July '08 filers

[Rob&Dawn 1]

Big congratz Nick!!! I sure hope i will be in your boat real soon.

I have a question about my i-134. I got my 2008 w2 yesterday and it shows i make sufficient funds to support my fiance. Do I just make a copy of it and send it with the i-134 or do i have to get it filled with a accountant and then send it to her? It states on it that i have made over the poverty line to support her. People also said send my 2007 tax return but that only shows i made 10,000 because i just started my job in august of 2007. What should i do?

I say send your fiance a copy of your 2008 w2 with the i-134 along with your previous tax returns. I'm not sure why you'd need an accountant's help.

Fingers crossed for you guys, I'm with Koakland on this one, you can never have too much. They never asked to see any of my evidence and when the Co looked at the tax returns she just looked at the bottom figure (I assume thats total income?) and ticked the box on her list!

I'm hoping Rob has his 2008 W2 any day now so he can try and get it to me b4 my interview, we have the previous years but his wages were #######! i know we have an employer letter to show what he's making now but a full years tax return on a decent wage would save me panicking.

I do have a co-sponsor but wanted to use that as a last resort!

[Terri and Seb 0]

So I just got this email from Sebastian. I haven't had time to do any research, but do any of you know what he's talking about?

"Subject: I may be able to work from the day I arrive in the USA!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

K-1 Visa is on that list. Perhaps that means I will be able to work from day 1? I'm going to investigate this further.

How exciting! I love you xxx:"

Any ideas?

[Koakland 0]

So I just got this email from Sebastian. I haven't had time to do any research, but do any of you know what he's talking about?

"Subject: I may be able to work from the day I arrive in the USA!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

K-1 Visa is on that list. Perhaps that means I will be able to work from day 1? I'm going to investigate this further.

How exciting! I love you xxx:"

Any ideas?

Ok super interesting. I think you should post this on the AOS forum so we can get some input from other members. I'll have to look into this because that'd be awesome if we don't need an EAD.

[Terri and Seb 0]

Ok super interesting. I think you should post this on the AOS forum so we can get some input from other members. I'll have to look into this because that'd be awesome if we don't need an EAD.

For those interested, I just made a new thread about it. http://www.visajourney.com/forums/index.php?showtopic=173580

Let's see how it goes!

[Shannon ♥ Nick 0]

Terri, have a look at this, might be of some use to you re the EAD.....

[Aubrey 10]

So I just got this email from Sebastian. I haven't had time to do any research, but do any of you know what he's talking about?

"Subject: I may be able to work from the day I arrive in the USA!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

K-1 Visa is on that list. Perhaps that means I will be able to work from day 1? I'm going to investigate this further.

How exciting! I love you xxx:"

Any ideas?

I hate to spoil it for everyone, but there's already been numerous threads about this on VJ. If you search, you'll come across them. The consensus still is that you need an EAD stamp or EAD still in order to work, although there are a select few around VJ that debate this. The argument surrounds the fact that you are required to show that you are work authorized and identification in order to legally work in the US, and without EAD you do not have the required documentation for your, uh, I think it's the I-9 form.

And even still, if somehow USCIS has just been unclear and really did intend for the K1 to be allowed to work, you will be hard-pressed to find an employer who will hire you without the documents required for the I-9 to show that you are legally authorized to work. Your SSN card will not work, as it will be stamped saying it is not valid for work authorization.

In summary, don't count on it.

[Terri and Seb 0]

Thanks for the response, Aubrey. And Shannon&Nick, your thing didn't show up for me .

I personally haven't been looking into this too much (too busy with nursing school!) but Sebastian has. He seems quite sure that he can legally work without it, and posted his justification in the other thread. I'm still pretty skeptical but I plan on calling DOS sometime this week for some more information. I'll be sure to tell you guys what I find out.

Someone in the other thread said the EAD stamp from JFK is not even valid anymore- which confuses me even more. Finding an employer who is willing to hire him isn't really the issue, we know of a few people/friends of friends who have expressed an interest in hiring him for contract programming work for the 90 days until we file for the EAD during AOS, we just don't want to break any laws during the process! Working under the table IS illegal, right? hahaha.

Ugh. When will this eennnnnndddd? I just want to be married already.

[Shannon ♥ Nick 0]

Ugh. When will this eennnnnndddd? I just want to be married already.

I can imagine you saying that aaand I can remember whining it myself, while stomping feet of course!

It will all be over soon, hun. Your interview is just around the corner - and then at least one bit of the whole process will be done.

Nick said the link he was trying to post was a thread talking about clarification of the ead procedure in the reg. K1 area.

I think you're right - calling them and asking is better than speculating with all the interpretations posted around. Let us know what they tell ya! .... and get their name address and ssn so that when the next person gets a different answer from them we have someone to blame! Gotta love the consistency of the government!

[Aubrey 10]

Thanks for the response, Aubrey. And Shannon&Nick, your thing didn't show up for me .

I personally haven't been looking into this too much (too busy with nursing school!) but Sebastian has. He seems quite sure that he can legally work without it, and posted his justification in the other thread. I'm still pretty skeptical but I plan on calling DOS sometime this week for some more information. I'll be sure to tell you guys what I find out.

Someone in the other thread said the EAD stamp from JFK is not even valid anymore- which confuses me even more. Finding an employer who is willing to hire him isn't really the issue, we know of a few people/friends of friends who have expressed an interest in hiring him for contract programming work for the 90 days until we file for the EAD during AOS, we just don't want to break any laws during the process! Working under the table IS illegal, right? hahaha.

Ugh. When will this eennnnnndddd? I just want to be married already.

Right, this is the same thing that's been posted numerous times. If you read the list A/B/C carefully (even on the old form), it says "authorized to work for the employer" for the foreign passport requirement (under list A). It doesn't say "authorized to work" but "for the employer." People here on work visas are only allowed to work for the specific employer they applied for, hence the wording. The I-9 has been updated and clarifies: "In the case of a non-immigrant alien authorized to work for a specific employer" yatta yatta. The other option also listed, is of course, the temporary EAD stamp. Elsewise, you need something from both list B and C, which is clearly not possible for a K1.

I think if the K1 was intended to be allowed work authorization, the SS cards wouldn't be stamped as not authorized for work without DHS authorization.

And yes, working without proper authorization is illegal, and not only can get the immigrant in trouble but the employer, too.

[Terri and Seb 0]

Believe me, I was just kidding about working under the table. We'd never risk jeopardizing things after all this time. Again, thanks for your responses! I personally tend to side with you and think it's better safe than sorry even if an EAD isn't needed, but Sebastian seems quite convinced. I'll place the phone call this week and let you all know .

[Koakland 0]

Approved!!

I'll let Nick fill you all in later... but I had to share our amazing news!!!!!

I'm excited for you Juliette and for everyone where ever you are in the process. I think I'm most excited for Nick though who has the added blessing of the little one.

Juliette, are you going to do the publication des bans? I want to do it but it'll hold up my wedding day plans by a month

In France ? No, I didn't even think about it. I thought that la publication des bans was when you get married in France, your names and blablabla are on the wall at the "mairie". Do we have to do that if we get married in the US ?

Noi is here -- safe and happy. We spent a couple of days in NYC before arriving back in Maryland. However, she had a horrible experience in immigration with rude staff at JFK. Absolutely refused to issue a temporary EAD (woman said she was too busy. Noi said she spent two hours eating and joking with a fellow immigration official). Also, I believe there was a document (?) that Noi should have been issued and wasn't.

As a USC, is there a USCIS number I can call to complain?

Thanks for looking into this TerriandSeb. Please keep me posted. Now to the Lost premiere

[TeeKol 0]

Any Uk filers know where to find the DOS telephone number please? I need to call to find out if they have an interview date for me. I am getting anxious to know.

Thanks

[Ju&Ja 1]

Any Uk filers know where to find the DOS telephone number please? I need to call to find out if they have an interview date for me. I am getting anxious to know.

Thanks

I think that it is the same number for everybody : 202-663-1225

[Istan-ns 0]

Just wanted to let everyone know how the interview went: my fiance got her visa!

She was at the interview for 3 hours and stumbled on some of the questions because she was nervous. But now she has visa in hand!

Looks like I will have a happy March.

[Ju&Ja 1]

Just wanted to let everyone know how the interview went: my fiance got her visa!

She was at the interview for 3 hours and stumbled on some of the questions because she was nervous. But now she has visa in hand!

Looks like I will have a happy March.

Congratulations ! It is very exciting to see the july filers getting done 1 by 1. Except for some who still don't have news from USCIS

Today I found out that I have to get a new passport cuz' my picture on the one I have is a lil' bit scrached. I will try to get it in emergency cuz' it takes 1 month in France to have a new one !!! You will see that I won't have my passport in time for my interview

Edited January 22, 2009 by JulietteDumont