POE at JFK

[wagonmaker 7]

Is JFK airport immigration open all night? Flight is scheduled to arrive at 3 AM - will there be all of the proper personnel on duty to process the visa and whatever is needed for a K-1 visa holder's entry, and maybe give the work stamp? Any sense of how long this would take in the middle of the night so pick-up plans can be made? Thanks (sorry - posted this in wrong place earlier)

[Anh map 2,098]

Yes there will be personnel there to process all incoming passengers.

The "work stamp" doesn't work anymore. That loophole has been effectively closed. For work authorization, the EAD is filed for along with the Adjustment of Status.

[wagonmaker 7]

Yes there will be personnel there to process all incoming passengers.

The "work stamp" doesn't work anymore. That loophole has been effectively closed. For work authorization, the EAD is filed for along with the Adjustment of Status.

Thanks - I figured that must be the case! Yes, I've been reading that the work stamp is no longer working, but we heard we should try to get it anyway as it might reassure potential short-term employers while EAD is being processed. ANy thoughts?

[Gary and Alla 3,694]

Is JFK airport immigration open all night? Flight is scheduled to arrive at 3 AM - will there be all of the proper personnel on duty to process the visa and whatever is needed for a K-1 visa holder's entry, and maybe give the work stamp? Any sense of how long this would take in the middle of the night so pick-up plans can be made? Thanks (sorry - posted this in wrong place earlier)

New York is the "City that Never Sleeps", there is a reason they call it that. Yes, it is open.

The work stamp, if you get it, is worthless for K-1s. She will not be working before she gets her green card or an EAD.

No telling how long, depends on how many other planes are arriving, which terminal, etc. Plan to be there when her pkane arrives and expect her anywhere from 20 minutes to 4 hours after her plane touches down.

[Gary and Alla 3,694]

Thanks - I figured that must be the case! Yes, I've been reading that the work stamp is no longer working, but we heard we should try to get it anyway as it might reassure potential short-term employers while EAD is being processed. ANy thoughts?

Reassure?

You mean "fool"? The USCIS USED TO overlook people working ILLEGALLY on a K-1 visa (despite the "re-assurance", I have to admit, that is a good one!) Despite the reassurance it would be ILLEGAL for her to work. You would go to her green card interview with the happy news for USCIS that she was working ILLEGALLY. Sounds like a plan.

Now that the law has been clarified, the E-verify system is more widely used and they did this so they could ENFORCE the law against K-1s working, I would be very hesitant to have my fiancee work illegally and then ask for a green card for her.

Did I mention it is ILLEGAL for her to work? Even temporarily. Even with the stamp.

[wagonmaker 7]

Reassure?

You mean "fool"? The USCIS USED TO overlook people working ILLEGALLY on a K-1 visa (despite the "re-assurance", I have to admit, that is a good one!) Despite the reassurance it would be ILLEGAL for her to work. You would go to her green card interview with the happy news for USCIS that she was working ILLEGALLY. Sounds like a plan.

Now that the law has been clarified, the E-verify system is more widely used and they did this so they could ENFORCE the law against K-1s working, I would be very hesitant to have my fiancee work illegally and then ask for a green card for her.

Did I mention it is ILLEGAL for her to work? Even temporarily. Even with the stamp.

OK, yes, I hear you. But I do have a general question about "illegally" - it is illegal to hire someone who has no work authorization, but is it actually illegal to work without one? I had the impression that it was the employer who would potentially be in trouble, but not the worker, assuming he was not here otherwise illegally. Is that not true? (This is all hypothetical of course - no one is going to risk all that preceded when just a few months wait is involved!) But I am curious. Thanks

[Anh map 2,098]

Is it ok for someone to do something illegal? (to quote Seth Meyers and Amy Poehler from SNL: "Really?" "Really?")

It's like going to the carnival, you spin the wheel and take your chances. Worst case scenario: it jeopardizes your new brides immigration status.

[wagonmaker 7]

Is it ok for someone to do something illegal? (to quote Seth Meyers and Amy Poehler from SNL: "Really?" "Really?")

It's like going to the carnival, you spin the wheel and take your chances. Worst case scenario: it jeopardizes your new brides immigration status.

I'm only asking what is legal and what is illegal - I'm not going to do anything even questionable! Just trying to understand why JFk would have been able to give such stamps if they aren't allowed. But I get it, things have changed. I guess some lawyers aren't up to speed on this, because I read somewhere else from a lawyer that if you come in to JFK you can get the work ok.

[wagonmaker 7]

One other question about this (and I really appreciate the answers you guys have given me to clarify what is a confusing situation)L is there a place on the official USCIS or US Dept of State websites that spells out what a K-1 visa holder is allowed to do when he or she arrives here, and after the marriage during the time that the AOS is being processed, including the elimination of this previous loophole and what the "e-verify" system is? I would like to have the source information so I can try to understand what can and can't be done, and to share with any lawyer who might be consulted for the next step in this process. Thanks very much.

[wagonmaker 7]

One other question about this (and I really appreciate the answers you guys have given me to clarify what is a confusing situation)L is there a place on the official USCIS or US Dept of State websites that spells out what a K-1 visa holder is allowed to do when he or she arrives here, and after the marriage during the time that the AOS is being processed, including the elimination of this previous loophole and what the "e-verify" system is? I would like to have the source information so I can try to understand what can and can't be done, and to share with any lawyer who might be consulted for the next step in this process. Thanks very much.

PS- It's confusing in part because of this seemingly current page: http://www.visajourney.com/content/k1k3ead where it seems to say you can get the EAD at POE JFK.

[Nik+Heather 121]

What's in the law is the ultimate source, the I-9, USCIS webpage etc. is an interpretation of that. The Visa Journey website is even a step further removed. Here's what the law says http://ecfr.gpoacces...&idno=8#PartTop:

(9) Employment authorization. An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K–1/K–2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to §274a.12(a)(6) of this chapter. K–3/K–4 aliens must apply to the Service for a document evidencing employment authorization pursuant to §274a.12(a)(9) of this chapter. Employment authorization documents issued to K–3/K–4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to §214.2(k)(10).

I would love to strain my eyes and try to follow the proper nested references for you to quote it to you properly, but It's so much easier if you just go to the eCFR and do a find on the words. I used the classification - you can see a lot about what the law actually has to say about your class of admission on a K visa there....It is clear here that no POE stamp makes a K-1 eligible to work. You need to apply for an EAD with the accompanying fee of $340.

You can use that same resource to go here and read: http://ecfr.gpoacces...54.2.1.1&idno=8 which supports the notion that CBP is not able to grant work authorization, rather the USCIS does.

Remember, (a)(6) is for fiance's, as in the above paragraph....

§ 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States,must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States.

[snip]

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

[wagonmaker 7]

What's in the law is the ultimate source, the I-9, USCIS webpage etc. is an interpretation of that. The Visa Journey website is even a step further removed. Here's what the law says http://ecfr.gpoacces...&idno=8#PartTop:

I would love to strain my eyes and try to follow the proper nested references for you to quote it to you properly, but It's so much easier if you just go to the eCFR and do a find on the words. I used the classification - you can see a lot about what the law actually has to say about your class of admission on a K visa there....It is clear here that no POE stamp makes a K-1 eligible to work. You need to apply for an EAD with the accompanying fee of $340.

You can use that same resource to go here and read: http://ecfr.gpoacces...54.2.1.1&idno=8 which supports the notion that CBP is not able to grant work authorization, rather the USCIS does.

Remember, (a)(6) is for fiance's, as in the above paragraph....

Nik + Heather - thank you so much. That's just what I needed and was having trouble finding it.

And if I am understanding all of this correctly finally, is it the case that if the marriage takes place right away and the AOS is filed right away, there is no advantage to applying separately, a little earlier, for the EAD because there will be two fees charged but the EAD will not come through any faster on its own than it would when done as part of the AOS with one fee that is considered to already include the EAD charge?

This certainly is complicated - seems to me it would make more sense to allow work right away so couples have a chance of economic viability, but "sense" may not be the first consideration here!

Thanks for your patient help - I am just trying to sort through the incorrect information that is all over the place to get to the correct information and you were very helpful and helped me in a kind manner which is appreciated.

[Nik+Heather 121]

Nik + Heather - thank you so much. That's just what I needed and was having trouble finding it.

And if I am understanding all of this correctly finally, is it the case that if the marriage takes place right away and the AOS is filed right away, there is no advantage to applying separately, a little earlier, for the EAD because there will be two fees charged but the EAD will not come through any faster on its own than it would when done as part of the AOS with one fee that is considered to already include the EAD charge?

This certainly is complicated - seems to me it would make more sense to allow work right away so couples have a chance of economic viability, but "sense" may not be the first consideration here!

Thanks for your patient help - I am just trying to sort through the incorrect information that is all over the place to get to the correct information and you were very helpful and helped me in a kind manner which is appreciated.

Yes, you have the right idea regarding marriage and timing of EADs.

I think sometimes there is a tendency to get a little testy about the subject around here because it feels like this question gets asked a lot, but it's true that it's on the "official" VJ pages, which I agree can be quite confusing. I've bumped the thread in the site discussion to see if we can't get that sort of thing eliminated once and for all.

[wagonmaker 7]

Yes, you have the right idea regarding marriage and timing of EADs.

I think sometimes there is a tendency to get a little testy about the subject around here because it feels like this question gets asked a lot, but it's true that it's on the "official" VJ pages, which I agree can be quite confusing. I've bumped the thread in the site discussion to see if we can't get that sort of thing eliminated once and for all.

Well, of course the question gets asked a lot - there is directly contradictory information posted here, and very difficult to sort it out. And the government's policy makes little sense. But what else is new? I get it now, unfortunately. I do wonder why JFK continues to give the stamp if it's bogus - it's curious. Anyway, thanks again.

[wagonmaker 7]

It's been a while, so I thought I'd let you know that my friend's green card was approved. She did get that work stamp at JFK and was hired legally by a reputable and knowledgable company; they got married; she got her Social Security card; filed for and received her EAD; filed for adjustment of status; had their appointment for green card and was approved. It all went quite easily - just 5 months from arriving in the US on the fiance visa to green card approval - and there was absolutely no problem at all regarding working on the JFK stamp, as their lawyer advised, and as opposed to the sense of things stated here on this board. They did not do this under the table - it was all documented. So while I am not giving anyone any advice, and think one should find a respected attorney, the fact is that her process went well and she worked legally from right after she arrived here. The fees are exorbitant, punitive even - I don't know what people without jobs do - but it all went quite well. So now they are settled, and only have to get the green card restriction lifted in 2 years. One more form, one more fee, one more interview - and they are done. Good luck to everyone else - and keep asking questions. Things are not always as they seem. Cheers!