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Title: Applying for conditional permanent reidency Post by: Rota20 on July 07, 2004, 04:00:00 AM I'm planning on applying for a K-1 Fiance Visa and wanted to know from the people who've done the same process already could tell me how to apply for and what is the timeline for Conditional Permanent Residency Status for my spouse after we get married in the US on the K-1? What does Conditional Status give my spouse as far as privileges and restrictions? I know that she wouldn't be able to travel in and out of the US on that status but pretty sure she is allowed to work.
Title: conditional permanent reidency & work permits Post by: Bob S on July 07, 2004, 04:00:00 AM ... in response to Applying for conditional permanent reide..., posted by Rota20 on Jul 7, 2004
Between marriage and filing the CPR, she is in a kind of legal limbo. She has the right to stay here, but cannot leave the country and cannot work (still needs the green card and SSN for that). As soon as you are back from your honeymoon, you should start putting together documents to file for her CPR. At the same time, you can also file an I-765 to get her an Employment Authorization Document (work permit) that will allow her to work if she wants until she gets her conditional green card which could take around 8 months to process (YMMV). The benefit of CPR is that a work permit must be renewed more frequently than a green card since by its very nature the work permit implies the person is here temporarily. See http://uscis.gov/graphics/howdoi/ead.htm Also, depending on your local laws, she may need a SSN to get a driver's license, open a bank account, and do just about anything outside the home. But the SSN office may be reluctant to give SSNs to just anyone without just cause such as such as a work permit (implying she will be a tax payer rather than a dependent). She cannot get a SSN on a K-1 visa since it is not an immigrant visa officially. Such was my experience with my ex-RW many years ago, but again YMMV. See http://www.ssa.gov/ssnvisa/ Title: K-1 and SSN Post by: Ray on July 07, 2004, 04:00:00 AM ... in response to conditional permanent reidency & wor..., posted by Bob S on Jul 7, 2004
“She cannot get a SSN on a K-1 visa…” Hi Bob, Actually, a K-1 is eligible to apply for an SSN immediately after arrival in the U.S. K-1’s are authorized to work with the SSN and a valid I-94 for the duration of their visa (90 days). After the 90-day period, they will have to apply for an EAD card along with their AOS petition as you mentioned above. Interestingly, a K-1 visa holder has automatic work authorization for the first 90 days but K-2, K-3, & K-4 all need an EAD card to work or to get an SSN. http://policy.ssa.gov/poms.nsf/lnx/0100203500 It’s a good idea to get the EAD even if she isn’t planning to work because it gives her an official document showing her legal status. Ray Title: Doh! My mistake. Post by: Bob S on July 08, 2004, 04:00:00 AM ... in response to K-1 and SSN, posted by Ray on Jul 7, 2004
That's right. It's a strange loophole. She can work on the K-1 with USCIS approval but needs the EAD for the between marriage and AOS approval period. But even on the K-1, she still needs to get an temporary EAD which I was told by an INS agent can be done on a walk-in basis. A longer-lasting EAD can take a few months to process and can only be done after marriage. http://uscis.gov/graphics/howdoi/fiance.htm |