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Posted

Hi everyone,

I need some advice....

My husband got a 90 work authorization when he flew thru JFK. It expires on 5/26/07. He is currently interviewing for serveral jobs right now. I am worried that he wont get them because of the work permit expiring. We have not applied for AOS yet because we are still saving money. If he did get a job we would have enough money to apply, but we would still have to wait the 90 days for the EAD. Anyone have any advice? What should we tell the potential employers if they ask about this? Thanks in advance!

Kim

3/16/06 - Met on-line

11/5/06 - Traveled to Tunisia/Algeria for a 2 week visit (best 2 weeks of my life!!)

12/14/06 - Sent in our I-129F Form

12/16/06 - Notified by post office that our I-129F was delivered

12/19/06 - NOA1

12/21/06 - Check cashed

12/27/06 - Touched!!!!!!!!!

1/3/07 - NOA2 - SWEEEEEEEEEEET!!!!!!! Happy New Year

1/12/07 - Letter recieved from NVC via snail mail (called and they said it was sent to Algiers on 1/10/07)

2/10/07 - Interview!!!

2/19/07 - Visa received

2/27/07 - US Entry thru JFK - work permit issued

3/16/07 - Civil Ceremony

AOS/EAD

5/5/07 - Filed for AOS/EAD

5/11/07 - NOA1 received for AOS/EAD

5/17/07 - Touched

5/25/07 - Wedding

5/31/07 - Biometric Appointment

6/3/07 - AOS/EAD Touched

6/28/07 - AOS Transfered to CSC

7/7/07 - AOS Touched

7/20/07 - EAD Approved!

12/5/07 - AOS Touched

12/12/07 - AOS Touched

12/18/07 - AOS Touched

12/19/07 - AOS Touched

12/20/07 - Card Ordered

Removal of Conditions (ROC)

10/9/09 - Mailed I-751

10/19/09 - NOA1 received for ROC

11/9/09 - Biometric Appointment

2/5/10 - RFE... :(

3/24/10 - ROC Approved!

Filed: Timeline
Posted

MarocAmer,

Not true. One cannot change to K3 status from any other status. The only way to be in K3 status is to enter using a K3 visa.

Yodrak

The 90 day EAD received at JFK was as a K1, fiance; once you married he is now a K3. .....

Good luck.

Filed: Country: United Kingdom
Timeline
Posted
spouses are considered K3 relatives.

No, spouses are considered Immediate Relatives.

K-3 is a very specific status. You don't get there just by being married.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted
It's not changing from a K1 to K3 "visa" it's the status that is changing from fiance to husband and spouses are considered K3 relatives. Filing the AOS is effecting becoming a "relative" not a fiance.

Where did you get this little gem of information from then?

Filed: Other Timeline
Posted
Hi everyone,

I need some advice....

My husband got a 90 work authorization when he flew thru JFK. It expires on 5/26/07. He is currently interviewing for serveral jobs right now. I am worried that he wont get them because of the work permit expiring. We have not applied for AOS yet because we are still saving money. If he did get a job we would have enough money to apply, but we would still have to wait the 90 days for the EAD. Anyone have any advice? What should we tell the potential employers if they ask about this? Thanks in advance!

Kim

Kim,

If potential employers ask to see your husband's work authorization document, he won't be able to tell them anything other than the fact that he doesn't have one. And that is likely what will keep him from getting a job.

Perhaps it would be a good investment to find a way to come up with the $180. Credit card advance - whatever it takes.

Hope it works out for you. It's a tough spot. We really didn't have the money to file for my husband's second EAD either, but we REALLY couldn't afford for him to be out of work.

Filed: Timeline
Posted (edited)

MarocAmer,

You have been mis-informing your husband.

And a K1's status lasts the full 90 days, it does not end with marriage. They go out of status after their allowed stay in the USA - 90 days - expires if they have not yet applied for adjustment.

Do not try to apply the basis for an EAD application outside of the EAD.

Yodrak

Yodrak,

You're wrong, I've been through this with my husband.

It's not changing from a K1 to K3 "visa" it's the status that is changing from fiance to husband and spouses are considered K3 relatives. Filing the AOS is effecting becoming a "relative" not a fiance.

"ajustment pending" (Category 274a.12©(9) Adjustment applicant) for the EAD

Don't file your AOS and you are out of status, your K1 was only good for 90 days maximum, it ends when you marry your fiance; not when the 90 days passes.

FYI: My timeline may confuse you, because I'm fiilng an I130 to bring my husband in from Morocco. He was in the U.S., he came into the U.S. as my K1 fiance, we married, oops! he went to Morocco without applying for advance parole, the only way he can return is with the approval of the pending I130.

Edited by Yodrak
Filed: Other Timeline
Posted
The 90 day EAD received at JFK was as a K1, fiance; once you married he is now a K3.

Your husband might have become a K3 visa applicant when he went home to Morocco prior to filing adjustment of status, but that doesn't make all the other K1 applicants who marry a K3 the moment they say "I do".

Posted
FYI: My timeline may confuse you, because I'm fiilng an I130 to bring my husband in from Morocco. He was in the U.S., he came into the U.S. as my K1 fiance, we married, oops! he went to Morocco without applying for advance parole, the only way he can return is with the approval of the pending I130.

What happened? Why did he return to Morocco? Did he know he would be abandoning the k-1 visa and the AOS (if you filed)?

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

Posted
Hi everyone,

I need some advice....

My husband got a 90 work authorization when he flew thru JFK. It expires on 5/26/07. He is currently interviewing for serveral jobs right now. I am worried that he wont get them because of the work permit expiring. We have not applied for AOS yet because we are still saving money. If he did get a job we would have enough money to apply, but we would still have to wait the 90 days for the EAD. Anyone have any advice? What should we tell the potential employers if they ask about this? Thanks in advance!

Kim

Your husband should show his EAD when he is asked.

Relax and read more info:

http://www.visajourney.com/forums/index.ph...c=58444&hl=

Filed: K-1 Visa Country: Canada
Timeline
Posted

From what I have read as far as completing I-9's at a workplace ... you need to show them documentation that you are eligible to work (temp EAD) ... they make note that when it expires they must obtain from you your new documentation in order for you to continue to work.

They are not supposed to discriminate against you because you have a temporary EAD.

Met in Cleveland 07/07/05 ... Fireworks!!!

Emails and phone calls until first visit back September '05

Many trips to Cleveland and overnight stays in New York

Engaged 05/07/06

07/18/07 - Interview yeeehaaa .. approved

07/26/07 - received Visa from Montreal (should have received 07/24)

07/26/07 - POE Buffalo, NY (Peace Bridge) .. No EAD stamp

07/27/07 - Beautiful marriage .. now you may call me Mrs. :)

07/28/07 - Filed AOS,EAD, and AP for me and AOS and AP for my son via UPS .. received 08/01

08/16/07 - applied for ssn

09/03/07 - received ssn card

11/07/07 - AP approved and received 11/12/07 :)

11/19/07- EAD approved online and received same day (actual approval 11/07/07) :)

12/27/07 - AOS transferred to CSC

02/26/08 - 485's approved without interview

01/14/09 - Sent I-751 - removal of conditions

02/23/10 - Biometrics

03/17/10 - Removal of conditions approved .. card production ordered

"Life is not measured by the amount of breaths that we take, but by the moments that take our breath away."

 
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