lisalalauk

Hi there, I arrived in the US 2 weeks ago on a K3 visa, at the US Embassy in London they told me specifically to wait to hear from the INS before I send in the forms for AOS, however, from information on the Internet it seems that you can send it in straight away before the I-130 is approved. Has anyone had any experience of this, it seems that if I applied now before I've been here a year then I won't have to go through another medical as the one I had at the US Embassy will still be good?
Also, I have just had fingerprints taken today for the EAD, does anyone know if this will come through before 90 days and why it takes so long to be able to work? Is there any possibility of working before you get an SSN? I've been waiting so long to get here and now I'm in limbo all over again, I can drive my father in laws vehicle as he has insurance cover for me and my UK driving license is valid for 60 days, but after that I can't get a US driving permit until I have an SSN..........so many questions......any answers will be gratefully recieved.

Lisa, North Carolina

za9ra22

K-3 holders can submit an application to adjust status at any point after entering the US with their K-3 visa. The visa is valid for 2 years/multiple entries and the embassy advice was based on their part of the system which would be for you to return there to get your immigrant visa when the I-130 is approved rather than the option to adjust status in the US. Given the time it's taking for service centers to process I-130s, it looks more and more sensible in most cases to adjust in the US immediately rather than wait to see if the I-130 is approved in time.

It takes 90 days to get EADs simply because that's the processing time for I-765 forms in most INS offices - if they were reasonably efficient the delay could and likely would be much less.

You can't work until you've got your SSN. Or at least you can't actually be paid. Some employers are more cooperative than others and might be prepared to take you on and hold your pay pending the arrival of the SSN, but technically they have to see proof you are entitled to work and commonly a social security card is expected for them to complete the I-9 form. Contact your social security office to see if they will issue you a card on the basis of your valid K-3 status, your pending EAD application and your need to obtain a drivers licence. The SSA have rules that allow cards to be issued where there is genuine need and while they tried to halt issuance of SSNs for obtaining drivers licences recently, their action in doing so was thrown out by the courts.

Check with your local DMV (driver and vehicle licencing office) to see what laws pertain to obtaining a drivers licence - most states have tightened the law considerably since September 11 2001, so you may be out of luck, but it's worth checking. While there, also check the validity of your UK drivers licence because you should be able to use it beyond the 60-day period.

toshi007

Hi Lisa,
I saw some of your postings and since I'm in the same situation as you have been, I hopw you can give me some answers.
I'm from germany though living in Irland and married with my love from Washington state. I received the package no. 3 form the US embassy and now need to send back the DS-230.
They put a readyness document and the checklist into the package and apart from the police certificate from Gardai, I have everything.

My questions:
- do you remeber how long it took the gardai to send you your police certificate?
- did you already put the DS-156 ?signed? and ?with photos? with the DS-230 immediatly?
I hope you are fine and I hope I'll be in the US soon aswell!
If you have any other hints or tips considering the Dublin US embassy or what to do immediatly once I enter the states, please let me know.
thx,
Torsten

Manc

yes you can.

NC Penguin

You'll probably find answers in one of the US immigration related forums on British Expats. Try searching in one of those forums (US Marriage Related Visas or US Immigration) first. If you are unable to find an answer, I would suggest posting in the US Marriage Related Visas forum.

PS: whereabouts in NC are you? I live in Durham.



NC Penguin

Bob

This threads over 2 years old....you'll be better off asking in a new thread, and in the marriage based section....

Manc

I reckon they got their SSN then.

arse!

Bob

Would hope so