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Filed: K-1 Visa Country: United Kingdom
Timeline

This must have been asked a million times before but when I need it, I can't find it.

The situation is this: We got married last week on a K-1 visa that's good until June. We got him a social security card but it's the kind that stamped VALID FOR WORK ONLY WITH DHS AUTHORIZATION.

His passport isn't stamped with any authorization to work.

Our lawyer today told him that he can work!

I thought he had to apply for an EAD. Also, it says he has to have an I-9 signed by his employer when he is hired but I read that a conditional resident cannot use the EAD form. His status is 9, which is pending adjustment--is that the same a 9=pending adjustment? We are currently gathering our information to apply for AOS.

Both of us have be-boggled heads right now from this and from today's lawyer visit. Can anyone make sense of this or verify what our lawyer told us about his being able to work now? Many thanks in advance.

Met - online April 2006

Met - in Person August 2006

Got engaged - July 2007

I129 Filed - February 14, 2008

NOA1 received - February 21, 2008

NOA2 received - March 31, 2008

Rec. at NVA - April 7, 2008

Packet 3 rec. - May 9, 2008

Medical in London - Aug 5, 2008

Interview - Dec. 9, 2008-APPROVED Pending more info.

APPROVED - Dec. 22, 2008

Arrival in USA - Jan. 22, 2009

Marriage - April 11, 2009

Filed for AOS - June 29, 2009

Received Biometrics appt - July 12, 2009

(Biometrics in Boston - August 5, 2009)

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Filed: AOS (apr) Country: Philippines
Timeline
This must have been asked a million times before but when I need it, I can't find it.

The situation is this: We got married last week on a K-1 visa that's good until June. We got him a social security card but it's the kind that stamped VALID FOR WORK ONLY WITH DHS AUTHORIZATION.

His passport isn't stamped with any authorization to work.

Our lawyer today told him that he can work!

I thought he had to apply for an EAD. Also, it says he has to have an I-9 signed by his employer when he is hired but I read that a conditional resident cannot use the EAD form. His status is 9, which is pending adjustment--is that the same a 9=pending adjustment? We are currently gathering our information to apply for AOS.

Both of us have be-boggled heads right now from this and from today's lawyer visit. Can anyone make sense of this or verify what our lawyer told us about his being able to work now? Many thanks in advance.

Regardless of any differences of opinion (which this issue has) ... without specific documentation authorizing work. you are not able to fulfill the I-9 requirement. Without the I-9, no credible employer will hire.

YMMV

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Filed: K-1 Visa Country: United Kingdom
Timeline

Thanks very much for both of your replies. We would never have him working illegally. One more question that you might be able to answer for us is this. Does he qualify for the N-9 Nonimmigrant category, no filing fee?

Again, many thanks if you can help us with this question.

Note on Filing Fee:

If you are in one of the categories noted below, no fee is required.

No fee is required if filing for an initial EAD under one of these categories:

* Refugee, asylee or paroled as a refugee;

* N-8 or N-9 Nonimmigrant;

* Citizen of Micronesia, Marshall Islands, or Palau;

* Granted Withholding of Deportation;

* Deferred Enforced Departure;

* Dependent of certain foreign government or international organization personnel; or,

* Applicant for asylum (applicant filing under special ABC procedures must pay the fee however).

Met - online April 2006

Met - in Person August 2006

Got engaged - July 2007

I129 Filed - February 14, 2008

NOA1 received - February 21, 2008

NOA2 received - March 31, 2008

Rec. at NVA - April 7, 2008

Packet 3 rec. - May 9, 2008

Medical in London - Aug 5, 2008

Interview - Dec. 9, 2008-APPROVED Pending more info.

APPROVED - Dec. 22, 2008

Arrival in USA - Jan. 22, 2009

Marriage - April 11, 2009

Filed for AOS - June 29, 2009

Received Biometrics appt - July 12, 2009

(Biometrics in Boston - August 5, 2009)

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Filed: AOS (apr) Country: Philippines
Timeline
Thanks very much for both of your replies. We would never have him working illegally. One more question that you might be able to answer for us is this. Does he qualify for the N-9 Nonimmigrant category, no filing fee?

Again, many thanks if you can help us with this question.

Note on Filing Fee:

If you are in one of the categories noted below, no fee is required.

No fee is required if filing for an initial EAD under one of these categories:

* Refugee, asylee or paroled as a refugee;

* N-8 or N-9 Nonimmigrant;

* Citizen of Micronesia, Marshall Islands, or Palau;

* Granted Withholding of Deportation;

* Deferred Enforced Departure;

* Dependent of certain foreign government or international organization personnel; or,

* Applicant for asylum (applicant filing under special ABC procedures must pay the fee however).

As a K-1 before I-485 you are A6. As an adjustment applicant you are C9.

Edited by payxibka

YMMV

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Filed: K-1 Visa Country: United Kingdom
Timeline
Thanks very much for both of your replies. We would never have him working illegally. One more question that you might be able to answer for us is this. Does he qualify for the N-9 Nonimmigrant category, no filing fee?

Again, many thanks if you can help us with this question.

Note on Filing Fee:

If you are in one of the categories noted below, no fee is required.

No fee is required if filing for an initial EAD under one of these categories:

* Refugee, asylee or paroled as a refugee;

* N-8 or N-9 Nonimmigrant;

* Citizen of Micronesia, Marshall Islands, or Palau;

* Granted Withholding of Deportation;

* Deferred Enforced Departure;

* Dependent of certain foreign government or international organization personnel; or,

* Applicant for asylum (applicant filing under special ABC procedures must pay the fee however).

As a K-1 before I-485 you are A6. As an adjustment applicant you are C9.

Met - online April 2006

Met - in Person August 2006

Got engaged - July 2007

I129 Filed - February 14, 2008

NOA1 received - February 21, 2008

NOA2 received - March 31, 2008

Rec. at NVA - April 7, 2008

Packet 3 rec. - May 9, 2008

Medical in London - Aug 5, 2008

Interview - Dec. 9, 2008-APPROVED Pending more info.

APPROVED - Dec. 22, 2008

Arrival in USA - Jan. 22, 2009

Marriage - April 11, 2009

Filed for AOS - June 29, 2009

Received Biometrics appt - July 12, 2009

(Biometrics in Boston - August 5, 2009)

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Filed: K-1 Visa Country: United Kingdom
Timeline

As a K-1 before I-485 you are A6. As an adjustment applicant you are C9.

Thank you for that clarification.

Met - online April 2006

Met - in Person August 2006

Got engaged - July 2007

I129 Filed - February 14, 2008

NOA1 received - February 21, 2008

NOA2 received - March 31, 2008

Rec. at NVA - April 7, 2008

Packet 3 rec. - May 9, 2008

Medical in London - Aug 5, 2008

Interview - Dec. 9, 2008-APPROVED Pending more info.

APPROVED - Dec. 22, 2008

Arrival in USA - Jan. 22, 2009

Marriage - April 11, 2009

Filed for AOS - June 29, 2009

Received Biometrics appt - July 12, 2009

(Biometrics in Boston - August 5, 2009)

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