EAD or Work authorization granted at port of entry?

[SPSguy 18]

I've heard that it's possible to receive work authorization ( simply by asking at the port of entry ) when entering on a K3 VISA. Is there any truth to this? How and where to get one?

If so, what is the limitation of the EAD?

Thanks for any help.

[Reba 2]

K3 are not eligible for temporary work permits at the POE, only K1 is.

Once you arrive in the US with your K3, you will have to apply for an EAD.

[hheaven67 2]

I called EI regarding this, spoke to a supervisor, he insisted that discrimination between fiance & spouse is not happening...I told him it is! He left me a message to speak to someone at Interstate Claim Processing. I have not done this yet as I'm going to be BEGGING for a stamp at the POE! Both are NON-immigrant visas...that is the key...he said that it shouldn't matter if you're married or not...

[Army_Wife 2]

Apparently they give the K1's temporary 3 month work stamps in their passports at JFK .... have a hunt on the K1 forum for this .... if it's true, it may be worth flying into JFK and requesting to be treated the same.

[hheaven67 2]

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this?

[Army_Wife 2]

Because they are probably totally unaware .... I would suggest anyone flying in with a K3 visa to go armed with a copy of this.

[SPSguy 18]

Because they are probably totally unaware .... I would suggest anyone flying in with a K3 visa to go armed with a copy of this.

I've always liked JFK.

[Eric-Pris 1,606]

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this?

My wife (then fiancee) came in on a K-1 visa 10 days ago thru JFK. She was given the stamp on the back of the I-94 without asking.

I don't know why JFK does this, but from the paragraph above it sounds like nobody should be getting the stamp at POE. If you read more closely, it just says "K1, 2, 3, 4 nonimmigrants are authorized to work" but then the next sentence says "must still obtain an employment authorization before commencing their employment"

So, it's saying you are authorized to work on this type of visa (as opposed to you can't ever work on this type of visa) but you must FIRST obtain employment authorization (EAD).

But as long as JFK is giving them out, go for it.

[Nessa_ce 0]

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this?

My wife (then fiancee) came in on a K-1 visa 10 days ago thru JFK. She was given the stamp on the back of the I-94 without asking.

I don't know why JFK does this, but from the paragraph above it sounds like nobody should be getting the stamp at POE. If you read more closely, it just says "K1, 2, 3, 4 nonimmigrants are authorized to work" but then the next sentence says "must still obtain an employment authorization before commencing their employment"

So, it's saying you are authorized to work on this type of visa (as opposed to you can't ever work on this type of visa) but you must FIRST obtain employment authorization (EAD).

But as long as JFK is giving them out, go for it.

Yep...

soo i still have to apply for EAD??? and it will take 3 months....

i dont understand!!! do you know if any K3 has ever gotten it?

[hheaven67 2]

a few canadians on K3 have gotten the temp work auth stamp but sounds like thru JFK only or thru land POE's... I would like to know who to call in the US as it's THEIR decision as we are entering their POE's... directive from the US gov't but where to start? YES, you still have to apply for EAD... it is a TEMP stamp on the I-94 only...

Edited May 30, 2008 by hheaven67

[hheaven67 2]

a few canadians on K3 have gotten the temp work auth stamp but sounds like thru JFK only or thru land POE's... I would like to know who to call in the US as it's THEIR decision as we are entering their POE's... directive from the US gov't but where to start? YES, you still have to apply for EAD... it is a TEMP stamp on the I-94 only...

btw, Galatia (sp?) from the Canadian Forum gave the link to regulations.gov, proof of the directive that only K1's are to get the temp work auth stamp.

[pushbrk 12,822]

I called EI regarding this, spoke to a supervisor, he insisted that discrimination between fiance & spouse is not happening...I told him it is! He left me a message to speak to someone at Interstate Claim Processing. I have not done this yet as I'm going to be BEGGING for a stamp at the POE! Both are NON-immigrant visas...that is the key...he said that it shouldn't matter if you're married or not...

CR1 gets a green card without applying to adjust status but K3 doesn't. Is that discrimination? Of course not.

K1 can get a temporary 90 day EAD stamp at JFK (Now why only there is a matter I don't understand.) but the main purpose is because some states require a SSN to get a marriage license. You can't get the SSN without work authorization so K1's can get it and K3 can't. Is the SSA discriminating or following the law that's on the books for a valid reason.

If a spouse needs to work immediately upon US entry, then they should obtain an immigrant visa, not a K3 non-immigrant visa. Fastest isn't always best and isn't always fastest either.

[hheaven67 2]

I called EI regarding this, spoke to a supervisor, he insisted that discrimination between fiance & spouse is not happening...I told him it is! He left me a message to speak to someone at Interstate Claim Processing. I have not done this yet as I'm going to be BEGGING for a stamp at the POE! Both are NON-immigrant visas...that is the key...he said that it shouldn't matter if you're married or not...

CR1 gets a green card without applying to adjust status but K3 doesn't. Is that discrimination? Of course not.

K1 can get a temporary 90 day EAD stamp at JFK (Now why only there is a matter I don't understand.) but the main purpose is because some states require a SSN to get a marriage license. You can't get the SSN without work authorization so K1's can get it and K3 can't. Is the SSA discriminating or following the law that's on the books for a valid reason.

If a spouse needs to work immediately upon US entry, then they should obtain an immigrant visa, not a K3 non-immigrant visa. Fastest isn't always best and isn't always fastest either.

"Fastest isn't always best and isn't always fastest either." You got that right pushbrk...as I said in another thread about hindsight...also found this link: http://www.cbp.gov/xp/cgov/travel/id_visa/...ing_out_i94.xml

At least that information is dated Feb 2008, doesn't pertain to ANY sort of K visa, just non-immigrant VISITORS with visas.

Canadian K1 visa holders are getting the stamp, asking for it or not...it is automatic. That is what I'm saying about discrimination. Thank you for clearing that up tho about the SSN & marriage in some states...that makes sense but I don't think it's a valid reason.

Edited May 30, 2008 by hheaven67

[pushbrk 12,822]

I called EI regarding this, spoke to a supervisor, he insisted that discrimination between fiance & spouse is not happening...I told him it is! He left me a message to speak to someone at Interstate Claim Processing. I have not done this yet as I'm going to be BEGGING for a stamp at the POE! Both are NON-immigrant visas...that is the key...he said that it shouldn't matter if you're married or not...

CR1 gets a green card without applying to adjust status but K3 doesn't. Is that discrimination? Of course not.

K1 can get a temporary 90 day EAD stamp at JFK (Now why only there is a matter I don't understand.) but the main purpose is because some states require a SSN to get a marriage license. You can't get the SSN without work authorization so K1's can get it and K3 can't. Is the SSA discriminating or following the law that's on the books for a valid reason.

If a spouse needs to work immediately upon US entry, then they should obtain an immigrant visa, not a K3 non-immigrant visa. Fastest isn't always best and isn't always fastest either.

"Fastest isn't always best and isn't always fastest either." You got that right pushbrk...as I said in another thread about hindsight...also found this link: http://www.cbp.gov/xp/cgov/travel/id_visa/...ing_out_i94.xml

At least that information is dated Feb 2008, doesn't pertain to ANY sort of K visa, just non-immigrant VISITORS with visas.

Canadian K1 visa holders are getting the stamp, asking for it or not...it is automatic. That is what I'm saying about discrimination. Thank you for clearing that up tho about the SSN & marriage in some states...that makes sense but I don't think it's a valid reason.

You don't think it's a valid reason for what? It's certainly a valid reason for K1's having immediate enough work authorization to get a SSN, and a problem a K3 visa holder doesn't have because they're already married.

[hheaven67 2]

IF USCIS pushed a CR1/IR1 thru as fast as a fiance, there wouldn't be any reason for K3 to even exist, then there wouldn't be a problem. People are UNDER THE IMPRESSION that a K3 will be faster...they are choosing this route to be reunited with their family as fast as possible...the fact remains that it is no longer a faster process. Everyone is better off to either file I-130 only OR not get married until after the K1 process is complete.