Hubby Arrives and Doesn't Get EAD

[Sylvia_n_Joseph 3]

This country is all about whims and unfair treatment. That is why some people get to visit each other all through the process and others haven't seen their SO in more than a year and couples with equal evidence don't all get approved immediately. I will trade you non work visa for my sitting in review hell.

Is there some law that keeps you from visiting your SO? Looks like your process is going a lot faster than ours did if that is any comfort...

Almost If you understood the hassles of getting it arranged with my work to travel out of the country you would wish it was only a law in the way.

[TayRivers 4]

What do you mean "not entitled" to it???? From the document you linked to it appears it isn't even NECESSARY! How can something that isn't even totally necessary be an "entitlement"??? That seems totally contradictatory...

in addition, technically nobody is "entitled" to it ... Giving out the "stamp" is totally discretionary.....

Thanks Payxibka,....Discretionary was the word I was looking for but it eluded me,..

I'm criticizing a ridiculous process ONLY.

So it's a matter of a whim on the part of the person you meet with? In what part of a country of laws and rules do whims belong? If no one is entitled then why give it to anyone? What is the test? You look like someone who needs it? You are from Country XYZ and so we like you? You are male? You are female?

Our country of laws and rules is also a country where discrimination and disparate treatment is not legal. If he had been given a questionaire that asked specific questions to determine his eligibility that might speak to some sort of process that allows some to qualify while others do not... which would indicate a specific process that would then allow people to have some clue in advance what to expect.

I see nothing wrong with planning your entry to coincide with one of the few places where temp EAD's are provided (which also is RIDICULOUS). Why does everyone think that it's a crime to want to work? Or a priveldge to be ALLOWED to work???? It's just a fact of life? Are they trying to make it possible for only the RICH to immigrate? Or for only Americans who can support their spouse for months to be allowed to marry from outside the country?

Saying that no one is entitled but some are given it and some are not at the sole discretion of an indivicual sounds like some Banana Republic where you need to tip the person to get what you want... Not a country of laws and rules.

And if it was about paying "baksheesh" my husband would have been right in his element... that's how business is done all over Egypt... I just didn't know that was the score in my country... See what I get for living in the West Coast...

Thanks again for all the information and I wasn't criticizing anything but a very convoluted process that seems arbitrary and discriminatory.

K

If being able to work was of prime importance then you applied for the wrong visa, A K1 visa is to allow for marriage within 90 days. if he needed to be able to work from the day he entered then a CR1 visa is what you should have applied for.

The person who is sponsoring the immigrant has to show that they earn 125% of the poverty line so that they can support the immigrant during the time they can not work or can not find work. USCIS will not take into account his desire to send money back to remaining family in his home country. After all that is something he has chosen to do he is not legally obliged to do it.

How could I apply for a CR1 when we couldn't even get married in Egypt???????????????????????

Oh my gosh I can't believe you think he has no obligation to support his children... simply because they aren't American????? It is not only a DESIRE it is an OBLIGATION that he provide for them! And thank GOD he answers to a higher power than the USCIS and takes this OBLIGATION seriously. And as a matter of fact in our faith it is his OBLIGATION to support me as his wife as well. Even if she makes 10x as much as he does, did or ever will.

And it's totally absurd to claim that the reason for the means test is so that we can support them during the time they are forced to go without work because the USCIS doesn't do a very good job of giving immigrants their RIGHTS. It's so that we will be responsible for them should something unforeseen occur, like disability, or illness......

Amazing, simply amazing........................

You could have got married in another country, that marriage would have been recognized by the US, so yes you could have gone for a CR1.

No one is saying he sould not support his children, but your bad planning as in him arriving on a visa that at best may or may not allow him to work for 90 days is not the fault of USCIS. I take it if he has the desire and obligation to fully support his children then they will be joining him here in the USA, so that he can fully support them, not just with money.

I would be more concerned about what his status is now as it would appear that the CBP officer has granted his I-94 as a tourist if that is what has been entered in the system then you have much bigger problems than his lack of Temp EAD stamp.

As for his rights, you are mistaken, IMMIGRATION IS A PRIVILAGE NOT A RIGHT. Like the rest of us you try to follow the rules as per USCIS and hope for the best. Most of the time it works out but not always and we have to deal with the issues as they come along.

You talk about higher powers, well all I can say to that is that while you are going through this immigration journey USCIS has more power over your life than most people belive. All you can do for now is get married and file for AOS and EAD yes it means he is not authorized to work until the EAD is approved, but most are approved within 90 days.

[KHPerfectMatch 1]

I disagree with most of the posters in this thread regarding the issuing of I-94 with EAD stamps on them. JFK should and I would argue must give out the temporary stamp. ALL border crossings should give them out. I find it offensive that somebody like myself from the Vancouver area of Canada who's driving (and importing) their car and driving towards Seattle has no chance of getting the stamp. Meanwhile somebody in Ontario can get the stamp and then move to New York.

If I were moving from Egypt, you can be sure, I'd be choosing JFK for the I-94 stamp.

Some say it's an option of the JFK people to give out the stamp. I see it as standard procedure. Just as much as giving out the I-94 is. It's all the other border crossings that aren't keeping their half of the bargain up. I had to pay the Washington State border fees when I crossed and they wouldn't budge on the EAD stamp. They told me they used to give it out but had stopped doing it. Well gee thank you very much.

I don't think K-1 people are being unreasonable in asking for EAD stamps for 90 days. It's been standard practice in years past. We've already paid the US government for expensive useless medical exams that could easily be done for free by our local doctors. But instead have to travel across the province to the 1 certified doctor to do a 6 hour test. Five and a half of those hours spent waiting in a doctor's office lobby.

How is burdening our fiancees instead of working ourselves benefiting anybody?

I would go back to the airport and talk to immigration. They made the mistake. If you can't get the stamp, well the link posted says you're allowed to work even with an unstamped I-94. You're lucky in that regard in that you have 6 months while most of us get the standard 3 month term. Your EAD should be received by then. If you can't talk to the airport immigration, make an INFOPASS appointment.

Very well said!

We are in the Pacific NW so going back to JFK is impossible, in fact once he stepped out of the processing area and called me and told me they wouldn't give it to him (the EAD) he tried to go back and couldn't get into that area again...

Thanks for your post, it was refreshing!

K

[wifetobe 2]

going back to JFK is impossible, in fact once he stepped out of the processing area and called me and told me they wouldn't give it to him (the EAD) he tried to go back and couldn't get into that area again...

Thanks for your post, it was refreshing!

K

Are you serious? It's called security