Ombudsman recommends eradication of EAD on K1

[girlfrmoz 1]

After all the discussions on EADs and whether or where (POE) you can get one on your K1, Have you seen this article? Its an interoffice memorandum from the Ombudsman's office to Director of USCIS and recomends the eradication of EADs as the are not inline with the purpose of the K1 Visa because it's purpose is not for employment.

www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

My argument would be that the K1 is an expensive process and if you are not on a high income or you are like me and can't sit still for more than 2 seconds you will need/want to work to help keep you both. That is not employment based but more indentifying that you have a strong team-based relationship which is what they want to see right?? Just my thoughts....

[dougyceci 0]

Interesting post, I read it and to me smacks square in the face as the first step in eliminating the K-1 visa process. In their eyes maybe it would stop some of the abuses of the visa process. Not agreeing with them just trying to reason it out. I guess the thought is that people only looking for a way to enter the country might not be so inclined to do so if they have to marry first. Other thought is it is a way to keep employment at home, with Americans. That is the argument many use to blanket the racism. Again only my opinion, not looking to set anyone off with this post. I don't agree that the process is expensive. Sorry. Maybe if the fee schedule was raised it would be quicker as well and posibly hire more agents to move things along. Bottom line, in life we are all victims of the process enforced in an attempt to eliminate fraud or other illegal activities. The only problem is that most of the people hurt, aren't the ones breaking the law.

[YuAndDan 153]

Looks like they are prpoposing eliminating the 90 day EAD associated with the K-1, making the process more like K-3, where filing for AOS, and EAD are needed to be done, K-3 visa holders also need to wait some time after entering the country to get EAD to work. Also looks like they were considering multi year EAD which would be nice when AOS can take long periods of time for some.

A Link to the article http://www.dhs.gov/xlibrary/assets/CISOmbu...se-06-20-06.pdf

[fozzie 41]

Sounds like they just want to make life harder for people who love each other but are separated by political boundaries!!!!!!

As hard as being separated fro m my fiance was for those 4 months there was a silver lining. Being from the UK my money would be worth a lot more in the US so I saved saved saved! It worked out for the best in the end but I am sooooo glad that I can work now. All be it only until the end of december but I was climbing the walls with boredom untl i started work, it's a little bit to do with money but alot to do with my sanity.

[Girona40 0]

It seems to make sense that K-1 visa holders should be able to apply for an EAD once they are married and file for AOS. After all, the K-1 visa is for the sole purpose of coming to the US and marrying the USC petitioner within the stipulated 90 days. It is not, in itself, a work visa. Once the K applies for AOS then it means they used the K-1 visa for its purpose. After they have married it enables them to be entitled to the benefits afforded AOS applicants.

I am sure there are many reasons they are considering doing this. Saving money would be one reason, as there are a number of people arriving on K-1's who do not marry their USC fiance(e).

There has been a lot of discussion at the USCIS about the entire processing of K visas, of late. The Adjudicator's Field Manual is available on their website, but the entire section relating to K's has been missing for nearly a year. I would suspect they are looking at the entire K-1/K-2 processing and will be trying to change some sections of the INA that apply to K's.

I know that many of us have had to apply for 2nd EAD's due to the processing times of their AOS applications. Personally, I think they should issue an open-ended EAD that simply expires upon adjudication of the AOS application. That way if a Denial is forthcoming the EAD expires, if they are granted LPR status then they don't need an EAD and it expires also.

I would just mention that my son is on his 4th EAD - so I do know just how frustrating this whole thing is!

[zixuandavid 0]

The article makes reference to "March 20, 2006" recommendations.. here is a link to that:

RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS

http://www.dhs.gov/xlibrary/assets/CISOmbu...AD_03-20-06.pdf

[rebeccajo 14]

Effective Sept. 1 USCIS eliminated the ability to go to your local office and obtain the interim EAD.

It's already been put in place.

[zixuandavid 0]

Effective Sept. 1 USCIS eliminated the ability to go to your local office and obtain the interim EAD.

It's already been put in place.

What the USCIS is proposing is eliminating the 'benefit' of EAD for the K1... but your talking the Sept 2006 issue that locally produced EADs will stop (and they are being forwarded to services center for processing).

Here is a VisaPro link to what i'm referring to.. (and I think that you are as well ??)

http://www.visapro.com/Immigration-News/?a=457&z=21

[I'm Gone 60]

I don't think that changes much as far as work goes, since I would imagine very few K-1 file for EADs in the A6 catagory and very few get the work authorization stamp at the POE.

Now I do see that putting the stop on K-1 being assigned SSNs based on the K-1 status, since SSA bases it's enumeration policy with regard to who is eligible to be assigned a work authorized SSN on USCIS policy.

[Alex+R 0]

These people are high-ranking chopfcuks. First they make this huge deal about the person being a public charge and preventing that. Then they don't let them work for three months minimum. #######? They don't want people to have mail-order brides (IMBRA) yet they essentially demeand that people pay for their fiances. Hypocrisy if you ask me.

Especially for people who have fiances from countries with weak currencies. My boyfriend will never save enough in Brazilian currency to mean much in dollars. Praying for the JFK stamp over here.

[I'm Gone 60]

These people are high-ranking chopfcuks. First they make this huge deal about the person being a public charge and preventing that. Then they don't let them work for three months minimum.

Well that part I agree with in that the petitioner signs the I-134 that they have the income to support everyone, so to start crying that you are going to be out on the street if the foreign fiancé can't work is just too too bad. I have always said the income levels for the I-134 and I-864 are way too low.

Edited November 25, 2006 by mdyoung

[Alex+R 0]

These people are high-ranking chopfcuks. First they make this huge deal about the person being a public charge and preventing that. Then they don't let them work for three months minimum.

Well that part I agree with in that the petitioner signs the I-134 that they have the income to support everyone, so to start crying that you are going to be out on the street if the foreign fiancé can't work is just too too bad. I have always said the income levels for the I-134 and I-864 are way too low.

I never cried that I was going to be out on the street. If he can't work, we will make it, but there won't be a lot of money to save and I need money for grad school. If we couldn't make it, then he wouldn't come.

I just think it's hypocritical to invite these people as potential immigrants and then not let them contribute to society. That doesn't make any sense.

[I'm Gone 60]

These people are high-ranking chopfcuks. First they make this huge deal about the person being a public charge and preventing that. Then they don't let them work for three months minimum.

Well that part I agree with in that the petitioner signs the I-134 that they have the income to support everyone, so to start crying that you are going to be out on the street if the foreign fiancé can't work is just too too bad. I have always said the income levels for the I-134 and I-864 are way too low.

I never cried that I was going to be out on the street. If he can't work, we will make it, but there won't be a lot of money to save and I need money for grad school. If we couldn't make it, then he wouldn't come.

I just think it's hypocritical to invite these people as potential immigrants and then not let them contribute to society. That doesn't make any sense.

Bottom line is you sign the I-134 to be able to support both of you, so these are things you should have thought about before getting involved in the process.

Now what I object to is if it makes an individual with K-1 status no longer eligible for an SSN, since the AOS requires you to show you are comingling your lives and without an SSN, some things are harder if not impossible to do, i.e. add spouse to health insurance or bank account.

Edited November 25, 2006 by mdyoung

[rebeccajo 14]

The ability to work isn't just about earning dollars. It's also about becoming a part of American society. However....

I personally don't see a problem with eliminating the temp EAD. It makes perfectly good sense to me that one shouldn't be able to seek employment in America until the terms of the original visa have been fulfilled.

[rebeccajo 14]

Effective Sept. 1 USCIS eliminated the ability to go to your local office and obtain the interim EAD.

It's already been put in place.

What the USCIS is proposing is eliminating the 'benefit' of EAD for the K1... but your talking the Sept 2006 issue that locally produced EADs will stop (and they are being forwarded to services center for processing).

Here is a VisaPro link to what i'm referring to.. (and I think that you are as well ??)

http://www.visapro.com/Immigration-News/?a=457&z=21

There's no reference in the USCIS memo to eliminating the EAD benefit for K1 visa holders.