ian-mstm

I'm guessing that a succesful adjustment proves only that you have successfully met the various criteria for adjustment. I have no doubt that the government will deny anything other than that. However, as you are aware, there are ancillary benefits... for example, you did successfully pass any number of background checks and fingerprint checks - but whether those actions are beneficial in the long run for whatever reason... well, who can say?

Ian

Gary Morrison

ian-mstm wrote:

    >>... I haven't heard too
    >>many thoughts regarding the nature of what we're doing. For example,
    >>does the AOS have an element of proving worthiness? ...
    > I'm guessing that a succesful adjustment proves only that you have
    > successfully met the various criteria for adjustment.

Hmmm... OK. I suspect I'm not getting my question across very well.

You mentioned successful AOSes, so perhaps I should rephrase my question
in those terms: What can make an AOS unsuccessful? There are various
reasons why they could have denied our K-1, such as FBI background
checks, insufficient income, or the appearance that she was marrying me
only to get into the US. My question is whether, during the AOS
process, they'll be scrutinizing those sorts of concerns, or perhaps
other sorts of concerns?

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Noorah101

I haven't read the whole thread, so sorry in advance if the answer to this is already given.

She only gets ONE visa. The K-1 visa. She will enter the USA with that visa, and that's the end of it. She can't use it anymore. She has 6 months from the time of visa issuance, to enter the USA.

The next step is for her to apply for permanent residency. If the marriage is less than 2 years old at the time she gets her green card, she'll get a 2-year green card (and she will be a conditional permanent resident). This is NOT a visa. It's a status.

After 2 years of being a conditional perm. resident, she'll apply to have the conditions removed, and if that goes successfully, she'll receive a 10-year green card, and will be a legal permanent resident (without conditions). This also is NOT a visa. It's a status.

You must get married within 90 days of her entry. You can delay filing for AOS, but it's best to do it ASAP so she stays in status and can receive the EAD (work authorization) ASAP.

Until she has her green card in-hand, she will need AP to travel outside the USA and be able to return to the USA. Once she has her green card (either the 2-year or 10-year, makes no difference), she won't need AP anymore.

It's just easier and quicker to get her SSN before filing for AOS. If SS doesn't need to verify her status with USCIS, she could get her SSN in about 10 days. If they do need to do a manual verification, it could take up to 10 weeks. But don't worry about it. Try for it about 10 days after she comes to the USA, but before you get married...that's the best route to take for the SSN. Then you can get married after that.

Hope that clears up some of those questions.
Rene

Bob

Well they don't have to, but as it takes around 90 days to get it, it's worth getting, especially if you get married before getting SSN, because you'll then need the EAD to get the SSN....also some states require proof of work authorisation to get a drivers license, but that is state based.

Noorah101

Once your fiance and child are here in the USA, and you've married and started your life together, you should make a point to gather information that you will show at your AOS interview. This information will be anything to prove you are a genuinely married couple with a joint life together. That can include joint bank accounts, joint utility bills (meaning both names on the accounts), cards, letters, or mail received at your address in both your names, joint health or car insurance, paperwork showing she is the beneficiary on any life insurance, 401K's, pictures of all of you together after her arrival in the USA...you get the idea. You'll save all this documentation up, and bring it to show at your AOS interview, which can be anywhere from about 4 months to 2 years after her arrival, depending on your local office backlog.

So yes, you do have prove things.

Best Wishes,
Rene

Noorah101

Also the EAD provides a photo ID for the immigrant, if they haven't yet gotten a State ID or drivers license.

I'd say the EAD is an important document to have, whether the immigrant intends to work or not.

Rene

Noorah101

They will look at the same things, plus looking at your life as a joint couple and family unit.

Rene

Bob

didn't get me beer at the local grocery in maine though...they didn't have a clue what an EAD was *lol*

Gary Morrison

Noorah101 wrote:

    > I'd say the EAD is an important document to have, whether the immigrant
    > intends to work or not.

OK. Thanks for the reply!

I don't think I heard what "EAD" is an acronym for.

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Gary Morrison

Noorah101 wrote:

    > Once your fiance and child are here in the USA, and you've married and
    > started your life together, you should make a point to gather
    > information that you will show at your AOS interview. This information
    > will be anything to prove you are a genuinely married couple with a
    > joint life together. That can include joint bank accounts, joint
    > utility bills (meaning both names on the accounts), cards, letters, or
    > mail received at your address in both your names, joint health or car
    > insurance, paperwork showing she is the beneficiary on any life
    > insurance, 401K's, pictures of all of you together after her arrival in
    > the USA...you get the idea. You'll save all this documentation up, and
    > bring it to show at your AOS interview, which can be anywhere from
    > about 4 months to 2 years after her arrival, depending on your local
    > office backlog.

Aha! OK, that answers my question. Thanks.

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Gary Morrison

That's an excellent summary; Thanks a bunch!

Noorah101 wrote:

    > I haven't read the whole thread, so sorry in advance if the answer to
    > this is already given.
    >
    > She only gets ONE visa. The K-1 visa. She will enter the USA with that
    > visa, and that's the end of it. She can't use it anymore. She has 6
    > months from the time of visa issuance, to enter the USA.
    >
    > The next step is for her to apply for permanent residency. If the
    > marriage is less than 2 years old at the time she gets her green card,
    > she'll get a 2-year green card (and she will be a conditional permanent
    > resident). This is NOT a visa. It's a status.
    >
    > After 2 years of being a conditional perm. resident, she'll apply to
    > have the conditions removed, and if that goes successfully, she'll
    > receive a 10-year green card, and will be a legal permanent resident
    > (without conditions). This also is NOT a visa. It's a status.
    >
    > You must get married within 90 days of her entry. You can delay filing
    > for AOS, but it's best to do it ASAP so she stays in status and can
    > receive the EAD (work authorization) ASAP.
    >
    > Until she has her green card in-hand, she will need AP to travel
    > outside the USA and be able to return to the USA. Once she has her
    > green card (either the 2-year or 10-year, makes no difference), she
    > won't need AP anymore.
    >
    > It's just easier and quicker to get her SSN before filing for AOS. If
    > SS doesn't need to verify her status with USCIS, she could get her SSN
    > in about 10 days. If they do need to do a manual verification, it could
    > take up to 10 weeks. But don't worry about it. Try for it about 10
    > days after she comes to the USA, but before you get married...that's the
    > best route to take for the SSN. Then you can get married after that.
    >
    > Hope that clears up some of those questions.
    > Rene
    >


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Gary Morrison

Now that you folks have pointed out that "the task at hand" in the AOS
is to demonstrate having established a life together, I'm now rethinking
another impression I previously had.

Before this conversation, I was thinking that it would be unwise for my
fiancee to change her family name to match mine. I was concerned that
having a different name appear out of the blue would confuse the
immigration paperwork (plus, she's from China, where the tradition is
for women to keep their original family names when they get married).

However, since I now understand that we need to do as much as we can to
demonstrate having a new life together, it sounds like it would instead
be very desirable for her to change her name to match mine, because that
would show all the more that we've become a family.

Does that make sense?

Relatedly, would it be valuable for her daughter to change her family
name too? She'll be 19 years old when she arrives here, if that matters.

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Noorah101

I don't know about the daughter, but it's not necessary for your wife to change her name, if she doesn't want to. It's true you have to prove a joint life together, but don't do anything you wouldn't normally do anyway. USCIS will understand that some couple don't share the same last name, and also that some couples do not want joint bank accounts. In that case, you can come up with other things to show joint life together. It's not a requirement to change her name, and probably not her daughter's either.

I'm the USC (US citizen) and my husband is the immigrant, but I didn't change my last name to his until after our AOS interview. No particular reason except that I was tired of doing paperwork. lol

Rene

Noorah101

EAD = Employment Authorization Document.

By the way, I think a lot of this is on www.uscis.gov. You might want to browse over there under "how do I adjust status to permanent residency?"

Rene

ian-mstm

Neither she nor her daughter are required to change their name, and a change of name does not demonstrate that you've "become a family". Just my $0.02 worth.

Ian