EAD denied due to trying to gain employment beyond i-94 date?

[desert_fox 32]

ok a-hole. good answer. you are not required to file AOS and EAD at the same time. And for your information skippy, we didn't have the money at the same time ok?? understand?

good answer and the correct answer...dont have the money??..that sucks..but part of bringing your SO here is to be responsible and take the necessary actions to ensure that you will have a life together. Didnt file for AOS...your decision and now you know the consequences...thats the way it is. You can file at the same time or wait until you receive the receipt from the I-485.

The earlier that you file the earlier that you will receive the EAD.

Call me what you wish,,,but you guys caused you own problems...maybe you can blame it on Geo Bush

[desert_fox 32]

OH boy..... you have made a mistake in filing for EAD based on her K1.... you should have filed for AOS and EAD together.... You need to file a new application for EAD based on her AOS not on her K1...

The temp EAD she got at JFK is only valid for 90 days and can not be renewed or extended... and she has to stop working and wait for her 1 year EAD that is filed for with the AOS or in your case after filing for AOS... This is one of the reasons why it is a waste of time getting the temp EAD and starting to work....

Kezzie

especially filing in the first place when you didnt need to file for EAD, as she had the work stamp in her passport. They only had to get married and file for another EAD so that there would be no interruptin in her job.

Oh well....not my problem

[newbie2k6 0]

newbie,

Your wife filed her application for an EAD on the basis of being a K1 (category a6). Her K1 status expires 90 days after entry, at which time her eligibility for an EAD as a K1 expires as well. So an application based on K1 status filed late in the K1 period is going to be denied.

Your wife is now an adjustment applicant, category c9 for EA. She needs to file an I-765 on that basis.

She does not necessarily have to stop working unless her employer tells her to. It's the employer's responsibility to keep track of her EA status. You and she may feel morally obligated to fulfill the employer's responsibility for them, but that's your choice to make.

Yodrak

Thank you for the intelligent answer! We made an infopass appt for this tuesday and hopefully can straighten it out then.

We definitely want to do the right thing morally and don't want to take any chance at all of her working possibly illegally. So it looks like we'll have to file EAD again and pay the fee. We're praying that on Tuesday they can issue us an EAD since we had been waiting for almost 90 days anyway but we're not getting our hopes up...

Thanks for the advice Yodrak...

[Kez/JWolf 6]

Thank you for the intelligent answer! We made an infopass appt for this tuesday and hopefully can straighten it out then.

We definitely want to do the right thing morally and don't want to take any chance at all of her working possibly illegally. So it looks like we'll have to file EAD again and pay the fee. We're praying that on Tuesday they can issue us an EAD since we had been waiting for almost 90 days anyway but we're not getting our hopes up...

Thanks for the advice Yodrak...

Now I am more confused... you say you will have to file for a new EAD.... but then go on to say you have been waiting 90 days... you wont get a EAD at infopass unless it is more than 90 days since you filed for EAD... it does not matter how long ago you filed for AOS...

Good Luck

Kezzie

[frndly1 1]

I applaud you for your comment. I don't understand why this happens. Both parties should make sure they have the money before even coming here in my opinion. You know that this needs to be done and then get upset when things dont go the way one expects. (General comment not directed at anyone)

I am always surprised about the excuse "lack of money." The fees are published on several websites. So it should be possible to plan that far ahead that you have enough money to file for the papers early enough and at the same time.

Newbie you are correct but you have to apply for AOS before EAD or file them together. The work authorization from the airport is not an EAD.

quote name='newbie2k6' date='Aug 10 2006, 10:32 PM' post='371402']

After that you have 90 days to get married and - to prevent to be out of status - to file the necessary papers.

I'm sorry stinger but you do not have to file for AOS within 90 days of entry. You are wrong about this.

[Yodrak 7]

frndly,

If you are referring to the stamp placed on the I-94 at a few POEs - yes it is an EAD. Valid for 90 days.

Or perhaps it would be more accurate to say that the I-94 carrying the stamp is an EAD.

Yodrak

...

Newbie you are correct but you have to apply for AOS before EAD or file them together. The work authorization from the airport is not an EAD.

After that you have 90 days to get married and - to prevent to be out of status - to file the necessary papers.

I'm sorry stinger but you do not have to file for AOS within 90 days of entry. You are wrong about this.

Edited August 11, 2006 by Yodrak

[Boiler 45,486]

We definitely want to do the right thing morally and don't want to take any chance at all of her working possibly illegally. So it looks like we'll have to file EAD again and pay the fee. We're praying that on Tuesday they can issue us an EAD since we had been waiting for almost 90 days anyway but we're not getting our hopes up...

If they issue an EAD you will be breaking new ground, never seen that happen.

Seems like you asked a question, were given the correct answer, not to your taste.

No need to shoot the messengers.

[meauxna 15]

After that you have 90 days to get married and - to prevent to be out of status - to file the necessary papers.

I'm sorry stinger but you do not have to file for AOS within 90 days of entry. You are wrong about this.

newbie, that is not correct.

Or rather, it is not correct if someone wants to stay inside the rules. After 90 days, the K-1 has no legal status in the US until the I-485 is accepted. That event is commonly called "filing for AOS".