Interesting about EAD

[Texanadian 10]

Anyone tried this? Can anyone be specific as why this won't work? How many K1s are denied EAD. It is a virtual certainty that we will get it since we are work authorized UNTIL a decision is made on our AOS/GC.

JOZ

Why would K-1 still be work authorized the day before the AOS/GC decision? They're never going to approve either of those before the I-94 has expired. It's hard enough getting employers to believe a non-stamped I-94 person is authorized. But to get them to believe that somebody from day 91 to EAD received date is approved is darn near impossible as far as I can see.

Edited February 2, 2008 by Texanadian

[Liebi 0]

^^^ Only trouble I see with that is what happens if they take more than 90 days to get you your EAD?

Instructions I-765: An interim EAD will be issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application.

A person with a non-stamped I-94 is not work authorized. The K1 might be a work authorized visa - but one has to obtain the proper temp work authorization (meaning the stamp or file with USCIS). No stamp - no work authorization.

Johnnie Oz: I understand what you are trying to get at, but I really don't know if that is an illegal thing to do or not. Personally, I think LaL said it all in her first post: Upon a first 'real' EAD approval by USCIS (which does not include the first temp EAD stamp) employees can present proof of either having re-applied for a lost document or for an extension of their current one to their employer and be hired. Don't think the thought 'I received my temp work stamp and now wait for my real EAD' is enough here. But that's just me.

[Johnnie Oz 0]

Thanks for your replies!

This whole K1 to gap/limbo to EAD to GC trajectory is so full of contradictions, that I can't resist trying to "reason" my way to clarity. In other words, K1s should be able to work from day 1 onwards.

First, we prove our EA by virtue of our I-94 K1 derived status (with JFK stamp or without) till that expires after 90 days.

Secondly, we prove it by showing that we have abided by the terms of the visa and gotten married within the 90 days AND applied for AOS plus c(9) EAD.

We should be able to tell an employer all this: that we are here legally (even if the I-94 has expired), we are married to U.S. citizens, that we will almost certainly receive an EAD within 90 days (which we can then show them) and that we are almost as certain to become permanent residents at some point before the first 1 year EAD expires.

Isn't it enough that K1s have to go through this extra paperwork, getting married etc after arrival? This distinguishes us from CR1 IR 1 visas. It is not like we can just sit on our behinds and get all the privileges of those already married , who arrive as perm residents.

My take is that as long as we fulfill the requirements: arrive with valid K1, marry within 90 days AND apply for AOS and EAD, this whole gap and black hole situation makes ZERO sense.

Is it some kind of inadvertent test of our sanity OR an intentional display of bureaucratic sadism????

I know, there is no point to this post. Just despair.

The reality is that K1s COULD be EA from Day 1 IF USCIS processing was sped up. As far I can tell, there is no requirement that K1s are put in this gap situation, it ONLY happens due to bureaucratic delays.

What would UCSIS lose if K1s (who have met all requirements) were able to prove EA with the help of a EAD application receipt for a document that we will able to show the employer within the 90 day requirement? Why are we treated the same as people who are going for AOS from other visa classes, whose cases are MUCH more complicated?

Edited February 4, 2008 by Johnnie Oz

[Kez/JWolf 6]

You can not claim you are renewing your K1 90 day EAD because you are not.... you get a 90 day temp EAD based on your approved K1 visa..... you then apply for AOS and a new EAD based on your AOS NOT your K1.... diffrent class of EAD so you can not clain it is a renewal an use the 90 days to produce the 1 year EAD..... if your employer uses the new E-Verify to check your status on the 91st day since you arrived in the US, it will come back that you are not authorized for employment.... then you are in the Sh*t....

Kez

Edited February 4, 2008 by Kezzie

[Johnnie Oz 0]

You can not claim you are renewing your K1 90 day EAD because you are not.... you get a 90 day temp EAD based on your approved K1 visa..... you then apply for AOS and a new EAD based on your AOS NOT your K1.... diffrent class of EAD so you can not clain it is a renewal an use the 90 days to produce the 1 year EAD..... if your employer uses the new E-Verify to check your status on the 91st day since you arrived in the US, it will come back that you are not authorized for employment.... then you are in the Sh*t....

Kez

Thanks, Kez. I guess I knew that, but wanted it to be different. Looking for a point/a reason to this limbo status...

So from day 1 - 90, all K1s are work authorized in the e-verify database?

My guess is that having a JFK stamp is rather irrelevant here - it is the K1 unexpired I-94 status that is verified, so whether or not an immigration official stamped our I-94 makes no difference. Good news for some folks.

Then from day 91, the employer gets a different hit in the database? Something like, "not work authorized"? And this is only changed once a EAD and/or GC is approved?

This whole process from Day 91 till EAD is too silly. We are not work authorized nor are we truly legally present, e.g. for driver's license purposes. I mean, from day 91 onwards, the CA DMV will no longer recognize me as legally present...even though I am.

What is the EXACT term for our post-Day 90 status: "legally present but not really, was work authorized but am no longer"?

This is supposed to facilitate integration into the U.S? and this AFTER we have met the requirements of the visa by marrying our USC AND then filing for AOS? It beggars belief...

Our trajectory : Work and drive normally for 90 days, then enter limbo until USCIS gets its act together? Can't leave the US in the meantime to go work elsewhere due to lack of AP. #######?

Like I wrote previously, the whole bureaucracy once K1s get here, filing more documents, paying $1000, having to use passport as ID instead of DL etc...this is what I knew would be different for me as a K1 as opposed to a CR1 IR1. But this silliness...

Can anyone answer this question?

Is this limbo simply a function of increased processing times (ie things used to be VERY different for K1s), is it due to lack of coordination between various agencies (like DMV and DHS, so it could be resolved) or this whole thing intentional since the assumption is that K1s are probably not going to work initially?

thanks for reading this rant. feel free to chime in, esp if you have found the missing link in the K1-Limbo-AOS chain of logic...

Edited February 5, 2008 by Johnnie Oz

[Texanadian 10]

I'm sure when all this was originally created, the thought was that we get married 3 days after getting here, apply for EAD/GC and then that comes in 4-6 weeks, thus being employed the entire time.....in the real world however, that simply isn't true.