EADs and Shotgun weddings

[mspain 1]

This is like 3 or 4 related questions all jumbled in together, so bear with me...

My fiance has been laid off from work for several months in Spain and is incredibly frustrated that he cannot work now. He wants to leave Spain and look for work in Northern Europe where the economy is better, but I´ve been telling him to hold on till we get this visa then he´ll be able to work here. Up till now, I was thinking he would get a temporary EAD from a POE at JFK (as per the K-1 flowchart), but I recently read that this is no longer possible. My fiance wants and needs to work. Please tell me you still can get temporary EADs to work for 90 days!!!

Ok if not, here´s the next move... marry, file for AOS/EAD, and wait 3 months for him to work. Is this our only option?

Also I looked at my state´s requirements for applying for a marriage license, and you must have a driver´s license or state issued ID (will passport work?) and a SSN. When he checks the box on the DS-230 for the K-1, does that mean he will get a SSN any quicker than he would if he applied for it once here? Do we need to do anything for the SSN if we check the box or will that just come in the mail? When?

We were hoping to marry the day after he got here (we´re trying to wait! ) Does anyone know of any way to marry quickly with a K-1? They only give us 90 days so why don´t they let us get married the first week of entry? Give me a break. We are just ready to get on with our lives....

Thanks in advance for all the answers!!!

[Danu 19]

As far as I know they don't give them out anymore. You can apply for an EAD before AOS, but its a waste of time and money as it expires with the I-94 and usually doesn't get to you until a week before it expires (if at all). Best way is to get married and file everything ASAP. My EAD was approved in 2 months, most are averaging 2-3 months, so not too bad.

You can get married right away, except for the fact your state needs a SSN (does it need it for both ppl or just one?). We got married 10 days after getting here, applied for my SSN day 11. The reason it takes time is because the POE (JFK) needs to send your package and the info they do when he comes into the country to USCIS to be logged so that the SSN people can find it. For a K1 the checkbox on the DS-230 means nothing. You will have to go down and apply in person.

The biggest thing about the whole process is one you should already know...everything takes time. Its worth it in the end but you are going to have to be a bit patient as theres no real way to speed anything up.

Edited May 20, 2010 by Danu

[trillium13 84]

Don't know where you are in Louisiana, but you don't need a SS# to get married in Texas.

All my husband had to show was his passport. There is a 3 day waiting period after getting the license.

Edited May 20, 2010 by trillium13

[Rito 28]

Also I looked at my state´s requirements for applying for a marriage license, and you must have a driver´s license or state issued ID (will passport work?) and a SSN.

Don't need one in Vegas.

[Hell0W0rld 10]

you'll have to wait for the EAD card, you have 90 days to marry, you can marry the first min you arrived in to the states, not every state require ID or SS#, if yours does then marry somewhere else, google the next nearest location and marry, in my opinion the economy is still pretty bad, I hope your man know that it might be difficult to find a job on the first, second or third try... Good Luck with this...

[VanessaTony 3,567]

Question 1: Up till now, I was thinking he would get a temporary EAD from a POE at JFK (as per the K-1 flowchart), but I recently read that this is no longer possible. My fiance wants and needs to work. Please tell me you still can get temporary EADs to work for 90 days!!!

Question 2:Ok if not, here´s the next move... marry, file for AOS/EAD, and wait 3 months for him to work. Is this our only option?

Also I looked at my state´s requirements for applying for a marriage license, and you must have a driver´s license or state issued ID (will passport work?) and a SSN.

Question 3:When he checks the box on the DS-230 for the K-1, does that mean he will get a SSN any quicker than he would if he applied for it once here?

Question 4:Do we need to do anything for the SSN if we check the box or will that just come in the mail? When?

We were hoping to marry the day after he got here (we´re trying to wait! )

Question 5:Does anyone know of any way to marry quickly with a K-1?

Question 6:They only give us 90 days so why don´t they let us get married the first week of entry?

1. Nope sorry. Some POE's might give him the stamp but it doesn't make it valid for him to work. They give it out incorrectly. (there was a thread about it recently but I can't remember specifics except "nope can't work using it"

2. Preeetty much. Sorry.

3. No. Because he's only supposed to fill in ds-230 (part 1), part 2 isn't for him and he doesn't complete it.

4. Wont come in the mail. You'll have to go in person to a SSA. Might take a while for him to be "logged on the system"

5. Court house is the only way I know

6. You can. If you're in a state where there's no waiting period then you can get married the first day he arrives.

Also, please give your state office a call about the SSN. My state (Iowa) SAID on their website that I needed a SSN but it turned out it hadn't been updated in ages and I just needed to take my passport (I also took my birth certificate just in case). He might not need a SSN. If you get this clarification, make sure you note the name of the person you spoke to "just in case".

Best of luck.

[belinda63 3,038]

I would call the Parrish clerk about the marriage license. In Kentucky they just entered a "dummy" social security number for him. Or better look at getting married in another state, some have no waiting period, for example in Kentucky you can get the license and be married all within an hour if you plan it right. Also ask about taking the marriage papers to the clerk yourself, this is what we did and we had the "sealed" certificate that day.

Have all the AOS paperwork filled out as much as you can prior to him arriving so it can be mailed as soon as you obtain the marriage certificate. Go the social security office about one week after he arrives and have him apply for the number, it takes a little while for him to show in the system, and start working on getting him his driver's license.

There are certain things we can't speed up but the sooner it is done the better.

[Rebecca Jo 1,962]

Call about the requirement of a SS number for marriage. There is almost always a way around it.

[Nich-Nick 3,354]

Agree about calling your local parish courthouse and asking the person who issues the marriage license your questions. Every state is different, so VJ won't be able to give you a better answer than the state where you want to marry. My Texas county courthouse website listed social security number as a requirement. When I called and asked, I was told if the person has a SSN, they must provide the number. In our case she said only the passport as proof of ID would be needed. Calling will allow you to mention the specifics of your case since you are marrying a person from another country.

[Naijabound 1]

My fiance arrived March 24th 2010 at JFK airport's port of entry and he was given a temporary EAD stamp.

[LIFE'SJOURNEY 970]

My fiance arrived March 24th 2010 at JFK airport's port of entry and he was given a temporary EAD stamp.

Well take this temporary EAD stamp and try to get employment. Please look at the content of what the temp stamp actual mean. This temp doesn't give you the right to work.

[LIFE'SJOURNEY 970]

Well, this temporary EAD stamp cannot be used to get employment. Please look at the content of what the temp stamp actual mean. This temp doesn't give you the right to work.

[HeatDeath 430]

Well take this temporary EAD stamp and try to get employment.

Actually, don't do this.

LIFE'SJOURNEY is completely correct - the stamp is NOT valid work authorization unless you've arrived on a work visa that mentions a specific employer on the visa itself. Your K-1 visa mentions your USC fiance/e, but no employer. So the stamp doesn't apply.

The danger with trying to work with the stamp is that the employer might actually let you.

I wouldn't trust an average not-particularly-interested-in-immigration employer to realize that that stamp is not work authorization. They might hire you thinking it's ok, run your name through E-VERIFY, and then <bing!>, you've got a hit for trying to work without authorization. Or worse, they might not try E-VERIFY. Then you are working without authorization. Bad place to be if they ask you about it during your AOS interview.

Don't just take our word for it: read the language on the I-9 form about what documents are proof of employment authorization. The bit about the stamp has some weird wording that amounts to what I said above - the stamp is only good if you have a work visa that names a specific employer. It doesn't help K-1 holders at all.

Edited May 20, 2010 by HeatDeath

[TheBears 9]

Don't know where you are in Louisiana, but you don't need a SS# to get married in Texas.

All my husband had to show was his passport. There is a 3 day waiting period after getting the license.

That's what I thought as I read this.

A nice weekend trip to Houston, OP? License on Thursday. Wedding on Monday morning. AOS/EAD Packets sent Monday afternoon.