and the fees ($1070 total, I believe)... and mail it off.

You might find our Wiki helpful.

Ian

wecanconquer

Oh, okay, cool. So there's no need for me to file an I-130 form at all? Sweet.

Thanks for the link, I'll read through the Wiki info now.

Noorah101

Correct.

Rene

wecanconquer

Here's a new question I've encountered:

When filling out I-765, for our current situation (fiancé immigrating to USA from England, has entered into the country on a K1 visa, and will be married), what eligibility category should we put down for question 16? I'm finding the answer unclear. My fiancé has never worked/studied/applied for permission to work before.

http://www.uscis.gov/sites/default/f...i-765instr.pdf

Is it (c)(9)? Or (a)(6)?

Please advise. Thanks again for your continued help!

P.S. In terms of question 10 on the same form, which number (A or I-94) is preferable to list? In our case? I'm guessing the A number, since it's listed first, but I just wanted to verify. Thanks.

Noorah101

c9 is correct.

I don't know what Q 10 asks for, so can't help thou there. What is the exact question?

Rene

wecanconquer

Sorry I did not quote this before.

The question is:
10. Alien Registration Number (A-Number) or I-94 Number (if any)

Noorah101

Sounds like it's asking for either one.

Rene

ian-mstm

(c)(9) is correct.


When an A# is asked for and you have one, put it down.

Ian

wecanconquer

Just another quick question (confirmation, really)...

The number listed under "annotation" on my husband's K1 visa that starts with "A#" is the alien registration number, correct? Just want to make sure. Thank you!

ian-mstm

Correct.

Ian

wecanconquer

Hello again,

Everything is going along smoothly, I'm putting together my husband's AOS packet, and getting ready to send it ASAP. While doing so, I came across something that says that my husband should have applied for a social security card two weeks after he arrived in he U.S. I had no idea about it and am not sure what to do.

His I-94 expires on July 21, and we were planning to go into the social security office tomorrow to apply for a SSC. Is this the best thing to do? Will it delay him being able to get a job, since his issued social security card will say that he cannot work?

Also I read on the application instructions:
"If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card."

If he has a work permit, is it necessary/is there an advantage to having a social security card before he is granted permanent residency?

Noorah101

Yes. He can still apply for a SSN based on his K-1 visa, up until his 76th day in the USA. After that, he will need his EAD in hand in order to appy for the SSN.

No, it won't delay anything. He can't work until he has his EAD in hand anyway.

A K-1 visa holder has work authorization for the first 90 days in the USA, so the above quote does not apply to him.

Only if he wants to work, or use the SSN as a unique identifier elsewhere.

Rene

ian-mstm

What? It won't say that he can't work. It will say that he can't work without DHS authorization... which, for his purposes, will be an EAD. He'll get an EAD if he submits form I-765 as part of the AOS package.

Ian

dragon4609

Dos anyone know where the A number is? I can see a control number and an annotation number which begins with an A, so I am presuming it's that one.