Hubby Arrives and Doesn't Get EAD

[KHPerfectMatch 1]

Salaam and Hello,

As planned my husband (fiancee to the USCIS) arrived yesterday at JFK. He was given a 6 month visa and NO EAD. He kept asking for it from the Immigration Officer and was flatly ignored and told to move on. He was too intimidated to challenge the man. I'm guessing because of his age the guy must have thought he was entering on a tourist visa. 6 months? No EAD???

I know that the local USCIS office here told me that if he applied once he arrived here in my city that it would probably take more than 3 months to get the EAD, which by then would be invalid.

I'm guessing that the only option we have then is to hurry up and get (legally) married and file the AOS paperwork. I think I've read that the AOS process can take months. I am guessing we're looking at 6 months without him being able to work. Can anyone tell me if I'm close on that guess?

Needless to say this is a BIG problem for him. He has family to support back home and doesn't want to "eat from a woman's hand" for the next 6 months.

I can see him going into panic and meltdown mode each time he thinks about sitting here for 6 months without an income.

If anyone has any suggestions please post them here or email me privately. I am heart broken for him and fear he may just take a plane back to Egypt to fulfill his obligations... It just seems so wrong that one person's mistake (and an intimidated immigrant's fear) can cause such havoc for an entire family, both here and back home...

I'm also feeling pretty certain that our paperwork is going to be "lost" because they thought he was a tourist... And this will mean even more expense and delay.

Yes, I'm lower than a whale's belly at this point... Should have been a day of joy, and is now a day of tension and regret....

Hope anyone reading this doesn't make the same mistake when they enter... at least our problem might save someone else from the same situation.....

Salaam,

K

[HLM 1]

im soooo sorrry Karamella- even tho i cant answer ur questions but im sure others will- i just want to say im so sorry things didnt turn out the way u guys planned:( its so disappointing to start things off like that!! try to post this in the k3 forum too so u can get as many answers as u can! take care sweetie and keep us updated; ill be praying for u and ur hubby and try to stay positive as much as u can even when its hard and insha Allah u will hear good news soon!

[LaL 418]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

Edited October 8, 2008 by LaL

[Ban Hammer 13,554]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

that's what threw me off - a 6 month visa?

[KHPerfectMatch 1]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

that's what threw me off - a 6 month visa?

Oh excuse the heck out of me for calling it a "visa"...

[KHPerfectMatch 1]

im soooo sorrry Karamella- even tho i cant answer ur questions but im sure others will- i just want to say im so sorry things didnt turn out the way u guys planned:( its so disappointing to start things off like that!! try to post this in the k3 forum too so u can get as many answers as u can! take care sweetie and keep us updated; ill be praying for u and ur hubby and try to stay positive as much as u can even when its hard and insha Allah u will hear good news soon!

Shukran Ya Okti,

Thank you for your support. I don't know how this may play out, but it's not looking very good right now...

Wa'salaam,

K

[tucson_chick 0]

did you check the back of his i94? the EAD is a little, blurry red stamp on the back of he i94.

after filing for AOS he will have his EAD within less than 90 days.

so if he wants to work, go to the courthouse tomorrow, get hitched, file for AOS the day after tomorrow, and he'll be able to work in 90 days. it will take him a few weeks to get his SSn and stuff anyways.

the officers at JFK are crazy impolite, i made that experience at well.

[jundp 191]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

that's what threw me off - a 6 month visa?

Oh excuse the heck out of me for calling it a "visa"...

I think this was meant to offer you some support....not for you to be offended.

There is a distinct difference between the visa and the I 94. The K1, which he was issued in Cairo, is the visa. His entry on the K1 is good for 90 days, in which time, of course, you two will get married. Once he applies for AOS/EAD/AP (if you want AP) then you will wait. If he doesn't receive EAD by the 90 mark after filing for AOS, then you can make an INFOPASS appointment at your local office for him to get teh stamp for EAD. I think most EAD's are taking right around 90 at the moment.

Try not to panic. He won't have to wait 6 months for EAD but check the back of his I 94 first to make sure he doesn't already have the EAD stamp.

[Ahmed N Tina 2]

OMG, I've been thinking of you all day hoping things would work out differently with that. I hope you will be able to work something out soon! One step at a time.

[nunyab 0]

i think you'll be ok but get your steps outlined first and reaistic expectations for him.... good luck

[rebeccajo 14]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

that's what threw me off - a 6 month visa?

Oh excuse the heck out of me for calling it a "visa"...

Well excuse the heck out of us if we ignore you from now on............

[Mags 112]

First he shouldn't have gotten a "visa", he already had that. He should have been given an I94 with an expiration date (90 days should have been correct - 6 months is wrong). Also - the authorization to work is a tiny stamp on the back of the I94 - it is *not* a separate document.

that's what threw me off - a 6 month visa?

Oh excuse the heck out of me for calling it a "visa"...

This remark wasn't meant in a bad way - please don't get snipey.

Thanks.

[aidan80 9]

Salaam and Hello,

As planned my husband (fiancee to the USCIS) arrived yesterday at JFK. He was given a 6 month visa and NO EAD. He kept asking for it from the Immigration Officer and was flatly ignored and told to move on. He was too intimidated to challenge the man. I'm guessing because of his age the guy must have thought he was entering on a tourist visa. 6 months? No EAD???....

It can all be so confusing!.. If I remember correctly once you're issued the K1 at the embassy before you arrive in the US it's valid for a total of 6 months. So the visa is good for 6 months, to enter the US... Once you're in the US and have used the K1 you have 90 days to marry. Marry within the 90 days and file for AOS as soon as possible. We filed later due to cash flow shortages! We didn't have any problems. One word of advise is if you don't have your name on or in your mailbox, do it. USPS sent my EAD back and we found out the name on mailbox invisible rule the hard way. It took a few more months just to get the EAD sent out again by which time I more or less had my GC. I didn't get the EAD stamp either, I don't think they really give it out anymore. I don't think a 90 day EAD is of much use anyway..

Good luck!

[chris4gretchen 1]

Salaam and Hello,

As planned my husband (fiancee to the USCIS) arrived yesterday at JFK. He was given a 6 month visa and NO EAD. He kept asking for it from the Immigration Officer and was flatly ignored and told to move on. He was too intimidated to challenge the man. I'm guessing because of his age the guy must have thought he was entering on a tourist visa. 6 months? No EAD???

K

it wouldnt matter anyway, the EAD stamp from JFK would only be good for the 90 days that his I-94 is valid. Once it expired he cant work and there are very few employers who will want to hire someone who can only work for 90 days or less, and wont have a social security card for a month of that. Your hubby can legally work for 90 days but in reality probably wont be able to until he gets his EAD, which seems to be taking about 3 months currently.

Just a part of the K1 process.

Chris

Edited October 8, 2008 by chris4gretchen

[Aymsgirl 0]

Karamella,

Ayman didn't think he had his either. It was marked on the back of the I94 with a red stamp and the expiration date was filled in with ink by hand. His I94 was actually stapled through it so we didn't see it until we were gathering papers for AOS. I would check and see because it isn't an extra piece of paper that they give him and sometimes well its in a sneaky little hiding place.

I am glad that he arrived to you safely and sorry that they gave him problems over this. My husband had no problems really at all at the airport. I hope you find a solution quickly for him.

Tasha