A Candle for Love – Pre-AOS/SSN/AOS/EAD/AP
FAQ
CONTENTS:
1)
Section 1 contains general comments about the visa options. Because there are many FAQs
and Step by step guides available, this reference is kept to a minimum, but
contains links for further reference.
2)
Section 2 is intended to provide additional links for further
reference
IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and
answers posted on the Candleforlove.com web page and other pages. You should
read this FAQ with that in mind, because things change faster than this FAQ.
If
the question or answer is familiar to you, thank you for your
contribution. In some cases, the
original has been edited for this FAQ. If
you find something that does not seem correct, please email or post about it,
that way this FAQ can be updated. Remember these questions and answers are
based on other people’s opinions or experiences only.
WHERE TO GET FURTHER
INFORMATION:
1)
This FAQ will contain common and frequent questions but may not
have some information you need. It is
recommended that you look at the following CFL FAQs:
2)
http://candleforlove.com/forums/index.php?showtopic=11293
a.
CFL Visa FAQ
b.
CFL DCF FAQ
c.
CFL P3 FAQ
d.
CFL P4 FAQ
e.
CFL Interview FAQ
f.
CFL Interview Questions FAQ
g.
CFL AOS FAQ
3)
CFL searchable database (www.cflgallery.com)
4)
Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm
)
=====================================================================
Pre-AOS / SSN / AOS /
EAD / AP: FAQ
=====================================================================
Section One: Questions
related to pre-AOS filing
-------------------------------------------------------------------------------------------------------------------
Q.
What is a FAQ?
Q. I-94
Q.
What is an overview of what I need to do after my SO arrives in the
Q.
Issues related to K3?
Q.
What happens to this process if a K1 gets married at 91+ days?
Q.
We can get married in the 90 days required, but won’t get to file the AOS by
then. Are we ‘out of status’
?
Q.
My SO wants to change her name. What do
I do ?
Q.
My SO’s passport is close to expiring, what do I do?
Q.
Where can I find a Civil Surgeon?
Q.
What should I bring to the Civil Surgeon?
Q.
Vaccinations?
Q.
Is a physical required for the AOS filing?
Q.
What should I get from the civil surgeon?
Q.
Is the vaccination supplement required with the AOS paperwork?
Q.
My parents are joint sponsors. Do they
fill out I-864 or I-864a ?
Q.
I-864 and Public charge issues?
Q.
Where can I get sample forms?
Q.
What fees can be expected?
Section two: Questions
related to SSN
-------------------------------------------------------------------------------------------------------------------
Q.
How can I get a SSN number?
Q.
What are some Visa type specific comments?
Q.
For CR1, I checked the DS-230 part II box for a SSN,
but never received it?
Q. Is a SSN required for filing AOS ?
Q.
Is the SSN required for getting married?
Q.
We have a SSN card with a stamp “Not authorized to work”, but the work status
has changed with AOS ?
Q.
Can someone explain the SSN cards that are possible to get ?
Q.
Where can I get additional Information?
Section three: Questions
related to AOS
-------------------------------------------------------------------------------------------------------------------
Q.
Issues related to I-485
Q.
Issues related to I-864
Q.
Issues related to G-325a
Q.
Issues related to K4 filing
Q.
How do I put together the package for AOS?
Q.
Can I file AOS paperwork jointly for the two children? Or must it be done
separately for each child?
Q.
Where do I mail the AOS Package ?
Q.
How do I check my AOS case ?
Q.
How should change of address be done?
Q.
Will I need to file an extension for the AOS status?
Q.
What happens if her K3 visa expires?
Q.
What is the ASC code for?
Q.
What is the difference between the fingerprints and biometrics?
Q.
I heard that some are getting AOS approval without an interview?
Q.
How long should we expect to wait for our AOS interview?
Q Is the USC required to attend the AOS
interview?
Q.
What should be brought to the AOS interview?
Q.
What will occur at the AOS interview?
Q.
Any issues that arose during the AOS interview?
Q.
My AOS interview is coming up on our 2 year anniversary, what card will we
receive?
Q.
We just found out we have two “A” numbers (alien registration numbers). How did that happen?
Q.
Can I travel out of the
Section Four: Questions
related to EAD
-------------------------------------------------------------------------------------------------------------------
Q.
What does EAD stand for and what is it used for?
Q.
When can I file for EAD?
Q.
When filing for EAD, which category do I choose?
Q.
How long is the EAD good for?
Q.
My EAD has taken over 90 days, what can I do?
Q.
I understand a K1 can get a SSN, correct?
Does this allow them to work as well ?
Q.
My wife is a K3. What is required for
her to work once she is here?
Q.
I have not filed I-130 yet for my K4 stepdaughter. Can I go ahead and file for EAD for her?
Q.
My wife’s EAD will expire soon. Does my
wife have to stop working?
Q.
Where can I get additional Information?
Section five: Questions
related to AP
-------------------------------------------------------------------------------------------------------------------
Q.
What does AP stand for and what is it used for?
Q.
The advance parole section is really confusing.
I can't even tell if she even qualifies?
Q.
When can I file for AP?
Q.
What is filed for AP?
Q.
What is an example ‘explanation’ for the AP application?
Q.
Can I check my status online?
Q.
How long is the Advanced Parole good for?
Q.
What happens at the departure and arrival when on AP ?
Q.
What will the approved Advanced Parole look like?
Q.
What is a re-entry permit?
Q.
What is the difference between an Advanced Parole and a Re-entry permit?
Q.
Can I travel to
Q.
When will she be able to travel back to
=====================================================================
=====================================================================
The Answers.
=====================================================================
Section One: Questions
related to pre-AOS filing
Q.
What is a FAQ?
Q. I-94
Q.
What is an overview of what I need to do after my SO arrives in the
Q.
Issues related to K3?
Q.
What happens to this process if a K1 gets married at 91+ days?
Q.
We can get married in the 90 days required, but won’t get to file the AOS by
then. Are we ‘out of status’
?
Q.
My SO wants to change her name. What do
I do ?
Q.
Where can I find a Civil Surgeon?
Q.
What should I bring to the Civil Surgeon?
Q.
Vaccinations?
Q.
Is a physical required for the AOS filing?
Q.
What should I get from the civil surgeon?
Q.
Is the vaccination supplement required with the AOS paperwork?
Q.
My parents are joint sponsors. Do they
fill out I-864 or I-864a ?
Q.
I-864 and Public charge issues?
Q.
Where can I get sample forms?
Q.
What fees can be expected?
------------------------------------------------------------------------------------------------------------
(19 Oct 2005)
Q.1.1 What is a FAQ?
A.1.1.1
FAQ is an acronym for Frequently Asked Questions.
A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help
people who are new to the subject get a basic level of understanding by
answering the questions that are frequently asked. It is considered common
courtesy in the on line world to read the FAQ before posting your question as
it may already have the answer you need, or it might help you to formulate your
questions so that someone else can more easily help you when you ask them.
A.1.1.3
There are a lot of acronyms and abbreviations used on
the CFL forum. Please read the CFL FAQ for the definitions of the commonly used
ones.
------------------------------------------------------------------------------------------------------------
(16 May 2006)
Q. I-94
A.
The I-94 is for non-immigrant visa holders, such
as K-1 and K-3; CR-1 visa has the same affect as entering the
A.
There is no unlawful presence created when the advance parole I-94
expires, provided the I-485 is still pending. That is, the individual is
allowed to remain in the
A.
More
info:
Length of Stay is Determined by Your
I-94 Arrival-Departure Record -- NOT Your Visa
http://www.foreignborn.com/visas_imm/entering_us/9lengthofstay.htm
Advance Parole : I-94 Expiration Generally Not a Problem
http://www.murthy.com/news/ukadvpar.html
Filling Out Form I-94
http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml
------------------------------------------------------------------------------------------------------------
(19 Oct 2005)
Q. What is an overview
of what I need to do after my SO arrives in the
K1:
A.
Based
on what a few others have experienced, I'd recommend getting her SSN, State ID
and adding her to your bank account in her unmarried name as soon as possible.
In
Otherwise, after you are married, go ahead and file AOS, if she will take your
last name, do the name change on the I-485. Then wait 3-4 weeks and have her
name changed on the SSN. But don't do anything with the state ID or Bank
account. This will let her use her passport as ID for checking and other
things.
A.
When
you get married, make sure to get a few certified copies of your
marriage certificate. You’ll need one
for filing AOS and you might as well have another on hand in case of any issue.
A.
The
three AOS forms (I-485, G-325, and I-864) are all that are needed for AOS. The EAD and AP are optional.
You
do NOT need to send an I-130. (See the
complete list of items needed for each).
As a K-1, she will have to apply for a SSN between 10 ~ 70 days after her
arrival. After 70 days or so, she will
need an EAD to get an SSN.
A.
Get
married, file the EAD application with AOS and you
should get your EAD in a couple of months. If it is longer than 90 days from
the receipt date, you can show up at the local BCIS office and demand a stamp.
You need an EAD stamp or card PLUS and SSN to legally be hired and work.
Sometimes you can get the SSN without the EAD on a K-1. Offices seem to apply
their own interpretation of the law.
File the EAD application with your I-485 and expect to wait a couple of months
to get it. In the meantime, get your SSN.
A.
If
you wait too long to apply for the SSN, 75 days or so, they will refuse to
issue without and EAD card. This can set a K-1 holder back a couple of months
in getting an SSN. A bigger Catch-22 is that SSA seems to require an EAD for
children holding K-2 visas as they are NOT eligible for employment as a
condition of status.
A.
You
can apply for SSN before you are married. But this is a temporary SSN that
doesn’t grant work privileges. When you are married and apply for AOS, you can
also apply for EAD at the same time. This will give you authorization to work.
You must apply for and receive Advanced Parole (AP) in order to go to
A.
A
K-1 is eligible to work incident to status. That’s why they can get a SSN card
issued. The catch is.....an EAD is required to ‘prove’ eligibility to work and
unless they get an EAD stamp at the POE, you have to apply for one. It
generally takes more than 90 days to apply and receive the 90 EAD so most folks
don’t bother. They just file for a one year EAD with their AOS packet.
A.
Technically,
her status as a K-1 visa holder is governed by her duration of stay as shown on
the I-94. As long as she still has time left on her I-94, she's okay. Once the
I-94 duration lapses and before she files for AOS, she technically begins to
accrue "unauthorized presence." This is not a big deal provided it
doesn't run for more than 180 days. Once she files for AOS, her status changes
back to authorized. Under http://www.americanlaw.com/unlawfulmemo1.html
"aliens with properly filed applications for adjustment of status under
both sections 245(a) and 245(i) of the Act will be
considered aliens present in the United States under a period of stay
authorized by the Attorney General."
K3:
1)
File for AOS and EAD after she comes to the
2)
Once you get the EAD, file for SSN
3) Wait for AOS approval
4) When eligible, apply to “remove conditional status”
CR1:
1.
When arriving on CR-1 there is no need to fill out the I-94 card
on the plane, or at immigrations, it will be discarded by the POE officer, I-94 is for NON-Immigrants. You will still need to
do the customs declaration form.
2.
He will still go through the Visitors/Immigrations line at the
POE, on later trips He can go through the same line as permanent residents and
citizens
3.
The officer at the POE will stamp the passport with an I-551
stamp making the passport act as a temporary 1 year green-card. (Allowing work,
and re-entry after a trip out of country)
4.
Wait a few weeks and then visit SSA to apply for SSN, it takes
some time for USCIS to update the system used to verify immigrations status.
(You will need Foreign Birth cert, marriage cert, green card or the passport
with I-551 stamp, and passport as photo
5.
When moving you will file I-865 to update your address as a
sponsor, as well as file AR-11 after your husband enters the country to keep
USCIS informed of new address. You need to do this every time you move, AR-11 within a week and I-865 within a month. Until
your husband naturalize
------------------------------------------------------------------------------------------------------------
(17 Dec 2005)
Q. Issues related to
K3?
TRAVELING
ABROAD:
A.
Lets pretend that you will fly from
First, you cannot do automated check in, but must check in with the ticket
agent. So allow yourself enough time for those lines.
The ticket agent will swipe your passport through a bar code reader, then remove the I-94 paper from your passport. You
will then procede as normal with your gate passes,
boarding, ect.
When you leave
When you go through immigration, they will put a new I-94 back in your
passport.
Before leaving, we always make 2 photocopies of her passport. We leave
one photo copy with a family member in the states, and carry a copy with
us. If anything should happen on re-entry, we have evidence of our first
and original I-94. I personally would not leave home without a backup.
------------------------------------------------------------------------------------------------------------
(15 Jan 2006)
Q. What happens to this
process if a K1 gets married at 91+ days?
A.
Looks
like a couple of options:
1) If she wants to stay here, the only slim hope
is to get married and find a good immigration attorney. That may or may not
work out.
2) If you marry here and she ends up going back to
3) If you don't marry, you can always file another fiancee
petition. Either of the last two involves another year long process.
4) If she returns to
A.
More
info:
Over 90 Days
http://candleforlove.com/forums/index.php?showtopic=11665
------------------------------------------------------------------------------------------------------------
(27 Nov 2005)
Q. We can get married in the 90 days required,
but won’t get to file the AOS by then.
Are we ‘out of status’ ?
A.
First,
the instructions say that a K-1 fiance(e) is eligible to file if he/she married the
If possible, avoid the issue by filing for AOS within the 90 days. If you
can't, I don't see a significant problem, but I wouldn't dally too long before
I filed.
A.
More
info:
K1 holder- do i
have enough time?, date to get married is close to
90days
http://candleforlove.com/forums/index.php?showtopic=14533
Suggestions on Filing AOS, should we wait?
http://candleforlove.com/forums/index.php?showtopic=14425
Straight From The
Horses Mouth, Info On How To Apply for AOS
http://candleforlove.com/forums/index.php?showtopic=11662
------------------------------------------------------------------------------------------------------------
(8 Nov 2005)
Q. My SO wants to
change her name. What do I do ?
A.
I
asked this question to my lawyer a few months ago. Basically we can change her
last name when we are married, and use her maiden name as her middle name. For
the first name, we have to wait until the AOS is done.
A.
At
our AOS interview we were asked if we wanted the maiden name changed to married
name. therefore, you can file with maiden name and
change it on paperwork at interview
A.
You
have 3 choices.
1. your last name
2. her maiden name
3. a hyphenated last name (ie
Smith-Jones)
Fill
out the paper work the way you want her legal name to read. You can try to move
her last name to her middle name but the IO may or may not reject it
A.
1.
When you go to the Social security office take a certified copy of your
marriage certificate along with her passport and visa. 2. Just fill out the
application for ssn the way you want her name to read.
3.
Next stop DMV. Armed with her social security card, passport and the envelope
that the ssn came in go to the DMV and get a state ID
card.
4.
Next stop the bank. take in the state ID card and
social security card and put her on your bank account.
5.
Do the same with all of her AOS forms if she is K-1 or K-3.
A.
when
i fill out our I 130 I used our married name GZ
change it back to her maiden name however when her green card arrived it was in
our married name. her
ssi card had to be change to our married name.
A.
My
wife's green card, SSN and other ID issued in the
A.
Last
night, we pulled out I-485 and I-129F and compared the two,
we found that for I-295F, I put my husband's first name and middle name
separately under first name and middle name of course.
Whereas
in I-485, we "combined" his first name and middle name and put them
under first name section and leave middle name blank (why we did this.... I do
not know, I kind of wish we did not do this, my husband was the one said we
should have everything be consistent with the Chinese passport... but we forgot
to consider we should have everything be consistent with previous application
I-129F) That resulted the two A#'s, one A# is for the
separated first and middle name, and the other one is for the combined first
name...
A.
Yuhui re-entered the
HOWEVER, I suggest your sweetie has another picture ID at the foreign port for
the outbound flight back to the U.S, as in our experience the poor UA folks in
Paris ( at least one) was kinda
Names
did not match ( eff curse ),
sooo he went to supervisor... then ask for her DL...
and off we went. At the very least bring your marriage license to explain the
name thing.
A.
More
info:
Filing for AOS, but confused about wife’s
last name
http://candleforlove.com/forums/index.php?showtopic=12408&hl=
Change name after arrival in US?, Newbie is curious
http://candleforlove.com/forums/index.php?showtopic=2100
legal name change (CR1 questioning)
http://candleforlove.com/forums/index.php?showtopic=6068
Name Change, She wants a new name
http://candleforlove.com/forums/index.php?showtopic=8670
------------------------------------------------------------------------------------------------------------
(8 July 2006)
Q.
My SO’s passport is close to expiring, what do I do?
A.
We
learned that there are two methods. One is the process to go through to get a
NEW passport, the other process is to obtain a RENEWAL
The renewal is good for five years. We chose this process because we did not
have to go to the Consulate but could do everything by mail.
We downloaded the application from the consulate web site. One page, two sided.
We completed the form (the form is in Chinese and English).
We obtained the standard passport pictures and attached them to the form.
We attached a copy of our marriage certificate.
We attached a copy of her green card.
We sent in a money order (or cashier check) for a total of 25 dollars which did
two things.
1. They stamped her passport on a new page with the new expiration date in five
years.
2. They stamped a separate page which stated that she also uses her married
name and listed both her Chinese maiden name and her new married name.
We sent it using priority mail and included a prepaid priority mail return
envelope. The process took exactly one week.
This worked very well for travel to chinese
using her Chinese name and travel to other countries using her marriage name
that matches her driver's license and ssn card.
A.
More Info:
Expired Passport
http://candleforlove.com/forums/index.php?showtopic=7646
------------------------------------------------------------------------------------------------------------
(8 Nov 2005)
Q. Where can I find a
Civil Surgeon?
A.
Civil Surgeon
Locator:
https://egov.immigration.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
------------------------------------------------------------------------------------------------------------
(8 Nov 2005)
Q. What should I bring
to the Civil Surgeon?
A.
1.
Passport with I-94 attached
2.
Vaccination book or any proof of past vaccinations via blood test results
------------------------------------------------------------------------------------------------------------
(8 Nov 2005)
Q. Vaccinations?
A.
K1
does not require vaccinations prior to arrival in the
K-3
visa are considered non immigrant visas and don't require vaccinations. This
differs from immigrant visas like the CR-1/IR-1 visas which do require the
vaccinations.
A.
The
vaccinations in
A.
If
you look at the Technical instructions, there is a table showing what is
required by age. For most SOs:
1) Tetanus - either via your doctor or CS, or from
2) MMR - either via your doctor or CS, or from
3) Varciella (chicken pox) - If she has had this, but
you have no proof, the CS might accept the scar on her arm, or request a blood
test to prove it.
The trick is going to be finding/convincing a CS you only need the vaccination
supplement and not a physical. You might have to call a few before you find
one.
Some
[K#s] get the vaccination shots in china since they
are cheaper to do. Just make sure you
get the international yellow book of vaccinations and that some english identification is made as
to the vaccination.
Seems
the follow methods have been used and results vary by location:
1)
Get shots prior to Civil Surgeon visit (whether in
2)
Go to Civil Surgeon knowing that they might state the need for something, but
you believe you can convince the CS your SO has had it. Only delay will be if he requires second
course of MMR or a blood test to prove your SO has the varciella
vaccination. Worst case is that Civil
Surgeon requires some shot and you must decide to get it then or from your
family doctor; You can have the outcome of any shots
or tests sent, so that you don’t unnecessarily delay your second trip for
pickup.
Some
have reported the CS to accept the scar on the SOs
shoulder (or just her word); and some report that the second MMR was not asked
for by the CS; Others
have required blood tests and a second MMR course.
A.
See
CFL FAQ P4 document for further information on vaccinations and getting them in
A.
More
info:
Technical Instructions
to Civil Surgeons