Am I understanding the EAD/AOS/AP procedure properly?
Apr 14th 2001, 3:28 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2001
Posts: 265
Hello,
Can someone tell me if I'm reading the K1 FAQ correctly, regarding the proper procedures after my fiance arrives from the UK?
1) Marry within 90 days.
2) He goes to the INS office here in San Diego, and files a form 751 to get his EAD.
3) He takes his EAD to the Social Security office and obtains an SSN.
4) We go back to INS and file for AOS.
5) We also go to INS and file for AP (we want to go to Mexico right after our wedding).
Am I on the right track? It's so confusing, but it's giving me something to focus on instead of this seemingly endless waiting for our approval.
Thank you very much for any input, and I'm sorry if I seem dense.
Can someone tell me if I'm reading the K1 FAQ correctly, regarding the proper procedures after my fiance arrives from the UK?
1) Marry within 90 days.
2) He goes to the INS office here in San Diego, and files a form 751 to get his EAD.
3) He takes his EAD to the Social Security office and obtains an SSN.
4) We go back to INS and file for AOS.
5) We also go to INS and file for AP (we want to go to Mexico right after our wedding).
Am I on the right track? It's so confusing, but it's giving me something to focus on instead of this seemingly endless waiting for our approval.
Thank you very much for any input, and I'm sorry if I seem dense.
Apr 14th 2001, 6:29 pm
#2
Guest
Posts: n/a
Nope you have been derailed. Sequence as follows:
1. Enter with K-1 and marry within 90 days
2. Enter as tourist and marry whenever
3. File for AOS after marriage
4. Include at THE SAME TIME as filing for AOS, the I-765 for the EAD and the
I-131 for A/P.
You cannot apply for EAD after marriage without having a legal right to EAD and that
legal right is the filing of the AOS. The same is true of the A/P. You need a legal
right to be entitled to it and that is again the filing of the AOS.
Hope that helps put you back on the right track.
Rita
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
1. Enter with K-1 and marry within 90 days
2. Enter as tourist and marry whenever
3. File for AOS after marriage
4. Include at THE SAME TIME as filing for AOS, the I-765 for the EAD and the
I-131 for A/P.
You cannot apply for EAD after marriage without having a legal right to EAD and that
legal right is the filing of the AOS. The same is true of the A/P. You need a legal
right to be entitled to it and that is again the filing of the AOS.
Hope that helps put you back on the right track.
Rita
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Apr 14th 2001, 10:27 pm
#3
Guest
Posts: n/a
Nope you have been derailed. Sequence as follows:
1. Enter with K-1 and marry within 90 days
2. Enter as tourist and marry whenever
3. File for AOS after marriage
4. Include at THE SAME TIME as filing for AOS, the I-765 for the EAD and the
I-131 for A/P.
You cannot apply for EAD after marriage without having a legal right to EAD and that
legal right is the filing of the AOS. The same is true of the A/P. You need a legal
right to be entitled to it and that is again the filing of the AOS.
Hope that helps put you back on the right track.
Rita
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
1. Enter with K-1 and marry within 90 days
2. Enter as tourist and marry whenever
3. File for AOS after marriage
4. Include at THE SAME TIME as filing for AOS, the I-765 for the EAD and the
I-131 for A/P.
You cannot apply for EAD after marriage without having a legal right to EAD and that
legal right is the filing of the AOS. The same is true of the A/P. You need a legal
right to be entitled to it and that is again the filing of the AOS.
Hope that helps put you back on the right track.
Rita
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Apr 15th 2001, 1:05 am
#4
Guest
Posts: n/a
I do not have any answers for you but only a question about your question #5:
>
Are you allowed to do that and re-enter the US after the honeymoon?
I ask because I have read something about 'single entry' visa into the US but I do
not know if it applies to Mexico.
Check with one of the pro's in the newsgroup for the right leads.
Joe
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Are you allowed to do that and re-enter the US after the honeymoon?
I ask because I have read something about 'single entry' visa into the US but I do
not know if it applies to Mexico.
Check with one of the pro's in the newsgroup for the right leads.
Joe
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Apr 15th 2001, 1:06 am
#5
Guest
Posts: n/a
I do not have any answers for you but only a question about your question #5:
>
Are you allowed to do that and re-enter the US after the honeymoon?
I ask because I have read something about 'single entry' visa into the US but I do
not know if it applies to Mexico.
Check with one of the pro's in the newsgroup for the right leads.
Joe
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Are you allowed to do that and re-enter the US after the honeymoon?
I ask because I have read something about 'single entry' visa into the US but I do
not know if it applies to Mexico.
Check with one of the pro's in the newsgroup for the right leads.
Joe
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Apr 15th 2001, 1:17 pm
#6
Guest
Posts: n/a
pjane1954 wrote:
>
>
>
>
>
>
>
>
>
>
>
If he is arriving on k-1: -go to SS office and get SS number, using I-94 and k-1
visa as basis (see this page): http://www2.apex.net/users/thehydes/EAD2.html -go to
SD INS office and get temporary EAD card via I-765 form under category a6 -marry
when you want, within the allotted 90 days, file AOS within that 90 days also.
-file for 1-year EAD at the same time you file the other AOS docs, he will need the
1-year EAD card.
See this URl for more AOS info: http://www2.apex.net/users/thehydes/AOS.html
alvena
>
>
>
>
>
>
>
>
>
>
>
If he is arriving on k-1: -go to SS office and get SS number, using I-94 and k-1
visa as basis (see this page): http://www2.apex.net/users/thehydes/EAD2.html -go to
SD INS office and get temporary EAD card via I-765 form under category a6 -marry
when you want, within the allotted 90 days, file AOS within that 90 days also.
-file for 1-year EAD at the same time you file the other AOS docs, he will need the
1-year EAD card.
See this URl for more AOS info: http://www2.apex.net/users/thehydes/AOS.html
alvena
Apr 15th 2001, 1:37 pm
#7
Guest
Posts: n/a
If your fiancee is arriving as a K-1: Try using JFK as the POE, he might get the work
authorization stamp there when he enters the U.S. If you can't use JFK or he doesn't
get the stamp at JFK, then he must go to the INS office in San Diego PRIOR to your
marriage in order to get the temporary 90 day EAD card, you will need to file form
I-765. As a K-1, he does not need the EAD to obtain a SSN, but it wouldn't hurt to
get the EAD first -in fact, it might make things easier. You still must marry and
file AOS within 90 days after his enty into the U.S., so if you must avoid a lapse in
the work authorization I suggest that you marry and file AOS as soon as possible
after he gets the 90 day EAD in order to get the 1 year EAD before the temporary one
expires. As Rete stated, you file for the 1 year EAD and AP at the same time you file
AOS. I don't believe (but I'm not 100% certain) you can travel to Mexico without the
Advance Parole; however, maybe the San Diego INS office will do this quickly. Look
for other postings in the group regarding AOS/AP filing in SD.
If your fiancee is arriving on the tourist waiver program, see Rete's post again.
Hope this helps. "John"
>
>
>
>
>
>
>
>
>
>
>
>
>
>
authorization stamp there when he enters the U.S. If you can't use JFK or he doesn't
get the stamp at JFK, then he must go to the INS office in San Diego PRIOR to your
marriage in order to get the temporary 90 day EAD card, you will need to file form
I-765. As a K-1, he does not need the EAD to obtain a SSN, but it wouldn't hurt to
get the EAD first -in fact, it might make things easier. You still must marry and
file AOS within 90 days after his enty into the U.S., so if you must avoid a lapse in
the work authorization I suggest that you marry and file AOS as soon as possible
after he gets the 90 day EAD in order to get the 1 year EAD before the temporary one
expires. As Rete stated, you file for the 1 year EAD and AP at the same time you file
AOS. I don't believe (but I'm not 100% certain) you can travel to Mexico without the
Advance Parole; however, maybe the San Diego INS office will do this quickly. Look
for other postings in the group regarding AOS/AP filing in SD.
If your fiancee is arriving on the tourist waiver program, see Rete's post again.
Hope this helps. "John"
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Apr 15th 2001, 3:54 pm
#8
Forum Regular
Thread Starter
Joined: Mar 2001
Posts: 265
Good morning!
I want to thank all of you who answered my questions. I read this newsgroup every day, and I don't know how I would manage without all the expert and friendly advice I've read in this group. Your advice is greatly appreciated. I will make sure to post our experiences once my fiance arrives and we begin these steps.
Thanks Again!
I want to thank all of you who answered my questions. I read this newsgroup every day, and I don't know how I would manage without all the expert and friendly advice I've read in this group. Your advice is greatly appreciated. I will make sure to post our experiences once my fiance arrives and we begin these steps.
Thanks Again!
Apr 16th 2001, 4:28 am
#9
Guest
Posts: n/a
in message
[usenetquote2]> > Hello, Can someone tell me if I'm reading the K1 FAQ correctly, regarding the[/usenetquote2]
[usenetquote2]> > proper procedures after my fiance arrives from the UK?[/usenetquote2]
[usenetquote2]> > 1) Marry within 90 days.[/usenetquote2]
[usenetquote2]> > 2) He goes to the INS office here in San Diego, and files a form 751 to get his[/usenetquote2]
[usenetquote2]> > EAD.[/usenetquote2]
[usenetquote2]> > 3) He takes his EAD to the Social Security office and obtains an SSN.[/usenetquote2]
[usenetquote2]> > 4) We go back to INS and file for AOS.[/usenetquote2]
[usenetquote2]> > 5) We also go to INS and file for AP (we want to go to Mexico right after our[/usenetquote2]
[usenetquote2]> > wedding). Am I on the right track? It's so confusing, but it's giving me[/usenetquote2]
[usenetquote2]> > something to focus on instead of this seemingly endless waiting for our[/usenetquote2]
[usenetquote2]> > approval. Thank you very much for any input, and I'm sorry if I seem dense.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
[usenetquote2]> > Hello, Can someone tell me if I'm reading the K1 FAQ correctly, regarding the[/usenetquote2]
[usenetquote2]> > proper procedures after my fiance arrives from the UK?[/usenetquote2]
[usenetquote2]> > 1) Marry within 90 days.[/usenetquote2]
[usenetquote2]> > 2) He goes to the INS office here in San Diego, and files a form 751 to get his[/usenetquote2]
[usenetquote2]> > EAD.[/usenetquote2]
[usenetquote2]> > 3) He takes his EAD to the Social Security office and obtains an SSN.[/usenetquote2]
[usenetquote2]> > 4) We go back to INS and file for AOS.[/usenetquote2]
[usenetquote2]> > 5) We also go to INS and file for AP (we want to go to Mexico right after our[/usenetquote2]
[usenetquote2]> > wedding). Am I on the right track? It's so confusing, but it's giving me[/usenetquote2]
[usenetquote2]> > something to focus on instead of this seemingly endless waiting for our[/usenetquote2]
[usenetquote2]> > approval. Thank you very much for any input, and I'm sorry if I seem dense.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
