confused about EAD

[davidaustralia 0]

hello everyone I am confused about the EAD. According to the USCIS website "If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States" but it also says that if you are adjusting your status to permanent resident then you need a EAD. I would love to know if I need this. I am flying to the states in a week and a half on the conditional permanent resident visa. Do I only need one (EAD) when I become an unconditional PR? A little bit confused!

[Empress of Groovy 373]

Hi, David. I think you need to be more specific about your situation. I'm not sure what you mean by conditional permanent resident visa (I don't think such a thing exists). You don't have a green card yet, right? Are you coming over on a K-1 or K-3 visa? Or another type?

Regarding work authorization, you can work with a permanent resident card or a conditional permanent resident card (aka green card). The difference between the two is that you receive a conditional permanent resident card if your adjustment of status is marriage based and you've been married for less than two years. If you've been married for two years or more when the green card is granted, you'll get a 10-year card and don't have to worry about removing conditions. If you don't have either and you're waiting for one, you'll need an EAD to work.

[Nancy2015 2]

Are you coming to the U.S. with a CR1 visa?

Do I only need one (EAD) when I become an unconditional PR?

PR's don't need EAD. An LPR is an LPR, with or without conditions.

Tell us exactly what visa it is that you have. If it's a CR1, you will become a PR upon entry to the U.S., and you should forget about EAD - you will never need it

[Jasman0717 9]

Are you coming to the U.S. with a CR1 visa?

Do I only need one (EAD) when I become an unconditional PR?

PR's don't need EAD. An LPR is an LPR, with or without conditions.

Tell us exactly what visa it is that you have. If it's a CR1, you will become a PR upon entry to the U.S., and you should forget about EAD - you will never need it

[Empress of Groovy 373]

Oh, right, the CR1.

Please disregard my confusing post.

Although I think the being-married-for-two-years part might still be relevant.

[davidaustralia 0]

Yes I am on the CR1. So I do not need an EAD? So I can use the visa in my passport until my i-551 arrives (for proof) I see on my visa that I can use the visa as proof for a year until I receive the i-551.

[davidaustralia 0]

Yes I am on the CR1. So I do not need an EAD? So I can use the visa in my passport until my i-551 arrives (for proof) I see on my visa that I can use the visa as proof for a year until I receive the i-551. Yep the CR1 is the visa if you have been married for less then 2 years then you need to adjust your status 90 days before the 2 year anniversary of being issued the visa , the other visa i think its called the IR1 its the visa you receive if you have already been married for 2 years. Both are for PR

[Nancy2015 2]

Yep the CR1 is the visa if you have been married for less then 2 years then you need to adjust your status 90 days before the 2 year anniversary of being issued the visa , the other visa i think its called the IR1 its the visa you receive if you have already been married for 2 years. Both are for PR

Well, you don't "adjust status" 90 days before your conditional GC expires, - you "remove conditions"

Yes, you can use your visa as proof of your status before you get your actual green card in the mail (which shouldn't take too long after your entry).

[randyman 0]

hello everyone I am confused about the EAD. According to the USCIS website "If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States" but it also says that if you are adjusting your status to permanent resident then you need a EAD. I would love to know if I need this. I am flying to the states in a week and a half on the conditional permanent resident visa. Do I only need one (EAD) when I become an unconditional PR? A little bit confused!

If you have your green card (perm residence card) you do not need it. You will be entering the US on an immigrant visa and receive an I-551 Stamp in your passport (someone verify if this is still true) which will be your proof of permanent residency until you get your green card in the mail shortly after arriving. That stamp and/or the green card is your proof of Legal Permanent Residency (LPR) and means that you can legally work in the US.

Other Visas such as the K1 are non immigrant visas and after people get here (and are married) they can apply for permanent residency. In there case they need to wait to be approved (and then get a green card) versus in your case you become a permanent residence upon entry into the country on your immigrant visa.

Good luck!!

[randyman 0]

Hi, David. I think you need to be more specific about your situation. I'm not sure what you mean by conditional permanent resident visa (I don't think such a thing exists). You don't have a green card yet, right? Are you coming over on a K-1 or K-3 visa? Or another type?

Regarding work authorization, you can work with a permanent resident card or a conditional permanent resident card (aka green card). The difference between the two is that you receive a conditional permanent resident card if your adjustment of status is marriage based and you've been married for less than two years. If you've been married for two years or more when the green card is granted, you'll get a 10-year card and don't have to worry about removing conditions. If you don't have either and you're waiting for one, you'll need an EAD to work.

A conditional permanent resident is a person who was issued their immigrant visa prior to being married for two years. They will be issued a 2-year green card that requires them to file "lifting of conditions" paperwork on their two year anniversary date of entering the US to lift those conditions (and then become a regular permanent resident getting a ten year card). The visa you would be issued would be a CR-1 (Conditional is what the C is for). If you were married two or more years when getting the visa you would get an IR-1 Visa (which upon entering the US gets you an unconditional permanent residency status not requiring lifting conditions -- and you get the normal ten year green card).

[davidaustralia 0]

Ok then remove conditions 90 days before! Well thats great, I can start working straight away. thanks for the reply(s)

[Empress of Groovy 373]

A conditional permanent resident is a person who was issued their immigrant visa prior to being married for two years. They will be issued a 2-year green card that requires them to file "lifting of conditions" paperwork on their two year anniversary date of entering the US to lift those conditions (and then become a regular permanent resident getting a ten year card). The visa you would be issued would be a CR-1 (Conditional is what the C is for). If you were married two or more years when getting the visa you would get an IR-1 Visa (which upon entering the US gets you an unconditional permanent residency status not requiring lifting conditions -- and you get the normal ten year green card).

So the marriage date isn't as important as the date of entering the U.S. in terms of removing conditions? Just curious--I realized I know very little about the CR-1. I did read the guides but I'm still a bit confused as to how it works and why one might opt for the CR-1/IR-1 route instead of K-3.

Also, would it be possible for a CR-1/IR-1 to get stuck in FBI background checks, or is that something that's done before the visa is issued?

Sorry to hijack your thread, David!