K1 Process Flowchart

[phoenix1 0]

Can someone please explain this to me. I did not think the Beneficiary could work until the Ead was done...

Here is how it reads on the flowchart next to POE

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.

thankyou

[Hell0W0rld 10]

basically, you can get a TEMP EAD at the JFK airport, at this time i think only this airport does this, other airport might do this if you ask for it... so if you have to work, be sure to make JFK your POE. your k-1 is valid for 90 days so thats how long the temp EAD will last....

Edited February 4, 2009 by HelloWorld08

[phoenix1 0]

I have already purchased the ticket and POE will be Miami. It seems strange you have to fly through a certain airport... I will have her ask. This is good news and I hope Miami will do it for us.....If anyone her has been succesful doing this I would love to hear from you....

[KimandRuss 0]

There are actually many POE's that issue a temporary EAD stamp. There is an ongoing thread somewhere here on VJ. But, due to a recent change in the law, it is now virtually useless anyway.

[Gary and Alla 3,694]

Can someone please explain this to me. I did not think the Beneficiary could work until the Ead was done...

Here is how it reads on the flowchart next to POE

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.

thankyou

Was correct, Kind of. My fiancee, now wife, received the employment authorization stamp at JFK without asking. She started a small job as part of her English training before her I-94 expired (The K-1 is cancelled when she arrives and the I-94 "takes over"). When her I-94 expired and her EAD had not been received (but applied for) she merrily continued working and bragged all about it at her AOS interview. Not one word was said and she received her green card approval the same day as the interview.

However, as of two days ago, the wording on the I-9 form has changed and no one will receive this stamp at POE unless they are here for a specific job and they have a visa for that job. So now K-1 visa holders will have to wait for the EAD to work. The USCIS says this was always the intent of rule, but the wording of the I-9 made it unclear and they always "forgave" people who were otherwise here legally and followed the procedures for AOS.

[phoenix1 0]

thankyou for the response. I started to get excited thinking we did not have to wait....