K3 EAD

[Y's_habibitk 2]

Im just curious and maybe someone can help me find the rationale.

I was just researching the EAD and making sure that we can file it seperately before we file AOS.

Then I saw the electronic option. I knew it was there, but this time i thouroughly read who(by status) can use the electronic filing. k-1's are able to....why not k3's?

thoughts?

[YuAndDan 153]

Yes you can file for EAD before AOS using code (A )(9 ) LIFE-ACT, there is a fee $340 for this. The EAD will be set to expire at the same time as K-3 I-94 card, about 2 years.

One reason for a K-3 to do this is so that they can delay filing the I-485 for AOS, filing AOS within 2 months of so of 2 years of marriage tends to get AOS approved after 2 years of marriage gets a 10 year green-card avoiding ahving to file an I-751 later to remove conditions.

EAD costs less than removal of conditions, and saves all the extra paper work needed for removal of conditions.

[Dakine 26]

It's not a good idea for K visas to wait to file AOS so they can get 10 year cards. They may end up with NO GC at all and back home if the petitioner should happen to go belly up or dump the bene before status is adjusted.

Critical time from receiving visa until GC is in hand.

Another GOOD reason to go with the CR visa.

[YuAndDan 153]

It's not a good idea for K visas to wait to file AOS so they can get 10 year cards. They may end up with NO GC at all and back home if the petitioner should happen to go belly up or dump the bene before status is adjusted.

Critical time from receiving visa until GC is in hand.

Another GOOD reason to go with the CR visa.

K-3 is valid for 2 years, the I-94 is also valid for 2 years after entry, you can file AOS anytime during the period allowed by the I-94. AOS should be filed while in legal status.

In the case of petitioner going "Belly Up" The K-3 would file an I-360 and I-864W to adjust status.

(3) You are filing for an immigrant visa as a self petitioning widow(er). If you are filing as a self petitioning widow(er) using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful

permanent residence.

http://www.uscis.gov/files/form/I-864W.pdf Edited December 17, 2008 by YuAndDan

[Y's_habibitk 2]

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

[YuAndDan 153]

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

The only used for the electronic system is to renew an EAD, for first time applicants you will still need to mail in evidence to show that you qualify for EAD.

Note: K-1 should NEVER apply for an EAD before filing AOS, the resulting EAD costs $340, and is only valid for 90 days after entry, it usually takes up to 90 days to approve, so in many cases the EAD is denied, because the I-94 expires before USCIS can approve the EAD.

[himher 634]

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

[YuAndDan 153]

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

Though a K-1 cannot renew the Temp 90 day EAD status that they get upon entry to the USA.

Yup, Clear as MUD

[Y's_habibitk 2]

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

Makes a little more rational sense

Although it still doesnt make any sense to me why a k1 can get the temp stamp, while it seems they arent doing it any longer for k3's at POE.

but thats another subject altogether heh heh

Lisa

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

Though a K-1 cannot renew the Temp 90 day EAD status that they get upon entry to the USA.

Yup, Clear as MUD

ha! our gov. at work....def. clear as mud

[himher 634]

Yeah well my wife was a K3 and we had touble understand that logic as well. The best explanation I have heard (which makes semi-sense) is that you have to show authorization to work to get a SS number, and a lot of states require a SS number to get married. So....the K1 work authorization stamp gets you a SS number that you can use to fill out a marriage license application to get married to fulfil your K1 requirement. K3's don't "need" the SS number etc in any kind of timely manner since they can live and travel in status here without it so they have to wait.

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

Makes a little more rational sense

Although it still doesnt make any sense to me why a k1 can get the temp stamp, while it seems they arent doing it any longer for k3's at POE.

but thats another subject altogether heh heh

Lisa

The electronic filing is being treated as a "renewal" since a K1 already has permission to work. The K3 files by mail because they were never authorized to work in the first place. Does that make sense?

I understand the process and thanks for your responses but my question is why can a k1 visa holder file ELECTRONICALLY and the k3 holder cannot? seems like if the k1 can, the k3 would be allowed the same convienience, but they are not....why? thoughts.

Lisa

Though a K-1 cannot renew the Temp 90 day EAD status that they get upon entry to the USA.

Yup, Clear as MUD

ha! our gov. at work....def. clear as mud

[YuAndDan 153]

Makes a little more rational sense

Although it still doesnt make any sense to me why a k1 can get the temp stamp, while it seems they arent doing it any longer for k3's at POE.

but thats another subject altogether heh heh

Lisa

Actually the K-1 geting temp 90 day EAD status makes sence.

K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

The other K-Visas NEVER got EAD stamp, because they are NOT work authorized, they DO NOT need to get an SSN to apply for a marriage license. K-3 is already married, and K-2 and K-4 are children and are not entering the country to marry.

Edited December 18, 2008 by YuAndDan

[pushbrk 12,881]

Yeah well my wife was a K3 and we had touble understand that logic as well. The best explanation I have heard (which makes semi-sense) is that you have to show authorization to work to get a SS number, and a lot of states require a SS number to get married. So....the K1 work authorization stamp gets you a SS number that you can use to fill out a marriage license application to get married to fulfil your K1 requirement. K3's don't "need" the SS number etc in any kind of timely manner since they can live and travel in status here without it so they have to wait.

Bingo. As a practical matter K1 holders need more than the 90 day stamp to actually get a job. The visa itself authorizes the issuance of a SSN. The ONLY reason for this is to facilitate marriage in certain states that require an SSN for a marriage license. It was never intended as any practical means of getting a job but some have been successful in doing so.