My quest for a temp EAD stamp ...

[lynamon 0]

So my husband and I were checking out at a Self serve check out in Home Depot today and I noticed that the uniformed man in front of us was with the U.S. Customs and Border Protection and I told my husband that I should ask him a couple of questions ... so I did (apparently he was on the clock and more than happy to chat for a few minutes).

I told him that I was a K1 entry and USCIS advises that we are work authorized for the first 90 days upon entry but we can only satisfy the I-9 requirement with a Temp EAD stamp which was not provided at point of entry with the excuse of "we haven't given those out for quite awhile". The officer knew what the K1 was and about the temp EAD stamp and seemed surprised that the only guaranteed POE giving the stamp is JFK because as he said "I see them given all the time".

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This DHS officer was nice and polite .. gave me his card and wrote on the back the supervisors name with whom it is that I am to speak with tomorrow .. which I will be doing .. and when I do I will post more information

[StillThePrettiest 3]

what a great coincidence! I look forward to hearing whatever you find out

[lynamon 0]

So I spoke with the Supervisor and he told me that he knows that there are discrepancies with the system. There has been since the start of Homeland Security in 2002. They apparently have not provided the stamp since that time and he knows that some major points of entry are still providing that stamp. He took my name and number and is going to ask around and see if he can come up with anything for me (he was a duty gard in Toronto and went through the immigration process as his children were born in Canada .. it took him 2 1/2 years). I asked him who I should contact and he told me the 1800# on the CBP website would be a good place to start. He also told me that contacting congress would be a good idea. I asked him about the I-9 requirements and he gave me the phone number for ICE in my area .. I've called and left a message for the duty guard.

[desert_fox 32]

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This is correct. You were authorized to apply for an EAD prior to marriage as a K-1. It would have been voided as of the date of your marriage, and would have to apply over again as awaiting adustment of status upon submitting the AOS package.

It is just a stupid part of the K-1 law authorized by Congress and was never well thought out. If you applied as a K-1, by the time you would have received it would have been invalidated by your marriage (within 90 days).

[Jasman0717 9]

Glad you got to talk to someone

[Caladan 19]

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This is correct. You were authorized to apply for an EAD prior to marriage as a K-1. It would have been voided as of the date of your marriage, and would have to apply over again as awaiting adustment of status upon submitting the AOS package.

It is just a stupid part of the K-1 law authorized by Congress and was never well thought out. If you applied as a K-1, by the time you would have received it would have been invalidated by your marriage (within 90 days).

I don't think that's right. Your K-1 doesn't expire, first off. It's a one-time use visa at the border. So your I-94 date is the relevant date, and you're in the country legally on a valid I-94 until it expires whether you marry or not. The marriage, in other words, doesn't make you out of status.

[desert_fox 32]

[ I don't think that's right. Your K-1 doesn't expire, first off. It's a one-time use visa at the border. So your I-94 date is the relevant date, and you're in the country legally on a valid I-94 until it expires whether you marry or not. The marriage, in other words, doesn't make you out of status.

it expires the day you cross the border. It is no longer valid for another entry. The I-94 keeps you in status.

That is what CBP told him, and I agree, as a nobody, that it is correct and my understnding also.

[Kez/JWolf 6]

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This is correct. You were authorized to apply for an EAD prior to marriage as a K-1. It would have been voided as of the date of your marriage, and would have to apply over again as awaiting adustment of status upon submitting the AOS package.

It is just a stupid part of the K-1 law authorized by Congress and was never well thought out. If you applied as a K-1, by the time you would have received it would have been invalidated by your marriage (within 90 days).

The K1 visa is authorized to Work for the 90 days from the day you enter the USA.... it does not expire when you marry it expires on the same day as your I-94.... to be able to begin employment on a K1 you will need evidence on your Employment authorization.... that could be a temp EAD(stamp) or a EAD (card).... to get the Stamp you have to enter the US at one of the very few POE's that still give the stamp out... as far as I am aware they are JFK and some of the land crossing from Canada.... to get the EAD(card) you would have to complete the I-765 using catergory a6 and pay the processing fee and then if you are very lucky you will recieve the EAD(card) just before your 90 days runs out....

Kez

[TracyTN 237]

[ I don't think that's right. Your K-1 doesn't expire, first off. It's a one-time use visa at the border. So your I-94 date is the relevant date, and you're in the country legally on a valid I-94 until it expires whether you marry or not. The marriage, in other words, doesn't make you out of status.

it expires the day you cross the border. It is no longer valid for another entry. The I-94 keeps you in status.

That is what CBP told him, and I agree, as a nobody, that it is correct and my understnding also.

I think that is correct on the basis that the OP had already entered and was trying to get the temp EAD stamp after the fact.

But I've NEVER heard of a case where a K1er entered, got the temp EAD stamp, then got married and thus the stamp was no longer valid. Unless, of course, the stamp had expired and the K1er had not yet received EAD (from their AOS filing).

Edited September 24, 2007 by TracyTN

[desert_fox 32]

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This is correct. You were authorized to apply for an EAD prior to marriage as a K-1. It would have been voided as of the date of your marriage, and would have to apply over again as awaiting adustment of status upon submitting the AOS package.

It is just a stupid part of the K-1 law authorized by Congress and was never well thought out. If you applied as a K-1, by the time you would have received it would have been invalidated by your marriage (within 90 days).

The K1 visa is authorized to Work for the 90 days from the day you enter the USA.... it does not expire when you marry it expires on the same day as your I-94.... to be able to begin employment on a K1 you will need evidence on your Employment authorization.... that could be a temp EAD(stamp) or a EAD (card).... to get the Stamp you have to enter the US at one of the very few POE's that still give the stamp out... as far as I am aware they are JFK and some of the land crossing from Canada.... to get the EAD(card) you would have to complete the I-765 using catergory a6 and pay the processing fee and then if you are very lucky you will recieve the EAD(card) just before your 90 days runs out....

Kez

you're correct (dont know why I said date of marriage)...it expires the day the I-94 expires...you are not authorized to work. My point was, why bother applying for it, as about the time you receive it, you are no longer authorized to work. If you get a stamp when you enter, that at least gives you 90 days.

[TracyTN 237]

Ok - I think we're all on the same page now. Thanks desert_fox (and Kez).

[Caladan 19]

I told him that I had gone down to the immigration office in Cleveland with no help other than a number for the Cleveland airport which the immigration guy told me that I was no longer a K1 because I got married and am no longer able to get the stamp because of that fact .. that my status had changed.

This is correct. You were authorized to apply for an EAD prior to marriage as a K-1. It would have been voided as of the date of your marriage, and would have to apply over again as awaiting adustment of status upon submitting the AOS package.

It is just a stupid part of the K-1 law authorized by Congress and was never well thought out. If you applied as a K-1, by the time you would have received it would have been invalidated by your marriage (within 90 days).

The K1 visa is authorized to Work for the 90 days from the day you enter the USA.... it does not expire when you marry it expires on the same day as your I-94.... to be able to begin employment on a K1 you will need evidence on your Employment authorization.... that could be a temp EAD(stamp) or a EAD (card).... to get the Stamp you have to enter the US at one of the very few POE's that still give the stamp out... as far as I am aware they are JFK and some of the land crossing from Canada.... to get the EAD(card) you would have to complete the I-765 using catergory a6 and pay the processing fee and then if you are very lucky you will recieve the EAD(card) just before your 90 days runs out....

Kez

you're correct (dont know why I said date of marriage)...it expires the day the I-94 expires...you are not authorized to work. My point was, why bother applying for it, as about the time you receive it, you are no longer authorized to work. If you get a stamp when you enter, that at least gives you 90 days.

That I agree with! I just didn't think that someone was out of status once they married. (Otherwise, C. worked illegally for a month after we married until the I-94 expired.)

And I read lynamon's conversation as the USCIS guy telling her that because she married she wasn't any longer in possession of a valid I-94. That seemed off.

[Kez/JWolf 6]

You are not out of status once you marry..... you are within status until the day after your I-94 expires..... you are then out of status until you file for AOS.... so it is better to file for AOS as soon as you can..... although being out of status is not held against you for AOS if you are married to a USC....