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ENTERING THE UNITED STATES

 

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5.1)... The airline staff ask if I need a visa waiver or if I'm traveling on a visa. Which form should I ask for?
5.2)...What happens when we get off the plane?
5.3)...How about employment? When can my fiance(e) begin working?
5.4)...What do we do if my fiance(e) does not receive a temporary work authorization?
5.5)..How do we apply for a Social Security Number?
5.6)...How can my fiance(e) or K2 child open a bank account or file income tax returns without a Social Security number?
5.7)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?

 

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Section 5.0...ENTERING THE UNITED STATES

 

5.1)... The airline staff ask if I need a visa waiver or if I'm traveling on a visa. Which form should I ask for?

A.. You are entering on a visa. You will need to fill out the "white" form. This will have the I-94 attached. This should be filled out at the departing airport or on the plane. Don't wait until you arrive in the US to fill it out or it may delay you.

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5.2)...What happens when we get off the plane?

A..You will queue up with all the others going thru Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped, you will have the I-94 form put in it, you might a 90 day work authorization or EAD Employment Authorization Document. The officer may ask a few questions, and may say "Welcome to the United States". It doesn't take long. You leave the Immigration area, and then proceed thru Customs.

Your actual processing may not take long, if you must make a connecting flight then you better allow penty of time, maybe as long as 3 or 4 hours at a major airport where the lines may be long, and the distance between terminals even longer.

 

5.3)...How about employment? When can my fiance(e) begin working?

A...In principle, right away. It is currently unclear if a K1 can legally obtain employment without an EAD during the validity of the K1. An inquiry to a local office produced the answer that an EAD is still required. This particular office advises to visit them immediately after entry to the US to obtain a free 90 day EAD. Several local offices will do this. Just walk in there or call them on the phone and tell them you are a K1, and did not get work authorization at the POE. In order to be employed, it is also required to have a Social Security Number. A K2 still requires a specific work authorization from the BCIS (INS) to obtain a Social Security number. Any "90 day" employment authorization lasts only as long as the valid K1/K2 status (90 days from entry as noted on the I-94).

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5.4)...What do we do if my fiance(e) does not receive a temporary work authorization?
A..If your intent is to put your fiance(e) to work as soon as possible, then get married immediately. Apply for "Adjustment of Status" (I-485) with an application for work authorization (I-765). You will apply using category (c)(9), "adjustment applicant". If you are lucky, you can go in person to a local BCIS (INS) office with these applications and perhaps get an EAD immediately (the EAD will be good for one year). If you are required to submit the applications by mail, the EAD application will be processed in 30-90 days. The fiance(e) will be notified to appear in person to be photographed, and the EAD will be issued there.

The "official I-765 procedure" for obtaining a 90 day EAD based on K1 status (category (a)(6) on the I-765), involves sending the application to your BCIS (INS) Service Center. This 90-day EAD expires when your 90-day K1 expires. The processing times at the Service Centers make this option worthless, and no one has reported getting an EAD in this manner.

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5.5)..How do we apply for a Social Security Number?

A..Upon entry, a K1 is eligible to obtain a SSN upon presentation of a valid I-94. A memo (File no. EM-00154 dated November 1, 2000) issued by the Social Security Administration, states the unexpired I-94 is valid proof of employment for the purpose of obtaining a Social Security Number. Go in person to any local Social Security Administration office with your pasport and I-94. Fill out the form SS-5. There is no fee, and the cards are mailed within 2 weeks. It will be marked "valid for work only with BCIS (INS) authorization". A K2 can only get a SSN if they have an EAD.

 

If your local Social Security office won't cooperate with you, then try another office, and you may experience success.

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5.6)...How can my fiance(e) or K2 child open a bank account or file income tax returns without a Social Security number?

A..You can apply for an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service using IRS form W-7. "Any individual who is not eligible to obtain an SSN and whose taxpayer identification number is required to be furnished to the IRS must apply for an ITIN on form W-7". You can apply in person or by mail. You may use either the original or certified copy of passport, drivers license, birth certificate, identity card, or US Immigration documents when applying. Like the SSN, the ITIN is a 9-digit number.

 

Many K2 children will be too young to obtain a work authorization document (EAD) which is required for them to obtain a Social Security Number. You can get them an ITIN which they can use instead, for school purposes, opening up a bank account, or for being listed on an income tax return.

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5.7)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?

A...Maybe not a wise thing to do. Even if these islands are US territories or possessions, you may have to deal with Immigration and Customs to get back to the United States. You might have trouble getting back home if you encounter a difficult BCIS (INS) inspector, plus, there are too many opportunities to "technically" leave US jurisdiction (by visiting the adjacent islands, for example). Best to take the honeymoon somewhere in the 50 States, where there is plenty to see and do.

 

Let me make it as clear as it was explained to me and which the regulation bears out: So long as the K-1'er does not depart ("depart" is also defined in the reg.) the US after making a legal entry s/he can travel to any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.

The inspector I spoke to gave clear examples. (My alien fiancée) can enter the US and we can fly directly from the mainland to the USVI. We can go wherever we want on the islands so long as we don't "touch" ground or water not under US jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which shows she legally entered the US) and off we fly directly to the mainland. However, if while we are there (USVI) we decided to take a trip to the British islands then she would be denied re-entry. I know I used "directly" in this example but we could fly "outbound" mainland-PR-USVI and "inbound" USVI-PR-mainland without fear because in this case she never "departs" the US.

Inspectors (both mainland and USVI) told me that this is not an unusual occurrence. They see K-1'ers all the time. But still, not a good idea.

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Updated February 22, 2006

Quick Links to each chapter:

 

• Introduction / References and Links
  
• The K1/K2 Process General Outline
  
• The I-129F Petition completed by the US Citizen
  
• The K1 Application Process completed by the Fiance(e)
  
• Entering the United States
  
• After Marriage - Adjustment of Status
  
• Lifting of Conditional Status
  
• Naturalization
  
• The K3/K4 Process General Outline
  
• The I-130 Petition (for K3/K4)
  
• The I-129F Petition (for K3/K4)
  
• The K3/K4 Application (at the Consulate)
  
• Entering the United States with the K3/K4 Visa
  
• Adjustment of Status from K3/K4
  
• Related Issues

Appendix...(Definitions of terms, form numbers, abbreviations)

Additional assistance is available at www.visaking.com or www.olvis.com.

 

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