Ombudsman recommends eradication of EAD on K1

[Girona40 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

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

Wasn't the OP's reference to the USCIS Ombudsman's memo to the Director of Immigration, where the final sentence of that memo reads:- "USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa." ?

[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.

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.

Of course I thought of that. Of course I am planning for him to not work for 3-4 months and I am ready for that. I don't NEED the money. I just would like it.

Work on reading comprehension or stop being such a jerk. Your choice.

[Jenn! 918]

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.

I would agree. But EAD processing takes way too long IMO. They need to find a way to grant EA as close to possible to the marriage, which is fulfillment of the terms of a K1.

[I'm Gone 60]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

[Caladan 19]

To my mind it's not just the lack of income, but the lack of purpose. It's going to be hard for my fiancé to go from being a guy with a career to a stay-at-home-master-of-playstation-3.

Since the K-1 isn't a standard non-immigrant visa, as entering on a K-1 and marrying makes you eligible to adjust status, it seems wrong to get rid of the work permit. I suppose they're hoping it'll reduce the risk of fraud if someone can't work right away.

[Girona40 0]

To my mind it's not just the lack of income, but the lack of purpose. It's going to be hard for my fiancé to go from being a guy with a career to a stay-at-home-master-of-playstation-3.

Since the K-1 isn't a standard non-immigrant visa, as entering on a K-1 and marrying makes you eligible to adjust status, it seems wrong to get rid of the work permit. I suppose they're hoping it'll reduce the risk of fraud if someone can't work right away.

They are saying that a work permit is not necessary to complete the requirements of the K-1 (to marry within 90 days of arrival). Once the marriage takes place and AOS is applied for, then is the time they can apply for the EAD.

The reasoning is simple. Many people come her on K-1 visas and don't actually marry the original petitioner, thus invalidating their right to be here. So, rather than having people issued EAD's the moment they arrive, they are simply saying it should be something they can apply for once they have the right to AOS. Up to that point they are non-immigrants simply allowed to remain in the country for the sole purpose of marriage, nothing else.

[Caladan 19]

Most people *aren't* issued EADs the moment they arrive already, though; it seems you can only get it if you come through JFK.

I guess I just don't see formalizing the ban having a likely impact on fraud. Once the person's here, it's a lot harder to get rid of them compared to if you don't let them in in the first place.

[Girona40 0]

Most people *aren't* issued EADs the moment they arrive already, though; it seems you can only get it if you come through JFK.

I guess I just don't see formalizing the ban having a likely impact on fraud. Once the person's here, it's a lot harder to get rid of them compared to if you don't let them in in the first place.

Indeed many do not get EAD's the moment they arrive, but there are some that do at the POE. They are saying that they don't want people issued the right to work until they have formally met the criteria of their visa, i.e. marrying the original petitioner.

[motu 5]

I was very surprised to see the low income requirements for meeting the sponsorship criteria - in my opinion one couldn't quite make it here in that low an income. However, for many of us there are many problems in working - one is of course the language - my wife has been here for more than a year and has been taking ESl classes (one last one to go), she is now fluent enough to try and make it in a work place; but then we have other problems - her foreign degrees are not-recognized or considered equivalent niether is her work experience. This forces many like her to start at non-professional or entry level positions (yes everyone goes to retailing ) Another problem on first arrival is non-familiarity with the city/culture/way of life that makes many of them afraid to answer the phone or to talk to a stranger.

Given all of that - I knew that I was bringing a stranger here and I had to help her make it - saving enough for a wedding, plus not expecting any income from her for a year or more and still meeting the increased expenses for the both of us (and yes we need to have a vacartion every now and then ). I was therefore prepared for this and have had no problems (the increased refunds from Uncle Sam help a bit also!) I agree with mdyoung - one needs to know what they are doing and be prepared for it, many of us do not take responsibility for our actions and are not even aware of what may happen when someone else joins their household. Yes it is a big shock to see the bills pile up especially if he/she works - he/she will need a car, insurance, business wardrobe etc. etc. in addtion to what the increased expenses already are. Many people are blinded by love and don't see the potential financial problems ahead - USA is not vey friendly to foreigners wanting to work here and it takes a long time to get accepted and be rewarded here. That said one needs to be prepared if one is coming here. And I think that the incomey levels for bringing immigrants are too low and should be raised to conform to reality. I also agree that working is a fundamental right and should be accorded freely (without fees and especially without the bureaucracy). Good Luck to all trying to make it here. Pura Vida

Edited November 26, 2006 by motu

[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.

Wasn't the OP's reference to the USCIS Ombudsman's memo to the Director of Immigration, where the final sentence of that memo reads:- "USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa." ?

I think the statement 'eliminating the benefit of EAD for the K1' whether it's uttered by the OP or USCIS may be misconstrued by many.

Point of clarification is that the benefit of filing for EAD for an Applicant to Adjust Status is not being proposed. Not matter what visa one holds.

[LaL 418]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

#######.

[Girona40 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

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

Wasn't the OP's reference to the USCIS Ombudsman's memo to the Director of Immigration, where the final sentence of that memo reads:- "USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa." ?

I think the statement 'eliminating the benefit of EAD for the K1' whether it's uttered by the OP or USCIS may be misconstrued by many.

Point of clarification is that the benefit of filing for EAD for an Applicant to Adjust Status is not being proposed. Not matter what visa one holds.

I don't really see how the statement "propose to eliminate employment eligibility for K-1 nonimmigrants" can be misconstrued. It means they propose to eliminate employment eligibility for K-1 nonimmigrants, doesn't it?

The point of clarification you talk of is fine, nobody is saying that EAD's are not going to be available to those who file for Adjustment of Status. They are saying EAD's will not be available UNTIL you apply for AOS.

Technically, you cease to be a K-1 non-immigrant the minute you marry. So, to reiterate, they are proposing K-1 nonimmigrants will not be eligible for EAD's until they file for adjustment of status and work authorization, after the marriage has taken place.

[aussiewench 9]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

#######.

Typical of some on VJ who don't know who feeds them. I hope md is not serious, but I somehow think he is. Damm, that is one hell of a loss for VJ and its members current and future.

[w¡n9Nµ7 §£@¥€r 123]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

#######.

Typical of some on VJ who don't know who feeds them. I hope md is not serious, but I somehow think he is. Damm, that is one hell of a loss for VJ and its members current and future.

[Canuck Carrie 1]

I second that.

His knowledge and patience were exceptional, I really hope he reconsiders.

Edited November 29, 2006 by Canuck Carrie