Its been a long long long time.......

[Chica Yeyé 41]

Girl, your husband needs to stop working NOW. As in today. USCIS might (emphasis on might) forgive his overstay, but they are not going to be happy campers about working without an EAD.

[Eric-Pris 1,606]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

[rsn 135]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

[Ellie-and-David 38]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

Thanks for saving me the trouble, I too am sick of this being debated by people who have the stamp and are determined to use it despite the fact that evidence has been provided time and time AND TIME again that it is no longer applicable.

OP - time to get filing. NOW.

[Usui Takumi 1,562]

.......and the OP has run away....good job all that's what we do here at VJ we scare people so they stop using the boards! Mission Accomplished!

Edited October 8, 2009 by lancer1655

[Chica Yeyé 41]

.......and the OP has run away....good job all that's what we do here at VJ we scare people so they stop using the boards! Mission Accomplished!

Chill brother. We don't scare them. But -I at least- do not sugar coat it. Immigration is a pain in the @ss. We all know that. Folks will get straightforward information here. No one chases anyone away... we are not that powerful.

[sandozwalker 0]

Nope, certainly have not ran away or been scared away. Truth is, I am no immigration expert & we certainly were wrong in not spending the adequate time required to learn everything we needed to know ahead of time. I appreciate all of the information from everyone though. The truth of the matter is that we did not know beforehand, if we had things would have been different. We got married & got busy with life and a mortgage and taking care of sick family and none of those things are good enough excuses. I almost always do several searches online & VJ before posting anything, and if I cannot find what I am looking for, I post. I kind of thought that was the point. I get so tired of posting and getting responses that a lot of time just leave me just feeling stupid more than informed. I am glad for those who have so much time to research everything thoroughly and give answers to those of us who have failed at our researching. At the height of my use on VJ I tried to help anyone else that I could with the little experience I had, but I never once went out of my way to make someone feel stupid. I do appreciate those who don't sugar coat it. The truth is the truth and for those of us who don't know everything there is to know, this is an excellent resource to ask questions and get answers.

Genuinely, thank you to everyone for your help. We're going everything we can to make this right.

[Eric-Pris 1,606]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

Thanks for saving me the trouble, I too am sick of this being debated by people who have the stamp and are determined to use it despite the fact that evidence has been provided time and time AND TIME again that it is no longer applicable.

I have yet to be shown this "evidence"...

[Eric-Pris 1,606]

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

That's some ego ya got there. Do you always just tell people with differing opinions that they can't express them in your presence? Nothing is over just because you say it is, I have the right to my opinion, just as you do. You don't have to agree with my opinions, but you can't squash them either chief.

[TracyTN 237]

Guys, who can explain-are K1 holders supposed to file AOS until I-94 expires? what if later?

The reason that you want to file AOS before your I94 expires is because after the I-94 expires your fiance(e) is out of status. What that means is that they become an illegal alien.

The phrase I've always heard about K1ers who have not yet applied for AOS is that they are deemed 'deportable', not so much an 'illegal alien'. Though I guess that's splitting hairs just a bit.

[TayRivers 4]

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

That's some ego ya got there. Do you always just tell people with differing opinions that they can't express them in your presence? Nothing is over just because you say it is, I have the right to my opinion, just as you do. You don't have to agree with my opinions, but you can't squash them either chief.

Eric-Pris please read the pinned thread HERE you are continuing to give incorrect advice with regards to working on a K1 visa.. While you have a right to your opinion you should not be offering advice to other members with out pointing out that THIS IS YOUR OPINION ONLY. Unless you can provide evidence from USCIS that a K1 visa holder does not need a EAD to work..

Tay

VJ Moderation Team

[Chica Yeyé 41]

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

That's some ego ya got there. Do you always just tell people with differing opinions that they can't express them in your presence? Nothing is over just because you say it is, I have the right to my opinion, just as you do. You don't have to agree with my opinions, but you can't squash them either chief.

You can have all the opinions you want; but when it comes to giving immigration advise, you have to adhere to the letter of the law. And that law says you are wrong.

[Kathryn41 3,205]

One can certainly express their opinions, however they need to take care that when they present their opinions as 'factual' that the facts are accurate. Accepting an opinion that is contrary to the known facts can cause serious damage to those who take it as accurate. Even if you do not want to accept a truth that differs from your opinion or how you think things should be, it does not change the truth. The verification that the K-1 entry on an I-94 even with the EAD stamp is not allowed to work is readily available.

Now, the OP entered the US at a time when the employability of a K-1 was not specifically clear and received an employment authorization stamp at the border. He could, quite legitimately, take advantage of the discrepancy in documentation at that time and work UNTIL the expiry date on the I-94. Regardless, nce the I-94 expired after 90 days not only was he no longer legally allowed to be in the US, there was no question that he was not allowed to work - so he has been living and working illegally in the US ever since. Yes, getting the AOS filed and approved asap is important. Once it is approved (not just accepted) then any out of status presence and any illegal employment can be forgiven since he is requesting AOS through marriage to a US citizen. Until then he is at risk.

In February, 2009 (and enforced since April 2009) the I-9 form "Employment Eligibility Verification" was updated and there are very specific requirements that an employee needs to prove he/she is allowed to work legally in the US. The exact documents are spelled out on the List of Acceptable Documents at the end of the instructions and the I-9 form. The applicant needs to have an unexpired document from list A or both an unexpired document from lists B and C - and if the employer is participating in the e-verify (which they are all encouraged to do), the document from list B needs to have a photograph as well.

There are 6 documents on list A none of which a K-1 newly entered to the US will have: US passport or passport card; I-551 card or receipt (green card); foreign passport or machine readable visa that contains a temporary I-551 stamp; EAD form I-766 containing a photograph; a foreign passport with an I-94 authorized to work for a specific employer incident to status as long as status has not expired and employment is not in violation of limitations on the I-9; passport with non-immigrant I-94 admission under the Compact of Free Association between Federated States of Micronesia or Republic of the Marshall Islands.

Items acceptable in List B (one required) are: Driver's License or State ID card containing photograph, height, weight, eye colour, gender and address; Federal or State ID card containing photograph, height, weight, eye colour, gender and address; school ID with photograph; US Military ID card or military dependent ID card; Voter's Registration Card; US Coast Card Merchant Mariner's Card; Native American Tribal Document; Driver's License from a Canadian Province or Territory;

Items acceptable in List C (one required) are: unrestricted SS card; DOS Form FS-545 "Certification of Birth Abroad"; DOS Form DS-1350 "Certification of Report of Birth"; original or certified copy of US birth certificate with seal; Native American Tribal document (can't be used for both B and C); EAD issued by DHS.

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

Lest you think the EAD refers to the stamp in the passport, you are also referred to the M-274 Handbook for Employers. The I-94 employment authorized stamp is only accepted when it is profided with one of the listed visa categories which are identified on page 36. The complete list of the different visas where this is acceptable for employment authorization is provided and the K-1 is definitely not on the list.

http://74.125.113.132/search?q=cache:xdzFv...lient=firefox-a

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

Thanks for saving me the trouble, I too am sick of this being debated by people who have the stamp and are determined to use it despite the fact that evidence has been provided time and time AND TIME again that it is no longer applicable.

I have yet to be shown this "evidence"...

[rsn 135]

One can certainly express their opinions, however they need to take care that when they present their opinions as 'factual' that the facts are accurate. Accepting an opinion that is contrary to the known facts can cause serious damage to those who take it as accurate. Even if you do not want to accept a truth that differs from your opinion or how you think things should be, it does not change the truth. The verification that the K-1 entry on an I-94 even with the EAD stamp is not allowed to work is readily available.

Now, the OP entered the US at a time when the employability of a K-1 was not specifically clear and received an employment authorization stamp at the border. He could, quite legitimately, take advantage of the discrepancy in documentation at that time and work UNTIL the expiry date on the I-94. Regardless, nce the I-94 expired after 90 days not only was he no longer legally allowed to be in the US, there was no question that he was not allowed to work - so he has been living and working illegally in the US ever since. Yes, getting the AOS filed and approved asap is important. Once it is approved (not just accepted) then any out of status presence and any illegal employment can be forgiven since he is requesting AOS through marriage to a US citizen. Until then he is at risk.

In February, 2009 (and enforced since April 2009) the I-9 form "Employment Eligibility Verification" was updated and there are very specific requirements that an employee needs to prove he/she is allowed to work legally in the US. The exact documents are spelled out on the List of Acceptable Documents at the end of the instructions and the I-9 form. The applicant needs to have an unexpired document from list A or both an unexpired document from lists B and C - and if the employer is participating in the e-verify (which they are all encouraged to do), the document from list B needs to have a photograph as well.

There are 6 documents on list A none of which a K-1 newly entered to the US will have: US passport or passport card; I-551 card or receipt (green card); foreign passport or machine readable visa that contains a temporary I-551 stamp; EAD form I-766 containing a photograph; a foreign passport with an I-94 authorized to work for a specific employer incident to status as long as status has not expired and employment is not in violation of limitations on the I-9; passport with non-immigrant I-94 admission under the Compact of Free Association between Federated States of Micronesia or Republic of the Marshall Islands.

Items acceptable in List B (one required) are: Driver's License or State ID card containing photograph, height, weight, eye colour, gender and address; Federal or State ID card containing photograph, height, weight, eye colour, gender and address; school ID with photograph; US Military ID card or military dependent ID card; Voter's Registration Card; US Coast Card Merchant Mariner's Card; Native American Tribal Document; Driver's License from a Canadian Province or Territory;

Items acceptable in List C (one required) are: unrestricted SS card; DOS Form FS-545 "Certification of Birth Abroad"; DOS Form DS-1350 "Certification of Report of Birth"; original or certified copy of US birth certificate with seal; Native American Tribal document (can't be used for both B and C); EAD issued by DHS.

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

Lest you think the EAD refers to the stamp in the passport, you are also referred to the M-274 Handbook for Employers. The I-94 employment authorized stamp is only accepted when it is profided with one of the listed visa categories which are identified on page 36. The complete list of the different visas where this is acceptable for employment authorization is provided and the K-1 is definitely not on the list.

http://74.125.113.132/search?q=cache:xdzFv...lient=firefox-a

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.

Since when?

My god. How many times are you going to argue this point? There are a million threads on this board with loads of information that prove the POE stamp is not sufficient for K1 entrants to work. Quit polluting every thread with your uninformed opinions on this issue. It has been proven, it is over. Get over it.

Thanks for saving me the trouble, I too am sick of this being debated by people who have the stamp and are determined to use it despite the fact that evidence has been provided time and time AND TIME again that it is no longer applicable.

I have yet to be shown this "evidence"...

All of this was explained (to Eric-Pris) many times over in this thread as well and a great deal of detail and proof was involved. It's hard to argue with someone who is unwilling to accept facts that contradict his own opinion.