September 2014 AOS Filers

[asianculture 14]

Ah my case was different from all of you guys... When I entered the country thru JFK airport... My EVerify showed I'm allowed to work and even social security showed "Legal Alien allowed to Work".

When I worked last May I was surprised that I pass the Everify check. I arrived April 19 in JFK and applied for social security a week after my arrival.

When I applied and accepted for a year round job that's the time I learned my status in EVerify expires concurrent with my I94...by the way I was hired September 16, 2014..the everify result were released a week after.

I read some forums and they said that mostly if you arrive in JFK they will stamped a temporary work permit if your a k1 visa holder.

I don't think we are different from you, according to your message earlier in Tagalog version that you applied for AED expidite and no result yet....and on your other message again in Tagalog it says you are working and getting paid in cash because you don't have Authorization for work........ At the end of the day we are all going to the same process.

[mmanginsay 5]

Just to be clear...I entered JFK April 19...

May 29 I was hired and passed the everify. I have two jobs from May to August 30...Two ran an everify check and I pass...

September my seasonal jobs ended. I applied and hired for a year round job September 16... The employer ran a everify check after 1 week the result came in that I'm not allowed to work.

After knowing the result, we applied the AOS and EAD...we filed September 22 and NOA September 24...

Since September 24... I started doing some cash jobs and also I'm selling food sometimes.., I'm already bored at home... My husband is a speech pathologists and he doesn't allow me to work but I insisted to earn because I don't like to depend on him I want to earn my own money and spend my own.

So practically, if k1 is really not allowed to work my question is...How come I pass Everify check? Within the 90 day period. I confronted our HR after learning the incident...she said when they ran the everify last May my file appeared Okay and legal to work.

Everify check is a system that verifies if an employee is legal or not.

Edited November 7, 2014 by mmanginsay

[mmanginsay 5]

If USCIS will ask me about it... I will be happy to tell the story and if needed that il ask for affidavits for the HRs I will.

Also I have the printed copy from social security that says Alien allowed to work

[mmanginsay 5]

Maybe I'm just one of the few who pass that everify system.

This is what I've been saying all through out this ordeal...Immigration, CBP, DHS and SSA doesn't have one way to check with one another.

If you enter the country and DHS or CBP official entered your name on file as legal allowed to work per SSA guideline you can work.

I don't know I guess I would just have to wait the result.

[MrsKK 1]

good evening everyone. wishing u all having a good night and i see lots of filipinos here "kumusta mga ate?" in english " hello to everyone" i just wanna share my experience with all of you, i had my appointment today with SSA and i was able to successfully change my last name and my gender marker. tomorrow i will go to DMV to change my last name too, i already have a valid DL i just have to do a name change. i must say I'm very lucky to be in a country where everyone treat people equally no matter whats ur sex, gender or race. no questions were asked when i hand them my marriage license, my EAD card, my drivers license and my primary physicians letter who is treating me with my gender transition, they treated me with respect and it only took 15 mins but the waiting took almost 2 hours. I'm praying to everyone to have a speedy result and good luck to everyone

[icebryker 21]

I am already a registered RN in California and all I am waiting is my AED, I am praying to get it this month.

Did you take NCLEX-RN whilw you were in the Philippines. I am planning to take NCLEX-RN next year. What reviewer did you use?

[_Paul&Jesica_ 70]

Just to be clear...I entered JFK April 19...

May 29 I was hired and passed the everify. I have two jobs from May to August 30...Two ran an everify check and I pass...

September my seasonal jobs ended. I applied and hired for a year round job September 16... The employer ran a everify check after 1 week the result came in that I'm not allowed to work.

After knowing the result, we applied the AOS and EAD...we filed September 22 and NOA September 24...

Since September 24... I started doing some cash jobs and also I'm selling food sometimes.., I'm already bored at home... My husband is a speech pathologists and he doesn't allow me to work but I insisted to earn because I don't like to depend on him I want to earn my own money and spend my own.

So practically, if k1 is really not allowed to work my question is...How come I pass Everify check? Within the 90 day period. I confronted our HR after learning the incident...she said when they ran the everify last May my file appeared Okay and legal to work.

Everify check is a system that verifies if an employee is legal or not.

Technically a K-1 can work until their I-94 expires, which is 90 days after entering the US. After that point, you can't legally work without either your EAD or your GC, regardless of what e-verify might report and even if you already have your SSN.

When your I-94 expires, you are technically "Out of status" and begin accruing overstay. However, if you have filed for AOS, then your overstay is waived but you are still out of status and can't work or anything.

Working for "cash only" jobs or any other kind of job is a violation of immigration laws if you don't have your EAD or GC (regardless if you pay the proper taxes on the cash income). While you may not have any issues with this or may never get into any kind of trouble because of those, please don't promote the idea to everyone that it is ok to do so!

[_Paul&Jesica_ 70]

Maybe I'm just one of the few who pass that everify system.

This is what I've been saying all through out this ordeal...Immigration, CBP, DHS and SSA doesn't have one way to check with one another.

If you enter the country and DHS or CBP official entered your name on file as legal allowed to work per SSA guideline you can work.

I don't know I guess I would just have to wait the result.

Edit: I had to correct something about the EAD and added additional reference.

No! This isn't exactly correct. Technically, on a K-1 you are only allowed to work until your I-94 expires *IF YOU APPLY FOR AN EAD IMMEDIATELY*. After your I-94 expires you are required to have either an EAD or GC to legally work. If you never apply for an EAD, you can't work, even if you are ok in "e-verify".

From USCIS:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

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 with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

Another reference:

http://www.workpermit.com/us/family_visas/fiancee.htm

After we get married, will my spouse be allowed to work in the US?

After you get married, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You will also need to apply for an Employment Authorization Document (EAD).

Can my fiancé(e) work after arriving in the US but before we get married?

After arriving in the United States, your fiancé(e) may apply for an employment authorization using Form I-765. However, the employment authorization may not be processed within the 90-day time limit for you to get married. If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) must re-apply for a new employment authorization after the marriage.

Edited November 7, 2014 by _Paul&Jesica_

[mmanginsay 5]

The experience Ive been through just signifies that this country has a broken immigration laws. Laws that aren't coherent with one another.

Giving an idea on earning isn't that bad rather than wait and just a lame duck on our partners. Americans are generous but it would be nice if at least out partners appreciate our efforts. Even if it's a just a dollar but it means a lot to them.

Hiding out of fear that if i get caught would jeopardize my greencard...well the threat is always there but US immigration laws allows family based applicants to avail those options.

I'm sorry but I wasn't made to wait, patience isn't one my virtues. I love my partner and helping him on the small things I can do means a lot for both of us.

[msdynamite 57]

Technically a K-1 can work until their I-94 expires, which is 90 days after entering the US. After that point, you can't legally work without either your EAD or your GC, regardless of what e-verify might report and even if you already have your SSN.

When your I-94 expires, you are technically "Out of status" and begin accruing overstay. However, if you have filed for AOS, then your overstay is waived but you are still out of status and can't work or anything.

Working for "cash only" jobs or any other kind of job is a violation of immigration laws if you don't have your EAD or GC (regardless if you pay the proper taxes on the cash income). While you may not have any issues with this or may never get into any kind of trouble because of those, please don't promote the idea to everyone that it is ok to do so!

I totally agree. we all need our EAD. and we all have to wait! dont promote illegal ideas and dont even speak it out loud in public that you do this..its not beneficial for yourself!

[_Paul&Jesica_ 70]

The experience Ive been through just signifies that this country has a broken immigration laws. Laws that aren't coherent with one another.

Giving an idea on earning isn't that bad rather than wait and just a lame duck on our partners. Americans are generous but it would be nice if at least out partners appreciate our efforts. Even if it's a just a dollar but it means a lot to them.

Hiding out of fear that if i get caught would jeopardize my greencard...well the threat is always there but US immigration laws allows family based applicants to avail those options.

I'm sorry but I wasn't made to wait, patience isn't one my virtues. I love my partner and helping him on the small things I can do means a lot for both of us.

I think we are all in agreement that the immigration laws are broken in this country. I fear they will only become more broken after the recent elections....

While I do understand the frustration of having to wait so much in this process, by accepting and entering the US on a K-1 visa, you agreed to abide by all laws regardless of how inconvenient they may be, Frankly, you shouldn't be working and should accept the process as it is.

The K-1 process is slow and cumbersome because there is so much fraud and people just want to come into the US to have a better life. I totally understand that desire, but fraud makes it more difficult for all of us who are in legitimate relationships.... So we all have to just wait and wait. My wife would love to be working now but she knows that until she has her approved EAD she just has to wait and wait and wait....

[mmanginsay 5]

Well that is the problem in this country. But with all honesty I also didnt know that I need an EAD because my partner and I had ask the SSA officer about working while on K1.. And she said that I can work since I was given a permit when I entered the country.

Add to the confidence at that time I pass the E Verify. I live in South Carolina a very conservative state. SSA officer told me to just make sure I filed my greencard to update my status but I can work on seasonal jobs.

[lala1 21]

Hey guys, What are some of the types of bonafide evidences you submitted with your application/plan to submit at your interview ?

[mmanginsay 5]

Regarding fraud issues... Well my partner and I had been in relationship for 5 years already and had acquire properties in the Philippines. We waited for Supreme Court to struck down Doma and finally came here.

My K1 application only took 3 weeks from application and got approved. So I think we passed on those fraud relationship.

[mmanginsay 5]

Hey guys, What are some of the types of bonafide evidences you submitted with your application/plan to submit at your interview ?

I guess just bring all documents needed in the interview