AOS - Can She Work???

[GShilobod 0]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

[JERIII 8]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

Congraulations.

First, No, she will not be able to work. It usually takes 2-3 months to get the employment authorization document.

Second, you don't go to USCIS to file for AOS and EAD, all the forms have to be filled out and then sent to the central USCIS postal center in Chicago.

[tommys_girl 0]

hi your lucky that she has been able to work. everyone like myself who came through Los Angeles isnt able to work and we have to wait until we have our EAD depending on how soon you file for AOS it can be some time ( i arrived here in april, married in june filed in july and are still waiting) so count your blessing that she was able to work, but when you file she isnt allowed to until she gets her EAD from what i understand i may be wrong but i think thats how it works!! so file asap and it shouldnt be too long of a wait they seem to moving pretty quickly once people file for the AOS. good luck!!

[Eric-Pris 1,606]

If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Once the 90-days are up and I-94 expires, she will have no status in the US. Once you file for AOS, her status changes to "AOS pending". The receipt you get from CIS after you mail in the forms and payment will be your proof of legal status.

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Yes, Somewhat, No.

Yes, many people have been in your situation.

The information they gave you isn't really accurate. It takes 2-3 months to receive EAD, not 4-5. If you guys married and sent out AOS shortly after she arrived here, it's possible that you could have received the EAD before the temporary one expired. But probably nobody told you this.

No, technically she's not legally authorized to work once the temporary EAD expires. It is up to her and her employer as to what she will do. There could be negative repercussions for her and her employer if she gets caught working without authorization.

[GShilobod 0]

If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Once the 90-days are up and I-94 expires, she will have no status in the US. Once you file for AOS, her status changes to "AOS pending". The receipt you get from CIS after you mail in the forms and payment will be your proof of legal status.

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Yes, Somewhat, No.

Yes, many people have been in your situation.

The information they gave you isn't really accurate. It takes 2-3 months to receive EAD, not 4-5. If you guys married and sent out AOS shortly after she arrived here, it's possible that you could have received the EAD before the temporary one expired. But probably nobody told you this.

No, technically she's not legally authorized to work once the temporary EAD expires. It is up to her and her employer as to what she will do. There could be negative repercussions for her and her employer if she gets caught working without authorization.

Thanks for the info! USCIS told me they're currently processing 765's for April 2009. You're right nobody told us the benefit of getting married immediately as far as the EAD goes. However it's my own fault because I usually do pretty good research. It's something I should've caught. It's a shame because she is working a pretty decent commissioned sales job in a retail electronics store and has been doing good. The upcoming holidays were looking very promising...Oh well! I'm glad we don't need the money. It was just something for her to do while she waits out the time to become a Texas resident so she can get cheaper tuition rates for med school.

[payxibka 10,045]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

The local USCIS field offices do NOT accept locally filed I-485's or I-765's... You must prepare and send the associated forms to the National Benefits Center via the Chicago lockbox mailing address.....

Edited September 11, 2009 by payxibka

[Gary and Alla 3,694]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

No, she cannot work until she has an EAD or green card. Going to the local office will be a waste of time. You need to send the AOS to the Chicago lockbox office for processing. You will go to the local office later for your interview.

She was not authorized to work and has been doing so illegally. Hopefully it will not affect your AOS. And it is not "friggin nonsense", YOU applied for a K-1 visa and that is the agreement you made. If you wanted her to work immediately you should have applied for a Cr-1 which allows that.

[Gary and Alla 3,694]

If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Once the 90-days are up and I-94 expires, she will have no status in the US. Once you file for AOS, her status changes to "AOS pending". The receipt you get from CIS after you mail in the forms and payment will be your proof of legal status.

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Yes, Somewhat, No.

Yes, many people have been in your situation.

The information they gave you isn't really accurate. It takes 2-3 months to receive EAD, not 4-5. If you guys married and sent out AOS shortly after she arrived here, it's possible that you could have received the EAD before the temporary one expired. But probably nobody told you this.

No, technically she's not legally authorized to work once the temporary EAD expires. It is up to her and her employer as to what she will do. There could be negative repercussions for her and her employer if she gets caught working without authorization.

Thanks for the info! USCIS told me they're currently processing 765's for April 2009. You're right nobody told us the benefit of getting married immediately as far as the EAD goes. However it's my own fault because I usually do pretty good research. It's something I should've caught. It's a shame because she is working a pretty decent commissioned sales job in a retail electronics store and has been doing good. The upcoming holidays were looking very promising...Oh well! I'm glad we don't need the money. It was just something for her to do while she waits out the time to become a Texas resident so she can get cheaper tuition rates for med school.

It would be to your wife's benefit for you to study the process and her educational opportunities. You are holding her back and allowing her to do illegal things due to your lack of knowledge. You are not clear on what isuues you "usually do pretty good research on" but immigration rules and education funding are not two of them, You chose the wrong visa for one thing, if you wanted her to work, when you get married is not important, the K-1 is NOT and never has been a work visa. The government was vague on that until February and the topic was well covered here on VJ and the question gets answereed several times a week, still.

As far as residency, she has established residency when she arrived. She has a visa showing her legal entry, along with I-94 card and a copy of your DS-156 will show she declared her address in Texas. The university will likely waive their residency requirement of one year when you prove she did not move to Texas to go to school and that YOU have been a resident for more than one year. Also other universities have other residency rules. My wife began her degree program 5 days after arriving becaus eall of that was arranged, cleared, and her enrollment completed BEFORE she arrived and she got a 50% grant from the school scholarship fund the day she walked in (and she wondered why she had to wait 5 days to start!!!! 2 days were a weekend!)

So, stop speaking about "friggin nonsense" when YOU are the best resource your wife has. Get out there are figure it out for her and get her in school and stop working illegally. Hopefully you are a good fellow Texican, can handle the truth, and do what a man needs to do to recover for the benefit of your wife.

Good luck

[Jamaican JNR 2]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

Once the EAD has expired, then you should not work; It could adversely affect your case.

[thepizzadude 26]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

Which initial EAD are you speaking of...there is no initial EAD. She has been working illegally.

[Gary and Alla 3,694]

Tomorrow my fiance and I will finally be married. On Monday we will go to USCIS here in San Antonio to file for Adjustment of Status and Authorization to Work. During her 3 month Visa she found a job and has been working however from what USCIS just told me she won't be able to work after her initial EAD expires and that it will take 4 to 5 months before she receives her new EAD document. So basically, she will have to stop working until she receives her new EAD.

What kind of friggin nonsense is that???? If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Thanks in advance!

George

Which initial EAD are you speaking of...there is no initial EAD. She has been working illegally.

Dammit...that's a BIG pizza, dude! Let's see...Pi r2...yikes!

[GShilobod 0]

If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Once the 90-days are up and I-94 expires, she will have no status in the US. Once you file for AOS, her status changes to "AOS pending". The receipt you get from CIS after you mail in the forms and payment will be your proof of legal status.

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Yes, Somewhat, No.

Yes, many people have been in your situation.

The information they gave you isn't really accurate. It takes 2-3 months to receive EAD, not 4-5. If you guys married and sent out AOS shortly after she arrived here, it's possible that you could have received the EAD before the temporary one expired. But probably nobody told you this.

No, technically she's not legally authorized to work once the temporary EAD expires. It is up to her and her employer as to what she will do. There could be negative repercussions for her and her employer if she gets caught working without authorization.

Thanks for the info! USCIS told me they're currently processing 765's for April 2009. You're right nobody told us the benefit of getting married immediately as far as the EAD goes. However it's my own fault because I usually do pretty good research. It's something I should've caught. It's a shame because she is working a pretty decent commissioned sales job in a retail electronics store and has been doing good. The upcoming holidays were looking very promising...Oh well! I'm glad we don't need the money. It was just something for her to do while she waits out the time to become a Texas resident so she can get cheaper tuition rates for med school.

It would be to your wife's benefit for you to study the process and her educational opportunities. You are holding her back and allowing her to do illegal things due to your lack of knowledge. You are not clear on what isuues you "usually do pretty good research on" but immigration rules and education funding are not two of them, You chose the wrong visa for one thing, if you wanted her to work, when you get married is not important, the K-1 is NOT and never has been a work visa. The government was vague on that until February and the topic was well covered here on VJ and the question gets answereed several times a week, still.

As far as residency, she has established residency when she arrived. She has a visa showing her legal entry, along with I-94 card and a copy of your DS-156 will show she declared her address in Texas. The university will likely waive their residency requirement of one year when you prove she did not move to Texas to go to school and that YOU have been a resident for more than one year. Also other universities have other residency rules. My wife began her degree program 5 days after arriving becaus eall of that was arranged, cleared, and her enrollment completed BEFORE she arrived and she got a 50% grant from the school scholarship fund the day she walked in (and she wondered why she had to wait 5 days to start!!!! 2 days were a weekend!)

So, stop speaking about "friggin nonsense" when YOU are the best resource your wife has. Get out there are figure it out for her and get her in school and stop working illegally. Hopefully you are a good fellow Texican, can handle the truth, and do what a man needs to do to recover for the benefit of your wife.

Good luck

Gary and Alla,

First of all she isn't doing anything illegal so check yourself on that buddy! You have a lot of nerve assuming we chose the wrong visa! The purpose of her coming here was to be with me and to get married. Hence the K1 visa. Vera IS Authorized to work because she has a valid I-94 (EAD) along with her visa. Do I need to scan the I94 in for you to believe me??? It's true the K1 has never been a work visa. It wasn't in 1992 when I applied for my previous wife and I knew that then. The government has never been vague, as you claim, on that. That's why it's called a Fiance Visa. However, you CAN work on a K1 visa and if YOU did your research you will find on this VJ:

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

5.2)...What happens when we get off the plane?

A..You will queue up with all the others going through Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped,

you will have the I-94 form (the white I-94) put in it (do not lose this!), you might get a 90 day work authorization or

EAD

Employment Authorization Document (see note). In early 2001, it was becoming increasingly uncommon to obtain any work authorization at a POE. As of Dec 2003 the only airport that still (and rarely) issues Work stamps is JFK.

and here:

http://www.visajourney.com/faq/k1k2visa-enter.html#5.2

At the Airport. As a K-1 Visa Holder you may receive a temporary

EAD

at the Point of Entry (POE). This has however become very uncommon and the only known POE that (and not always) issues these is JFK International Airport. If they do issue you a temporary

EAD

it will expire on the date that your K-1 expires (90 days from entry on your K-1).

Notice it says that some ports of entry issue temporary EADs??? Also notice the date is current as of 2003. VJ isn't USCIS so not all of it's info is always current but for the most part they're dead on. In 2009 ATL is another port of entry that also issues the temporary EADs. IF YOU READ the reviews on the ports of entry you will have seen this. In addition we went by the local USCIS today (We pass it everyday on our way to work so it's not a waste of time. It's just like stopping by the grocery store. It took all of 15 minutes.) The immigration officer looked at her VALID I-94 which authorizes her to work and said she is not eligible to work when it expires with her initial K1 visa and she'll have to wait until she gets a new EAD to start working again. Then he went so far as to say it's really up to the employer...which is exactly what USCIS told me on the phone. So I do my Immigration research by reading what's on VJ then I back it up with research at USCIS. So she is not working illegally as you presumed. I do know how the process works. Do some more research on a K1 visa. Check your facts before you reply as if you know what you're talking about. K1 visa holders are eligible to work LEGALLY immediately if they received an I94 at point of entry.

Secondly, I'm not holding her back. She chose to work when she didn't have to. There is another presumption you made that was wrong. Vera already has a BS in Chemistry. UTSA Med School told us she would have to be here a year to establish Texas residency. That's not me assuming. That's from the horse's mouth. Each school is different with their rules on residency. I'll look into it more and Vera will too but since she told me she wanted to work for a little while before going back to school we haven't yet.

I've worked for the government for the past 23 years and I'm very familiar with how bureaucracy works. My point in saying it is "friggin nonsense" was that if she already has valid authorization to work...and she DOES...then it makes no sense there is not some sort of system set up to where if a K1 visa holder that is working already can get a temporary extension of the EAD that was given to him/her at the point of entry when they apply for AOS and a new EAD. Otherwise why issue the EAD at point of entry to begin with??? The government doesn't always use common sense. I was venting in using "friggin nonsense" (cause it is) and if I offended you then I'm sorry. However you act as if I signed a contract and have an agreement with the government. You're wrong. I applied for immigration for my fiance in which there are rules to follow. Even though we're not breaking any of those rules because, again, she IS AUTHORIZED to work, I don't have to AGREE with all of them. When her visa expires in two days she will stop working until her new EAD arrives. To remind you, that is HER choice.

You made a lot of assumptions regarding our personal lives that I don't appreciate. My original post was to see if anyone else knew something I didn't. I stated what the rules were in my first paragraph and expressed my displeasure with them in the second. I didn't ask you for your opinion on our personal life (work vs school, Am I holding her holding her back, Is she working illegally) so you should've kept quiet or if you were that interested in my post, research the correct info before replying.

George

[Chica Yeyé 41]

An I-94 is not an EAD. At all. Never has been, never will be. An I-94 is proof of entry and visa activation, indicating when your welcome to the US expires. That's that.

K-1 visas are not allowed to work upon entry. Simple as pie. After marriage, you pply for AOS + EAD + AP, and when you get the EAD then you can work legally. whatever you do before that is illegal.

You might want to deepen your "research" to comply with form I-9, employment eligibility authorization; which any self respecting employer has to run by each potential hire. There you will NOT see an I-94 listed. why??? Bingo! Because it is not an employment authorization document.

You don't have to like it, but you do have to follow the rules. we all have to.

[GShilobod 0]

If we go and file for AOS, which authorizes her to stay here pending their decision AND we file for EAD at the same time shouldn't that allow her to keep working???

Once the 90-days are up and I-94 expires, she will have no status in the US. Once you file for AOS, her status changes to "AOS pending". The receipt you get from CIS after you mail in the forms and payment will be your proof of legal status.

Has anyone else experienced this? Was I given bad information? Is she able to continue to work?

Yes, Somewhat, No.

Yes, many people have been in your situation.

The information they gave you isn't really accurate. It takes 2-3 months to receive EAD, not 4-5. If you guys married and sent out AOS shortly after she arrived here, it's possible that you could have received the EAD before the temporary one expired. But probably nobody told you this.

No, technically she's not legally authorized to work once the temporary EAD expires. It is up to her and her employer as to what she will do. There could be negative repercussions for her and her employer if she gets caught working without authorization.

Thanks for the info! USCIS told me they're currently processing 765's for April 2009. You're right nobody told us the benefit of getting married immediately as far as the EAD goes. However it's my own fault because I usually do pretty good research. It's something I should've caught. It's a shame because she is working a pretty decent commissioned sales job in a retail electronics store and has been doing good. The upcoming holidays were looking very promising...Oh well! I'm glad we don't need the money. It was just something for her to do while she waits out the time to become a Texas resident so she can get cheaper tuition rates for med school.

It would be to your wife's benefit for you to study the process and her educational opportunities. You are holding her back and allowing her to do illegal things due to your lack of knowledge. You are not clear on what isuues you "usually do pretty good research on" but immigration rules and education funding are not two of them, You chose the wrong visa for one thing, if you wanted her to work, when you get married is not important, the K-1 is NOT and never has been a work visa. The government was vague on that until February and the topic was well covered here on VJ and the question gets answereed several times a week, still.

As far as residency, she has established residency when she arrived. She has a visa showing her legal entry, along with I-94 card and a copy of your DS-156 will show she declared her address in Texas. The university will likely waive their residency requirement of one year when you prove she did not move to Texas to go to school and that YOU have been a resident for more than one year. Also other universities have other residency rules. My wife began her degree program 5 days after arriving becaus eall of that was arranged, cleared, and her enrollment completed BEFORE she arrived and she got a 50% grant from the school scholarship fund the day she walked in (and she wondered why she had to wait 5 days to start!!!! 2 days were a weekend!)

So, stop speaking about "friggin nonsense" when YOU are the best resource your wife has. Get out there are figure it out for her and get her in school and stop working illegally. Hopefully you are a good fellow Texican, can handle the truth, and do what a man needs to do to recover for the benefit of your wife.

Good luck

I just noticed on your timeline you listed your wife as receiving her EAD at port of entry and yet you tell me mine is working illegally???? You said, "You are not clear on what isuues you "usually do pretty good research on" but immigration rules and education funding are not two of them,"....Did you even know what an EAD was at the time you filed out your timeline on VJ??? It authorizes her to work immediately and that is what mine did.

[Chica Yeyé 41]

For crying out loud. you'd rather be right than be legal, eh?

EAD's used to be stamped on entry only at JFK airport, not anymore. And even back then, they were NOT to be confused with the I-94.

Seriously, no one here has any vested interest in the outcome of your spouse's AOS but you and her. So relax and listen. Or ignore, and face the music. Your pick, really.