k-3 filing ead before aos?

[YuAndDan 153]

Kez,

Thank you for the clarification! Can you point me to the official description of this difference? Of course, the best is a current post at uscis.gov.

R & T

Look at table in part C

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

K-1 is not a work visa it is a fiancee visa, K-1 is work auth primarily to enable them to get SSN, some states are strict in their interpretation of a federal law requiring persons applying for a license to have SSN, this would cause a problem in those states when a K-1 attempts to apply for a marriage license without SSN.

[Johnnie Oz 0]

Sorry about this bout of sour grapes but, it is TOTALLY ABSURD that a K-1 should get it and a K-3 should not!!

A K-3 is more than likely going to AOS, and in any case is ALREADY married to a USC.

A K-1, without any offence, is just a person who might marry a US citizen...

I think this is a clear case of double standards and I do not see the rationale behind it..

You might try looking at it this way:

- K1s can get EA stamps @ JFK. BUT unless they file for AOS quickly after marriage, they will be w/o EA during the gap between expired I-94 and receipt of EAD or GC. Not a cool situation that can last a while.

- Employers can be hard to convince re: the EA on I-94. For one, it's not clearly listed on the I-9 employment form. Secondly, even though they can't discriminate based on us having a soon to expire EA, they are prone to do just that But they will claim there was some other reason we weren't hired.

- Irrespective of this: K1s first get a 2 year GC (and then apply to lift conditions). K3s, if they wait till the marriage reaches the 2 year mark, can get the 10 year card, saving money and hassles.

- K3s seem to get their EAD quickly, bypassing Chicago and MSC etc. This 2 year document, along with the multiple entry visa practically works like a GC: you can travel and work without restrictions.

BUT K3s who want to become citizens asap should obviously not wait to file for AOS. K3s and K1s are eligible to naturalize after three years of marriage to a USC, regardless of whether we had a 2 year GC for part of that time.

So, K3s have it pretty good.

I initially thought the K1 thing was sweet and I have worked during the first 90 days (currently both my California driver's license and the I-94 EA have expired and there's nothing I can do till the EAD and/or GC arrive).

K1s have to jump through some major hoops and as mere fiance(e)s initially, that's ok.

Finally, I can't remember the exact process now, but aren't most K3s being processed for the CR1-IR1 visa (GC) while they also live in the US? If you travel back to your country of origin, you can have your interview there and bypass the AOS process stateside. Yes, many will be stuck here and cannot travel back. But a 2 year work permit should keep you going till the GC comes through.

How'd ya like them grapes?

JOZ

[RobandTania 1]

Sorry about this bout of sour grapes but, it is TOTALLY ABSURD that a K-1 should get it and a K-3 should not!!

A K-3 is more than likely going to AOS, and in any case is ALREADY married to a USC.

A K-1, without any offence, is just a person who might marry a US citizen...

I think this is a clear case of double standards and I do not see the rationale behind it..

You might try looking at it this way:

- K1s can get EA stamps @ JFK. BUT unless they file for AOS quickly after marriage, they will be w/o EA during the gap between expired I-94 and receipt of EAD or GC. Not a cool situation that can last a while.

- Employers can be hard to convince re: the EA on I-94. For one, it's not clearly listed on the I-9 employment form. Secondly, even though they can't discriminate based on us having a soon to expire EA, they are prone to do just that But they will claim there was some other reason we weren't hired.

- Irrespective of this: K1s first get a 2 year GC (and then apply to lift conditions). K3s, if they wait till the marriage reaches the 2 year mark, can get the 10 year card, saving money and hassles.

- K3s seem to get their EAD quickly, bypassing Chicago and MSC etc. This 2 year document, along with the multiple entry visa practically works like a GC: you can travel and work without restrictions.

BUT K3s who want to become citizens asap should obviously not wait to file for AOS. K3s and K1s are eligible to naturalize after three years of marriage to a USC, regardless of whether we had a 2 year GC for part of that time.

So, K3s have it pretty good.

I initially thought the K1 thing was sweet and I have worked during the first 90 days (currently both my California driver's license and the I-94 EA have expired and there's nothing I can do till the EAD and/or GC arrive).

K1s have to jump through some major hoops and as mere fiance(e)s initially, that's ok.

Finally, I can't remember the exact process now, but aren't most K3s being processed for the CR1-IR1 visa (GC) while they also live in the US? If you travel back to your country of origin, you can have your interview there and bypass the AOS process stateside. Yes, many will be stuck here and cannot travel back. But a 2 year work permit should keep you going till the GC comes through.

How'd ya like them grapes?

JOZ

I didn't read all your post, I'm in a hurry...

But the part about some employers not recognizing the EAD stamp in the I-94 from JFK is correct.

Tania was offered three jobs, one employer said she could not work. The I-94 EAD stamp was worthless, according to them.

Two other employers had no trouble.

R and T