Temporary vs. permanent work authorization questions

[frankielove 5]

We're a little confused. My Canadian fiance got a "work authorization" stamp valid through Sept 24 at entry. We plan to get married on 6 August and submit our paperwork as soon after that as we can.

Can he work through Sept 24 or does he have to stop before we are married? Or does he have to stop working when we submit the paperwork to request the EAD (after our marriage)? Or can he keep working as long as he has applied for the EAD before the temporary EAD expires?

If I understand everything we get married, submit the paperwork for the EAD and wait about 90 days for the EAD to get approved, which allows him to work again. I don't know if it makes a difference, but we live in Texas.

What am I missing?

Thanks,

Tracy

[ryna 132]

We're a little confused. My Canadian fiance got a "work authorization" stamp valid through Sept 24 at entry. We plan to get married on 6 August and submit our paperwork as soon after that as we can.

Can he work through Sept 24 or does he have to stop before we are married? Or does he have to stop working when we submit the paperwork to request the EAD (after our marriage)? Or can he keep working as long as he has applied for the EAD before the temporary EAD expires?

If I understand everything we get married, submit the paperwork for the EAD and wait about 90 days for the EAD to get approved, which allows him to work again. I don't know if it makes a difference, but we live in Texas.

What am I missing?

Thanks,

Tracy

The truth is, that stamp isn't valid and they should stop giving them to K-1s upon entry. He has to wait until the EAD is approved to work legally...

[Inky 1,111]

The stamp has not been valid for K-1 use for years.

DO NOT USE IT, DO NOT WORK WITHOUT EAD CARD.

[frankielove 5]

The stamp has not been valid for K-1 use for years.

DO NOT USE IT, DO NOT WORK WITHOUT EAD CARD.

Thanks for the quick responses. I don't like the answer, however we don't want to jeopardize his status so we'll press with waiting a few more months. And you're both right- they should stop giving these if they aren't valid.

[I AM NOT THAT GUY 5,715]

http://www.uscis.gov/files/form/m-274.pdf Edited July 28, 2011 by Crusty Old Perv

[ryna 132]

http://www.uscis.gov.../form/m-274.pdf

He entered on a K-1. They aren't even married yet. It's not an I-551 stamp. There is no valid Work Authorization stamp for a K-1 entry. A K-1 is eligible to file for EAD upon entry but the approval cycle (60-90 days) and the expiration of the I-94 (90 days) make it virtually useless and a waste of time and money.

[HeatDeath 430]

No one can work without either an EAD card, a GC, or a GC passport stamp in their hand.

As a K-1 entrant, you are entitled to pay $340 or so to order an EAD card. No one does this. You probably won't even receive it until 60+ days after entry, and that EAD will expire when your I-94 does, 90 days after entry, and you won't be able to renew it. That $340 buys you less than a month of gainful employment, assuming you can even find someplace that will hire you, knowing that your work authorization will expire very shortly and you'll just have to go on unpaid leave until your AOS EAD (which you will need to apply for anyways) shows up.

In contrast, the EAD you apply for with your AOS papers is free (the fee is waived if you are applying for it concurrently with your AOS), and it is good for a year, or until your GC shows up and replaces it (whichever comes first), and it can be renewed indefinitely if necessary.

[Angie&Steven 3]

Hey All!!!

I was wondering the same .

I have seen in some timelines that they get this "work authorization" stamps. Why do they do that? Why some people get it and why other people don´t?

Also, I am a little confused about people waiting for them to get married to apply for the EAD card.

For what I have read in this website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD under permission to work it states:

" Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization. "

I am sorry if I am missunderstanding something, and I hope someone can clarify this for me.

I hope people who have used this work permit authorization at the POE dont get in trouble for missunderstanding this rules...

[ryna 132]

Hey All!!!

I was wondering the same .

I have seen in some timelines that they get this "work authorization" stamps. Why do they do that? Why some people get it and why other people don´t?

Also, I am a little confused about people waiting for them to get married to apply for the EAD card.

For what I have read in this website http://www.uscis.gov...000082ca60aRCRD under permission to work it states:

" Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization. "

I am sorry if I am missunderstanding something, and I hope someone can clarify this for me.

I hope people who have used this work permit authorization at the POE dont get in trouble for missunderstanding this rules...

That is the permission to apply for the $340 EAD card that, realistically, can't be used. Knowing that a K-1 entrant only has 90 days on their I-94, I don't understand why USCIS even has that option (other than to collect $340).

The reason people wait until they get married is that the EAD application fees are waived when filed with AOS (the EAD will be good for 1 year) and you can't file for AOS until after you are married.

[Angie&Steven 3]

That is the permission to apply for the $340 EAD card that, realistically, can't be used. Knowing that a K-1 entrant only has 90 days on their I-94, I don't understand why USCIS even has that option (other than to collect $340).

The reason people wait until they get married is that the EAD application fees are waived when filed with AOS (the EAD will be good for 1 year) and you can't file for AOS until after you are married.

That is interesting, I didn´t know about that.

Thank you

[Udella&Wiz 325]

The long and the short is that the stamp doesn't really mean a thing. Rarely it is given at a POE these days (used to be more common). He cannot/ should not work. Marry as quickly as you like, apply for AOS (which includes EAD) and he will be able to work soon enough.

In the mean time - tell Cinder-fella to get to work and make you dinner! He may never have time off work like this again - try to enjoy while he can.

Edited July 28, 2011 by Udella&Wiz

[frankielove 5]

The long and the short is that the stamp doesn't really mean a thing. Rarely it is given at a POE these days (used to be more common). He cannot/ should not work. Marry as quickly as you like, apply for AOS (which includes EAD) and he will be able to work soon enough.

In the mean time - tell Cinder-fella to get to work and make you dinner! He may never have time off work like this again - try to enjoy while he can.

Lucky for me "Cinder-fella" has already been doing this and is a pretty good cook Also glad we can file for AOS very soon!