EAD on Land Crossing from Canada on a K-1

[Spoom 8]

Hi folks,

I'm nowhere near the point where this will apply, but I was just wondering. When I get my K-1 visa (and yes, I'm going with 'when', not 'if'... helps to keep a positive attitude ), is there any way I can get an EAD at one of the land crossings from Ontario? From what I've heard, JFK is the only place that issues them to K-1 arrivals on-site. I'd really like to be able to work during those three months though.

If that's not possible, my guess is that it would look very suspicious for me to enter via JFK, no? Besides which, to get an international flight to JFK, I'd probably have to leave through Toronto, which has a US Customs post there that I'd have to go through first anyway (from what I've read).

Also, I do freelance web development over the internet. Does this count as 'employment'? I'm certainly self-employed as I have several clients, all of whom don't care about the location where I work. Shutting my business down for those three months (and the time it takes to get an EAD on my AOS, which would probably be another month or two, right?) would be fairly difficult (though obviously if necessary for the immigration, I'll do it).

Thanks!

Edited February 27, 2009 by Spoom

[YuAndDan 153]

Some boarder crossings do the stamp, but it is not required to get a SSN.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to read this post: http://www.visajourney.com/forums/index.php?showtopic=180237

[Kathryn41 3,205]

I have heard that the EAD stamp has been issued at the Ambassador Bridge in Detroit but you will have to follow up on that. As well, there is no way a Canadian can fly into JFK and get the EAD stamp. All Canadian flights ending in JFK have immigration done pre-flight in Canada instead of upon arrival in JFK so while you enter in JFK the actual immigration paperwork is taken care of where you board (ie. Ottawa, Montreal, Toronto, etc).

You might want to ask this question in the Canada only forum as I recall this issue coming up before and someone tried to do a listing of Canadian land border crossing locations that did provide the EAD stamp. The best advice may be to phone each of the border crossing locations you are considering to see if they offer the EAD stamp and then decide from there.

[Kez/JWolf 6]

Temp EAD stamp will not be of any use to you after the beginning of April. The requirements for the form I-9 (everyone has to complete this when they start employment) will no longer allow a valid I-94 with temp EAD unless your visa is a work visa for a specific employer.

Working freelance without EAD is a grey area.

[Spoom 8]

Some boarder crossings do the stamp, but it is not required to get a SSN.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to read this post: http://www.visajourney.com/forums/index.php?showtopic=180237

I'm fully aware that the K-1 by itself doesn't authorize work (and actually read that thread prior to posting this one).

I have heard that the EAD stamp has been issued at the Ambassador Bridge in Detroit but you will have to follow up on that. As well, there is no way a Canadian can fly into JFK and get the EAD stamp. All Canadian flights ending in JFK have immigration done pre-flight in Canada instead of upon arrival in JFK so while you enter in JFK the actual immigration paperwork is taken care of where you board (ie. Ottawa, Montreal, Toronto, etc).

You might want to ask this question in the Canada only forum as I recall this issue coming up before and someone tried to do a listing of Canadian land border crossing locations that did provide the EAD stamp. The best advice may be to phone each of the border crossing locations you are considering to see if they offer the EAD stamp and then decide from there.

Thanks, I'll do a search there to try and find the thread in question. Any idea if the Peace Bridge to Buffalo (which is where I usually cross nowadays) will do it?

Temp EAD stamp will not be of any use to you after the beginning of April. The requirements for the form I-9 (everyone has to complete this when they start employment) will no longer allow a valid I-94 with temp EAD unless your visa is a work visa for a specific employer.

Working freelance without EAD is a grey area.

Most likely I will be continuing my business when I have the stamp, so I won't be explicitly employed, hence I doubt the I-9 will be necessary. However, this does bring up an interesting point: Are you saying that the temp EAD stamp will effectively become useless as of that date?

Edited February 27, 2009 by Spoom

[July09Bride 1]

Spoom,

My fiance is in EXACTLY the SAME boat as you! In fact, I had to re-read your personal info a couple of times to make sure you weren't him! LOL

The question you posed here is exactly what I've been trying to find an answer to here in VJ. Right now, my fiance is self-employed and contracts with various companies to do their website creation, maintenance, and updating who also lives in London.

Wow.

Thank you for posting this question and thank you to all of the VJ'ers adding their thoughts and information!

[Kez/JWolf 6]

Some boarder crossings do the stamp, but it is not required to get a SSN.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to read this post: http://www.visajourney.com/forums/index.php?showtopic=180237

I'm fully aware that the K-1 by itself doesn't authorize work (and actually read that thread prior to posting this one).

I have heard that the EAD stamp has been issued at the Ambassador Bridge in Detroit but you will have to follow up on that. As well, there is no way a Canadian can fly into JFK and get the EAD stamp. All Canadian flights ending in JFK have immigration done pre-flight in Canada instead of upon arrival in JFK so while you enter in JFK the actual immigration paperwork is taken care of where you board (ie. Ottawa, Montreal, Toronto, etc).

You might want to ask this question in the Canada only forum as I recall this issue coming up before and someone tried to do a listing of Canadian land border crossing locations that did provide the EAD stamp. The best advice may be to phone each of the border crossing locations you are considering to see if they offer the EAD stamp and then decide from there.

Thanks, I'll do a search there to try and find the thread in question. Any idea if the Peace Bridge to Buffalo (which is where I usually cross nowadays) will do it?

Temp EAD stamp will not be of any use to you after the beginning of April. The requirements for the form I-9 (everyone has to complete this when they start employment) will no longer allow a valid I-94 with temp EAD unless your visa is a work visa for a specific employer.

Working freelance without EAD is a grey area.

Most likely I will be continuing my business when I have the stamp, so I won't be explicitly employed, hence I doubt the I-9 will be necessary. However, this does bring up an interesting point: Are you saying that the temp EAD stamp will effectively become useless as of that date?

Yes it will no longer be acceptable as proof of work authorization for K1 visa holders.

[July09Bride 1]

Yes it will no longer be acceptable as proof of work authorization for K1 visa holders.

So, what should someone (the K-1 beneficiary) do in the meantime... I'm guessing not work? That just doesn't sound logical.

[Kez/JWolf 6]

Yes it will no longer be acceptable as proof of work authorization for K1 visa holders.

So, what should someone (the K-1 beneficiary) do in the meantime... I'm guessing not work? That just doesn't sound logical.

A K-1 is not a work visa, so yes they can not work until they have a EAD or Greencard. If you need to be able to work then you should have filed for a immigrant visa (CR-1/IR-1) not a non-immigrant visa (K-1/K-3).

Only LPR are allowed to work that is why a K-1 & K-3 have to file to Adjust their Status to that of a LPR. CR-1 & IR-1 are LPR from the minute they enter the USA and can work as soon as they have a SSN.

[rebeccajo 14]

Yes it will no longer be acceptable as proof of work authorization for K1 visa holders.

So, what should someone (the K-1 beneficiary) do in the meantime... I'm guessing not work? That just doesn't sound logical.

Just think of it as a little 'downtime'.

It can actually help the immigrant by giving them some time to adjust to life in America before being tossed out into the working world.

[Carlawarla 1]

I'm not trying to rain on anyone's parade here, but filing for a K-1 when work as soon as you arrive is SO important is really not a good idea. You really need to do research about this whole process before you start it. I don't know where you are in the process, but perhaps filing for a CR-1 would have been better. In the meantime, yes, it gives you time to adjust, find your way around. You could do volunteer work etc.

If you're really strapped for cash, and your interview is still many months away, you might want to start socking some of it away for the approximately 3 months off you're going to have when you get down if you still continue with the K-1. If this is not going to be possible, you might want to think about cancelling the K-1, marrying, and refiling for the CR-1.

[Carlawarla 1]

I apologize if I sounded too snippy in my previous post. I just don't understand how someone can apply for a marriage based visa, and make such a huge move to the US without having checked into options such as employment. Okay, rant done!

I do have some other information for you, that you're going to have to check out yourself:

Check out the Canada forum about EI. I don't know all the ins and outs about "freelance" work, but are you aware that you can collect EI when you come on a K-1 to be with your fiance? Did you or him, sorry, I don't know who the Canadian is, pay into EI during the time he was doing freelance? How many "employable" weeks did he have in the last 52?

Many Canadians who come to the US obtain EI benefits from the time of their arrival until their I-94 expires. Then, it resumes again once their EAD is received. I think, but I'm not sure, you are paid for about 37 weeks. It has been a life saver for many. There are some "rules", and I don't know about the "freelance", but you can't quit your job until just before you come down, you have to apply within 30 days of leaving your job, you have to move soon after your visa is issued...again, there are lots of ins and outs, but this may be an option.

There is pinned thread in the Canada forum about EI, and there are lots of threads about it. The pinned thread has maybe too many pages in it to decipher, so you may want to just search while in the Canada Forum for "employment, or EI".

There has also been other Canadians that HAVE continued employment with their Canadian employer while in the US. I again don't remember all the ins and outs, but you may want to PM Krikit, and ask her the details, OR look at her posts. She herself did this, as did a few other Canadians.

Best of luck!

Edited March 5, 2009 by Carlawarla