K1 expired, working authorisation !denied!

[Mrs Parker 0]

I arrived on my K1 visa on Jul 31, 08 and as soon as I got here applied for working authorisation not knowing, btw, I could legally work with the stamp in my passport. I sucked up the $300 fee, knowing that if I waited I could get my EAD free with my I-485, because I had a prospective employer and I wanted to get the ball rolling. My application was DENIED! By the time they processed it my I-94 had expired. My husband and I got married on Oct 18, 08 and immediately sent our AOS docs off so that is being processed now but I have to resend my EAD application and have ended up prolonging the application. Now, I don't have a social security number, I can't work for my propective employer and I am out $300.

I advise anyone to just wait and send their EAD application with their application for adjustment of status. This is a very frustrating process that I don't really understand and can't afford a lawyer to explain it to me! On the bright side, I am here, married to the love of my life having spent 10 months apart and am being processed for my green card so I have to count my blessings. I guess I just wanted to write this to warn anyone else who is thinking about doing the same.

God is GOOD and will provide - in Him we are trusting!

Blessings and peace

Tea Lady Parker

[Kathryn41 3,205]

Good advice. Yes, you discovered the hard way that employment authorization has to be based on a valid immigration document. When you arrived on the K-1, the I-94 gave you 90 days of valid status within which to complete the terms of the K-1 - get married. After your I-94 status expired you are supposed to obtain new status through filing the AOS - Adjustment of Status. You have no legal status in the US between the expiry of the I-94 and filing for AOS.

When you arrive on a K-1, the valid immigration document you have is good for 90 days. The EAD application usually takes about 90 days to process so if it was approved it would still expire when the I-94 does. As in your case, it wasn't processed within the 90 days so there was no longer a valid immigration status upon which to base an EAD so it was denied. Once you file for AOS you again have a legal status - AOS applicant - and an EAD can be issued based on that status. This EAD would be valid for one year or until the AOS was approved - whichever was the shortest time.

You could have applied for a SSN, however, 10 days to 2 weeks after your arrival and up to 3 weeks prior to the I-94 expiring. Now you will need to wait until you get the EAD based on the AOS.

Good luck. I hope you get a speedy approval.

Edited November 15, 2008 by Kathryn41

[*JG* 2]

Why did you pay an additional fee? With AOS, the EAD and AP have been included in the AOS fee for some time now.

[Kathryn41 3,205]

Why did you pay an additional fee? With AOS, the EAD and AP have been included in the AOS fee for some time now.

Because they applied for EAD before they applied for the AOS.

[belinda63 3,038]

they applies for EAD upon arrival, prior to filing for AOS. You can do this but as stated the EAD will expire with the I-91, 90 days after arrival. That is why most ppl wait until they file for AOS the fee which includes the EAD.

As the poster has stated it was a waste of money to file for the EAD prior to AOS since it was not even processed before their K-1 visa, upon which they filed for EAD, expired.

[Mrs Parker 0]

Good advice. Yes, you discovered the hard way that employment authorization has to be based on a valid immigration document. When you arrived on the K-1, the I-94 gave you 90 days of valid status within which to complete the terms of the K-1 - get married. After your I-94 status expired you are supposed to obtain new status through filing the AOS - Adjustment of Status. You have no legal status in the US between the expiry of the I-94 and filing for AOS.

When you arrive on a K-1, the valid immigration document you have is good for 90 days. The EAD application usually takes about 90 days to process so if it was approved it would still expire when the I-94 does. As in your case, it wasn't processed within the 90 days so there was no longer a valid immigration status upon which to base an EAD so it was denied. Once you file for AOS you again have a legal status - AOS applicant - and an EAD can be issued based on that status. This EAD would be valid for one year or until the AOS was approved - whichever was the shortest time.

You could have applied for a SSN, however, 10 days to 2 weeks after your arrival and up to 3 weeks prior to the I-94 expiring. Now you will need to wait until you get the EAD based on the AOS.

Good luck. I hope you get a speedy approval.

Thank you so much for your lengthy reply! How did you find all this out? I am really struggling with this whole process. I seem to be making mistake after mistake! Anyhow, that's how we learn and hopefully I will be able to help others after this like you are helping me.

Thanks again,

Tea Lady

[Angela & Paul 12]

There's a lot of information on VJ forum on this subject at

http://www.visajourney.com/forums/index.php?showtopic=309

But maybe there is too much info

[Kathryn41 3,205]

You're welcome. It can be really overwhelming when you start this process. I remember when we were looking at the K-1, I felt very intimidated at even the thought of what came after the approval and despaired of ever getting through the process. I guess that is one benefit of it being such a long drawn-out affair - it gives you time to study and learn about what's involved. We officially started our visa journey in June 2004 and have been plodding along ever since. Currently, I am waiting for the conditions on my green card to be removed. I didn't find VJ until shortly before my AOS was approved (nearly 2 years) so most of what I learned until that time was through reading and re-reading the USCIS website and all sorts of useful documents I came across online. Once I joined VJ, I learned so much more because I was able to take advantage of all of the cumulative knowledge of the many people here who had already gone through the process or were going through it. Their help has been invaluable to me, and I am happy if I am able to pass along some of what I have learned to help someone else.

Don't worry - it will all start to make sense as you work your way through the system. Just take your time and read over all instructions - and all forms - carefully. You will find VJ an excellent resource as well. If you have any questions, don't hesitate to ask because there are very few circumstances someone here hasn't already experienced and they can offer the benefit of that experience. When you have been in this process as long as I have, I am sure you will be able to offer a similar perspective from your experience, in fact, you already are helping with your post. I o hope, however, that your journey is much, much faster than mine. Good luck.

Kathryn

Good advice. Yes, you discovered the hard way that employment authorization has to be based on a valid immigration document. When you arrived on the K-1, the I-94 gave you 90 days of valid status within which to complete the terms of the K-1 - get married. After your I-94 status expired you are supposed to obtain new status through filing the AOS - Adjustment of Status. You have no legal status in the US between the expiry of the I-94 and filing for AOS.

When you arrive on a K-1, the valid immigration document you have is good for 90 days. The EAD application usually takes about 90 days to process so if it was approved it would still expire when the I-94 does. As in your case, it wasn't processed within the 90 days so there was no longer a valid immigration status upon which to base an EAD so it was denied. Once you file for AOS you again have a legal status - AOS applicant - and an EAD can be issued based on that status. This EAD would be valid for one year or until the AOS was approved - whichever was the shortest time.

You could have applied for a SSN, however, 10 days to 2 weeks after your arrival and up to 3 weeks prior to the I-94 expiring. Now you will need to wait until you get the EAD based on the AOS.

Good luck. I hope you get a speedy approval.

Thank you so much for your lengthy reply! How did you find all this out? I am really struggling with this whole process. I seem to be making mistake after mistake! Anyhow, that's how we learn and hopefully I will be able to help others after this like you are helping me.

Thanks again,

Tea Lady

Edited November 21, 2008 by Kathryn41