AOS - Can She Work???

[GShilobod 0]

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.

My bad I referred to it as I94 because on the back of the I-94 card that is in her passport it says, "You are authorized to stay in the US and WORK only until the date that is written on this form." In addition, we went to USCIS today. THEY checked her passport docs. Don't you think they would've told us that she was working illegally????? They didn't, they told us she will have to stop working on the expiration date, which 16 Sep 2009, and she will. READ carefully my post before you reply. We're not doing anything illegal nor do we intend to. I'm just repsonding to you and one other that are giving wrong information along with making personal remarks.

Let me repeat this so you fully understand, an Immigration officer, physically held her passport, looked inside, looked at the I-94 and told us she can only work until 16 Sep 2009. So if she was working illegally why would he say that and why on earth would we go to USCIS??? Use your head please!

Your pie is convoluted. Please do some more research yourself. A K1 visa CAN work immediately IF they're given a temp EAD at point of entry. ATL issues EADs as of June 2009. My wife has one to prove it! So basically you're calling me a liar. She filled out an I-9 when she started work. She works for Conn's Appliances so it isn't a company I would think is not self respecting. www.conns.com I made my original post because I thought there may be some sort of temp authorization that would allow her to continue to work but I couldn't find any info on it at USCIS. That's it! I didn't accuse anyone of having interest in the outcome of my spouse's AOS. YOU and one other person started shouting the illegal issues (which is incorrect) and the other person made some other uneccessary comments that I didn't particular care for. Everyone else that replied were nice and didn't make any snide remarks or say jack about working illegally. USCIS basically told me it falls on the employer so don't you think her employer checked her docs before she started working or are you assuming they didn't????

You also missed my point. If they give temp EADs at point of entry, AND THEY DO depending on where you enter, then one would tend to think there would be something that would allow them to continue to work while they wait for AOS and EAD. That's all my first post was about. Come to find out there isn't. Do I need to scan her docs in to prove to all you jokers that EADS are still issued at POE???? Gee man! I just asked a simple question. Why is everyone making snide remarks???

Show me proof that EADs are no longer issued at POE's instead of just saying it.

[TayRivers 4]

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.

My bad I referred to it as I94 because on the back of the I-94 card that is in her passport it says, "You are authorized to stay in the US and WORK only until the date that is written on this form." In addition, we went to USCIS today. THEY checked her passport docs. Don't you think they would've told us that she was working illegally????? They didn't, they told us she will have to stop working on the expiration date, which 16 Sep 2009, and she will. READ carefully my post before you reply. We're not doing anything illegal nor do we intend to. I'm just repsonding to you and one other that are giving wrong information along with making personal remarks.

Let me repeat this so you fully understand, an Immigration officer, physically held her passport, looked inside, looked at the I-94 and told us she can only work until 16 Sep 2009. So if she was working illegally why would he say that and why on earth would we go to USCIS??? Use your head please!

Your pie is convoluted. Please do some more research yourself. A K1 visa CAN work immediately IF they're given a temp EAD at point of entry. ATL issues EADs as of June 2009. My wife has one to prove it! So basically you're calling me a liar. She filled out an I-9 when she started work. She works for Conn's Appliances so it isn't a company I would think is not self respecting. www.conns.com I made my original post because I thought there may be some sort of temp authorization that would allow her to continue to work but I couldn't find any info on it at USCIS. That's it! I didn't accuse anyone of having interest in the outcome of my spouse's AOS. YOU and one other person started shouting the illegal issues (which is incorrect) and the other person made some other uneccessary comments that I didn't particular care for. Everyone else that replied were nice and didn't make any snide remarks or say jack about working illegally. USCIS basically told me it falls on the employer so don't you think her employer checked her docs before she started working or are you assuming they didn't????

You also missed my point. If they give temp EADs at point of entry, AND THEY DO depending on where you enter, then one would tend to think there would be something that would allow them to continue to work while they wait for AOS and EAD. That's all my first post was about. Come to find out there isn't. Do I need to scan her docs in to prove to all you jokers that EADS are still issued at POE???? Gee man! I just asked a simple question. Why is everyone making snide remarks???

Show me proof that EADs are no longer issued at POE's instead of just saying it.

It would not be the first time that a immigration officer has given wrong information. I hope you got this officers name and a written statement saying your wife is allowed to work.

You need to look at the information available for the completion of form I-9 it used to be that the temp EAD stamp that was given at JFK was acceptable proof for the I-9 form to show you were allowed to work.

In April 2009 the I-9 form was revised and the K1 visa even with a temp EAD stamp is no longer acceptable proof of employment authorization.

The Temp EAD stamp is still given at JFK but for a K1 visa holder it no longer allows them to work. There are many threads on VJ that give links to the immigration law and guidance with regard to K1 Visas and the I-9 form. if the employer had used the E-Verify system then the employment authorization would not of be verified, This has happened a few time in my HR department since april.

As a immidiate relative of a USC your spouse would be forgiven any un-authorized employment at the time of the AOS interview. The employer on the other hand would not be forgiven for employing a unauthorized person.

Please stop with the personal attacks as they do nothing to answer the questions that have been raised.

Tay

[scandal 951]

Please stop with the personal attacks as they do nothing to answer the questions that have been raised.

Tay

Oh really?

What I see here is a lively discussion, staying pretty close and factually to the topic at hand.

Yes, suggestions about the legality/illegality of a course of action. And even a spirited defense of "don't call me a liar".

Not a challenge of "you are a liar", mind you - simply a defensive posture of not wishing to be called such.

Tay --- I CHALLENGE YOU to point out a "personal attack" here.

Mod action gone wild, yet again. This place is for the birds.

Humph.

[Kathryn41 3,205]

Scandal, Your challenge is NOT acceptable. If you have an issue with a moderator do NOT bring it up in the post involved. This is hijacking a thread and definitely counter productive to the OPs request. Please follow proper protocol and discuss the matter with Captain Ewok. For the record, this is the Upper Forums - not OT. The tone of the comments were definitely inappropriate for the Upper Forums. Regardless, a moderator issued a warning to the participants to stop the personal attacks. Your response definitely qualifies as a personal attack. I am issuing you the same warning. Do not continue this line of discussion in this forum.

Edited September 15, 2009 by Kathryn41

[thepizzadude 26]

If you look at a copy of the I-9 you will find out that YOU cannot supply the required documentation to satisfy it requirements to be eligible for work at any time before you get DHS authorization which is the EAD.

You said you have worked for the government for 20 some odd years, then I am sure you have heard the "right hand doesn't know what the left hand is doing".

There is much information on the internet that states a K1 recipient can work immediately upon arriving in the US, but most is outdated because the information has been confirmed as of Feb/March of this year.

Believe me I went around and around about this issue and it has been proven there is no way you can satisfy the I-9 requirements.

Are immigration officers not trained well and sometimes they tell you something incorrect? I say yes.

Are companies doing things incorrectly when it comes to the requirements of the federal government knowingly and unknowingly? I say yes.

Sorry but you will find out you are incorrect, and it is only the fault of the immigration system not being ran in a more efficient way.

Apparently you have a SS Card for your wife, does it say you need DHS authorization to work? This means EAD, and they will remove that stamp when you have it. But you will notice even though you got the SS Card when you thought you were authorized to work, it still had the stamp on the SS Card.

http://www.uscis.gov/files/form/i-9.pdf

Pay close attention to List C...you need one of the 8 items and the 2 you need to be concerned with are #1 and #8.

[I AM NOT THAT GUY 5,715]

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.

My bad I referred to it as I94 because on the back of the I-94 card that is in her passport it says, "You are authorized to stay in the US and WORK only until the date that is written on this form." In addition, we went to USCIS today. THEY checked her passport docs. Don't you think they would've told us that she was working illegally????? They didn't, they told us she will have to stop working on the expiration date, which 16 Sep 2009, and she will. READ carefully my post before you reply. We're not doing anything illegal nor do we intend to. I'm just repsonding to you and one other that are giving wrong information along with making personal remarks.

Let me repeat this so you fully understand, an Immigration officer, physically held her passport, looked inside, looked at the I-94 and told us she can only work until 16 Sep 2009. So if she was working illegally why would he say that and why on earth would we go to USCIS??? Use your head please!

Your pie is convoluted. Please do some more research yourself. A K1 visa CAN work immediately IF they're given a temp EAD at point of entry. ATL issues EADs as of June 2009. My wife has one to prove it! So basically you're calling me a liar. She filled out an I-9 when she started work. She works for Conn's Appliances so it isn't a company I would think is not self respecting. www.conns.com I made my original post because I thought there may be some sort of temp authorization that would allow her to continue to work but I couldn't find any info on it at USCIS. That's it! I didn't accuse anyone of having interest in the outcome of my spouse's AOS. YOU and one other person started shouting the illegal issues (which is incorrect) and the other person made some other uneccessary comments that I didn't particular care for. Everyone else that replied were nice and didn't make any snide remarks or say jack about working illegally. USCIS basically told me it falls on the employer so don't you think her employer checked her docs before she started working or are you assuming they didn't????

You also missed my point. If they give temp EADs at point of entry, AND THEY DO depending on where you enter, then one would tend to think there would be something that would allow them to continue to work while they wait for AOS and EAD. That's all my first post was about. Come to find out there isn't. Do I need to scan her docs in to prove to all you jokers that EADS are still issued at POE???? Gee man! I just asked a simple question. Why is everyone making snide remarks???

Show me proof that EADs are no longer issued at POE's instead of just saying it.

The I-9 protects the employer. The document in and of itself does not determine the eligibility of the employee to work. The employee has the choice to show the employer whatever documents he wishes to satisfy the requirements. The employer cannot, by law, require any additional documents, without incurring a possible discrimination action. Without E-Verify, the employer has no way to verify whether an employee is eligible to work.

[tommys_girl 0]

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.

It depends on where you enter the USA, if you enter at JFK they can give you a temp EAD which will expire at the 90 days after you landed in the USA

[TayRivers 4]

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.

It depends on where you enter the USA, if you enter at JFK they can give you a temp EAD which will expire at the 90 days after you landed in the USA

The EAD stamp that is given at JFK does not satisfy the requirements for the I-9 form. For a K1 visa holder to be authorized to work before applying for AOS they would have to apply for a EAD using code A6 on the I-765 and pay the fee $340.00. The EAD would be valid for 90 days from the date of entry into the USA.

The reason most people dont bother with applying for a EAD on a K1 is because it can take 90 days to get the EAD, so it would be expired before you even got it.

Please read the employers instruction mannual for the I-765, you will see that a I-94 with a temp EAD is only valid if your visa is for employment and it states a specific employer.

A K1 visa is not listed anywhere.

[mawilson 2,133]

Scandal, Your challenge is NOT acceptable. If you have an issue with a moderator do NOT bring it up in the post involved. This is hijacking a thread and definitely counter productive to the OPs request. Please follow proper protocol and discuss the matter with Captain Ewok. For the record, this is the Upper Forums - not OT. The tone of the comments were definitely inappropriate for the Upper Forums. Regardless, a moderator issued a warning to the participants to stop the personal attacks. Your response definitely qualifies as a personal attack. I am issuing you the same warning. Do not continue this line of discussion in this forum.

Don't bait.