Letter to congressmen about K-3 ead process

[imaisha 0]

hi all. i've written up a lengthy little letter for my congressmen about how i think it's unfair that the social security administration recognizes k-1 visas as valid employment authorization but not k-3 visas. as i watch the projected i-130 adjudication date in my timeline get further and further away i get more and more upset about having to go the k-3 route. there's some personal stuff in the letter that's particular to my situation, but if you feel the same way and would like to send out a copy to your congressmen feel free to edit it to suit you. the more the merrier!

also, has anyone seen where on the uscis site or in the laws it says that k-3 visa holders are eligible to work? i keep finding it in forums and lawyer's websites but it would be nice to include an official snippet.

Dear Representative *,

I write to you now to ask that you reconsider what I think is an arbitrary and unnecessary distinction in one of the policies of the Social Security Administration (SSA). In my situation it is a bias that will lead to considerable heartache for my family. The SSA unfairly requires additional documentation from a K-3 visa holder in order to issue a social security number- documentation not required of a K-1 visa holder- resulting in unfair preferential treatment that makes it more difficult for the former to become gainfully employed.

A K-1 visa holder (the fiancée of a U.S. citizen) receives an Employment Authorization (EAD) stamp in his or her passport at the immigration checkpoint of their port of entry. This stamp indicates to the SSA that the visa is valid for work purposes and a social security number may be issued. A social security number is of course required by all employers as part of a legal hiring process.

Employment authorization is also already included in a K-3 visa (for the spouse of a U.S. citizen) but the EAD stamp is no longer offered to these visa holders at any port of entry. Instead they are required to file an Application for Employment Authorization (I-765) with the USCIS. The filing of this form currently costs $340 and takes approximately 3 months to process. Only after this form is approved will the SSA assign a social security number. Please note that this process does not give work authorization to the visa holder- that is automatically granted when the visa is issued. It is simply a request for a piece of paper confirming this.

My husband is a citizen of the United Kingdom and his application for a visa to join me here in the United States is currently pending at the USCIS. I am not (yet) writing out of frustration due to the wait times or the inequality in processing between the service centers or the sometimes unimaginable manner in which applications submitted months after other, still pending, ones are approved within just a few weeks. I am instead just trying to think ahead.

The K-3 visa process is such that the applicant may follow a different route depending on the timing of the approval. There are two forms filed- an immigrant visa application (which results in a green card) and a non-immigrant visa (which results in only a K-3 visa and must be followed by adjustment of status upon arrival). This is beneficial in certain cases because the applicant can choose whichever one is approved first. Right now it is projected that our application for an immigrant visa and the associated green card would take 6-8 months longer than the non-immigrant K-3 visa.

While it is incredibly important to us that we are able to be together as soon as possible, in our situation it would be an unnecessary and extreme financial burden should we have to pursue the K-3 route. My husband will be leaving his job and his home to come here but instead of being able to begin our life together he will have to sit at home alone all day waiting for a document that just confirms what we, as well as the SSA, already know. A company has even expressed interest in hiring him once he arrives, but he cannot legally accept the job without a social security number. Unlike a K-1 visa holder who can begin working a matter of days after arriving, we will have to wait several months and pay several hundred dollars on top of all of the time and money we will have already spent waiting to be together. I should note that there is no cost to file the I-765 when it is included in an Adjustment of Status package. The cost for that is $1,010. We are told that in order to reduce our costs we should file for that right away- a huge sum on top of the burden of the cost of moving and losing my husband’s source of income during the time he cannot work. We have every intention of filing to adjust status and eventually pursuing citizenship, but doing so immediately would impose undue hardship that could be avoided by applying later on during the two years that the visa is valid.

I know that I have referenced quite a few very specific immigration policies, ones that you may not be familiar with. I hope that it is still clear though that K-1 visa holders are afforded an unfair advantage in this process. I do not think that my marital status entitles me to any privilege. I ask only that we be treated fairly and equally. I believe that K-3 visa holders should either be given the same EAD stamp that K-1 visa holders receive or the Social Security Administration should accept the K-3 visa in a foreign passport as proof enough to issue a social security number. As my congressman you are one of only three people with the power to make this change possible and I hope that you understand the impact that your consideration would have on my family. Please feel free to contact me with any questions about my case specifically, the process in general or anything at all. You can find my contact information below. Thank you very much for your time.

Sincerely,

[payxibka 10,045]

Forgive me if I do not understand, but what is so important about the SSN that cannot be overcome by other available benefits?

A K-1 is "work" authorized for only 90 days and after that time they are no longer authorized, and must also then file the same I-485/I-765 and pay same $1,010 and endure the same application process.... It is not the panacea you might think it is... For the most part very few K-1's are even able to secure a job due to the shortness of the "authorization" period being only for 90 days.

[Mononoke28 135]

I think you're not understanding what the EAD stamp K1 visas receive are good for. As payxibca explained above, they're only valid for 90 days. Once their I-94 expires, so does the stamp. Also, they are given mainly at JFK airport, so any other K1 visa holder coming in through a different POE will most likely not get the stamp. And even if they can get a SS#, it does not guarantee them employment since their SS card will say that it's valid with an EAD.

You also have to look at the logistics of it all. If a K1 visa holder gets the stamp valid for 90 days, by the time they get married and send off their AOS package they will have very little time left to work legally until they receive the EAD card and most employers don't want to bother with hiring someone who's work permit is only valid for a couple of months.

Diana

[himher 634]

This is a downside of the K3 process. The EAD card (authorization to work) arrives about 60-75 days after filing AOS/EAD and only then can the K3 visaholder apply for a SS card and legally get employment. Good letter by the way..

K1 visaholders don't really have it much better. They can only legally work for 90 days, at which time their EAD stamp expires. The only way to avoid that is to marry and file within about (3) weeks, get the I485/EAD petitions in, and then the EAD card still barely has time to be processed for approval before the K1 holder is back out of status (from an employment standpoint). In the meantime the K1 visaholder is carrying a SS card stamped with "not valid for employment without DHS authorization" and must supply further documentation to the employer (ie a green card or EAD card) before they can legally work.

The purpose or original intent of K3 was to allow a quicker path to the US for the intending immigrant, allowing the family to be together during the actual "immigration" process. Immigrants who need to work ASAP on arrival to the US should consider the IR1 route, which trades a few additional weeks of processing time for the ability to receive their green card and almost immedately go to work. Unfortunately, your letter is requesting both the advantage of time given to the intending immigrant by the LIFE act, which set up the (K3) process, and asking for full immigration benefits as well....I'm not sure the response would not be to eliminate the I-551 stamp for K1's rather than allow an I-551 for K3's...........

[payxibka 10,045]

and thus the importance of understanding fully the positives and negatives of the selected path to immigration, then and only then deciding on the path that fulfills the greatest number of needs.... Understanding as well that there will never be a perfect solution that will fit 100%.

[pushbrk 12,883]

This is a downside of the K3 process. The EAD card (authorization to work) arrives about 60-75 days after filing AOS/EAD and only then can the K3 visaholder apply for a SS card and legally get employment. Good letter by the way..

K1 visaholders don't really have it much better. They can only legally work for 90 days, at which time their EAD stamp expires. The only way to avoid that is to marry and file within about (3) weeks, get the I485/EAD petitions in, and then the EAD card still barely has time to be processed for approval before the K1 holder is back out of status (from an employment standpoint). In the meantime the K1 visaholder is carrying a SS card stamped with "not valid for employment without DHS authorization" and must supply further documentation to the employer (ie a green card or EAD card) before they can legally work.

The purpose or original intent of K3 was to allow a quicker path to the US for the intending immigrant, allowing the family to be together during the actual "immigration" process. Immigrants who need to work ASAP on arrival to the US should consider the IR1 route, which trades a few additional weeks of processing time for the ability to receive their green card and almost immedately go to work. Unfortunately, your letter is requesting both the advantage of time given to the intending immigrant by the LIFE act, which set up the (K3) process, and asking for full immigration benefits as well....I'm not sure the response would not be to eliminate the I-551 stamp for K1's rather than allow an I-551 for K3's...........

Good synopsis. In a nutshell, the only reason they threw a temporary EAD and work authorization into the K1 package is to facilitate the requirement in some States for a SSN before marriage. It keeps couples from having to go looking for a State that will allow them to marry without SSN. (There are many actually but it's not always obvious in that one must read through the regulations far enough to see what to do if there is no SSN.)

As a practical matter K1 visa holders are rarely manage to use their temporary work authorization to actually work. Also your letter is in error when you say work authorization is included with the K3 process. It is not.

Also, your husband has a visa path that brings him here fully work authorized. K3 is not required. You could have stuck to an immigrant visa path, CR1 or IR1.

Edited November 24, 2008 by pushbrk

[pushbrk 12,883]

While it is incredibly important to us that we are able to be together as soon as possible, in our situation it would be an unnecessary and extreme financial burden should we have to pursue the K-3 route.

In short, you are asking to have your cake and eat it too. The immigrant visa process is the one that best fits your family's needs and it is fully available to you. You do not "have to" pursue the K3 route.

[reeses16 8]

Imaisha, I admire your initiative to write you congressmen. As the other posters mentioned, the stamp that K1s receive are only available at JFK....fly through another POE and you don't get to request one. They're only good for 90 days which is pretty useless. 90 days is not enough time to find a job, especially if they have no prior history of employment in to US. Many jobs also require a driver's license- In many states if there is no green card, there is no license. And employers don't want to deal with the possibility of you not being work authorized shortly after hiring you.

When you're planning a move, and your SO can not work, and then you have to pay the AOS fees it is a financial strain. Thats why you have to read, read, and plan. And I think you're doing that. And still I'm sure there may be a few things that come up that you didn't expect.

I don't know what type of work your hubby does, but is it possible from him to negotiate his offer so he can work from the UK, wait for the IR1/CR1 to come through, then move and continue work?

[LIFE'SJOURNEY 970]

Also, a K3 can apply for a EAD without applying for the entire AOS process.

[TayRivers 4]

K1 visa holders are no longer able to work with a EAD stamp. The new rules for the I-9 (form completed at the begining of employment) has changed the wording so that a I-94 with EAD stamp is now only valid if the visa is for a specific employer.

My Employer was going to hire a K1 visa holder for 3 weeks work but when they tried to E-Verify the persons work authorization through the E-Verify system it came back "Not Authorized to Work" The person had a valid I-94 with the EAD stamp on the back that they had got on entry through JFK 3 weeks ago.

K3 visa holders are not work authorized until they have applied for and been approved for a EAD. They can apply before they file for AOS and the EAD will be valid for the same period as their K3 or they can wait and file for EAD along with AOS at no cost.

If Working is a major factor when you arrive in the US then a K3 visa is not the best choice for you.

[Arthur Roberta 1]

I think it has been clearly stated that your best option is the CR 1, IR 1 route which would enable your husband to work immediately on entry to the USA.

Personally I would think that the disparity with regards to waiting time in the allocation of visas to those on a K1 route as opposed to the K3 (which is just about extinct) is a far stronger argument.

When you consider that those on a K3 visa still have to undergo AOS why should they wait to be re united longer than those on a fiancee visa? The K3 visa to the best of my knowledge was brought into being in order to re unite married couples sooner than what was a extremely long time for the CR 1 , IR 1 visa (LIFE Act). Due to the waiting time of the CR 1 and IR 1 visa being dramatically reduced it has made the K3 visa practically obsolete.

Whilst there have been significant improvements within the immigration system as a whole and (promises to further reduce married couples waiting times) there still remains sometimes a huge disparity between some petitions adjudication times. If there is one area that needs to be rectified then it is this. A fair system of first come first served and indeed adjudicated is needed, long before we have this proposed reduction in processing times.

I hope you get your petition approved soon (California is the best bet) and you take the opportunity of the CR 1, IR 1 route. Although you may wait longer this is to my mind the most sensible route in today's immigration scenario.

We wish you all the very best and we are so pleased that you put your case to those in government who have the most influence on your case and the overall immigration picture as it stands.

Arthur and Roberta

[Beth/ Paris Heart 2]

I think it has been clearly stated that your best option is the CR 1, IR 1 route which would enable your husband to work immediately on entry to the USA.

Personally I would think that the disparity with regards to waiting time in the allocation of visas to those on a K1 route as opposed to the K3 (which is just about extinct) is a far stronger argument.

When you consider that those on a K3 visa still have to undergo AOS why should they wait to be re united longer than those on a fiancee visa? The K3 visa to the best of my knowledge was brought into being in order to re unite married couples sooner than what was a extremely long time for the CR 1 , IR 1 visa (LIFE Act). Due to the waiting time of the CR 1 and IR 1 visa being dramatically reduced it has made the K3 visa practically obsolete.

Whilst there have been significant improvements within the immigration system as a whole and (promises to further reduce married couples waiting times) there still remains sometimes a huge disparity between some petitions adjudication times. If there is one area that needs to be rectified then it is this. A fair system of first come first served and indeed adjudicated is needed, long before we have this proposed reduction in processing times.

I hope you get your petition approved soon (California is the best bet) and you take the opportunity of the CR 1, IR 1 route. Although you may wait longer this is to my mind the most sensible route in today's immigration scenario.

We wish you all the very best and we are so pleased that you put your case to those in government who have the most influence on your case and the overall immigration picture as it stands.

Arthur and Roberta

A fair system of first come first served IS NOT in the USCIS handbook, especially at VSC. Its just not fair!!!