fitzeyhall

Hi everyone i'm new to this so here goes.
My fiancee and I filed the k1 visa petition in January, was then approved in March I went through the medical and interview declared my criminal record and everthing, was quite suprised it was approved actually. The k1 visa was approved on 12th June, I entered the USA on this visa on the 4th July went through processing etc at JFK. I know of course have 90 days to marry, our actual booked ceremony/wedding date is the 21st september as this was booked up back in January. We were thinking of marrying early by Justice of the Peace in order for me to work after applying for adjustment of status.

I'm still quite worried about my criminal record even tho my k1 visa has got approved, so when it come to our joint interview with the INS will it be approved because i have already been excused by the us consulate in London? Anybody had both parts approved or the k1 visa approved then the adjustment of status denied? hope this makes sense.
Just worried because i have given everthing up back in England, Job, Flat, possessions etc:

Just to note i have never committed any sort of crime in the USA, and of course i regret what i have done in the past.

Tracym

You should be able to work now if you want - as you went through JFK there is probably a work authorization stamp in your passport.

If you go ahead and get legally married early (and have your ceremony later) and apply for AOS (and your EAD) right away, you would stand a reasonable chance of not having a gap in your work authorization - i.e. the EAD might arrive before your stamp expired (around Oct 1 approx.). No guarantees, but there is a chance.

I wouldn't think they would be likely to approve the K1 and deny the AOS, since they've seen the criminal background already. Of course, it is different branches looking at it. I don't know if you care to disclose the nature of your offense, and/or how long ago it was...

English Muffin

Providing his flight didn't go via Dublin or Shannon. If it did he wouldn't have got the temp EAD.

Tracym

Possibly true.

But I did say probably

In any case, he would need to check.

fitzeyhall

Yeah i have employment authorized stamped on my I94 card, but we went to the local INS to see what the best option was. Heres what the lady said " Ok it says work authorized but that dosent mean you can work, i suggest you get married now and apply for AOS, because if you file EAD it could take 90 days, just as long as it takes to AOS, plus it costs $340 for EAD therefore you might as well pay the $1030 for AOS" but i read somewhere if i get my social security number 10 days after arrival and get the employer to fill out I9 you can work but this is not what the lady said. She said teh best option was just to get married ASAP, little confused anyhow.
My fiancee is a little disappointed the the 'spark' (for legally getting married on sept 21st) will be taken away. But hey what can you do I need to work as ive spent many months inbetween jobs because of travelling to and from the USA.
Ok my offenses which i toally regret are:
Drunk and disorderly 2000 - Reprimand

Theft from motor vehicle
Fraudulant use of a motor vehicle - 2002 (both from same offense both cautions) thought this wasnt on my record as it was dropped because i was driving my friends car at the time which had a tax disc which he borrowed and he got charged with the same offense, but it appeared on my ACPO record.

and finally Drink driving conviction - 2005 15 months 100 pounds fine

Ok i know it looks bad and stuff that i regret now but cant take it back, but as i said i arrived on a k1 visa and declared all these offences at the interview as they were on my police record, i suppose they looked at it as 1 conviction and a caution (suppose cautions dont count unless its drug related)

fitzeyhall

I flew from London Gatwick therefore do have a red Employment Authorized on my I94 card.

Tracym

OK, first of all re. the convictions - I can't believe they would care about anything but the Drink driving. Apparently they decided you were rehabilitated - it was apparently three years ago. We'll wait for some experts (I'm not one on the criminal part) to comment here.

Re. the work stamp - there I can comment, you are in exactly the same situation my fiance was.

Around ten days after your arrival (regardless of whether or not you have filed for AOS) - take your passport to the SSN office - you should be able to get a SSN. It will say work authorized with DHS authorization or some such wording.

At this point, you CAN work for the duration of the K-1 - which is 90 days from your arrival.

The AOS application costing $1010 includes the EAD (work authorization) and AP (advance parole document for travel prior to getting your green card). You cannot apply for an EAD without applying for AOS I believe - the lady at the office sounds somewhat mistaken to me.

So, if you were to get married at the courthouse, then you could send in your AOS (and EAD) application immediately. They say the EAD takes about 90 days to issue. Ours actually came much faster. Hopefully the EAD will arrive before the 90 days of the stamp validity runs out. It's possible it won't, but if you hurry and apply for the AOS, you have a good chance.

As far as the romantic bit - my suggestion would be to just snap a quick pic with the judge, and then ignore it till Sept. If you have no friends along, no flowers, no celebratory dinner - it probably won't really feel very married. Then you can have the nice romantic fuss when you want it

meauxna

The worker was mistaken.
You can apply for EAD as a K-1, but it gives the same result as the stamp on your I-94 and won't arrive before it expires. (!)

You can use the stamp on your I-94 + SS number to be hired. You actually only need to have applied for the SS# to start work.

Tracym

Ah I see, I was a teensy bit mistaken as well then

I had forgotten about the temp EAD (probably because as you said, it's basically useless).

fitzeyhall

Thanks for this information think i understand everything.

So as soon as i get my SSN in about 3 days (we tried to get it after about 4 days but they said my visa/alien number wasnt on their system yet) i can work without the EAD? (which comes as part of the AOS) Have you heard of this form I9 which the employer must keep once getting a job?

Sorry for so many questions, weve gone through the hardest bit (k1 visa), but we're crawling over the finish line.

RE: drink driving i declared it at the medical too as they took extra blood to make sure i wasnt a raving alcoholic, suppose i came out clean as they approved the visa!

i think AOS is taking about 90 days now all depends on the INS office i think, we're living in Albany so proberly not the busiest compared to the major cities.

Tracym

There are criminal grounds of ineligibility, but to me (a layman) it does not appear you are ineligible.

We've seen on the forum the opinion that a simple DUI (drink driving) is not a CIMT (crime involving moral turpitude). Therefore, if it was just simple offense (not aggravated somehow) and just once, it would appear to not make you ineligible.

Here's a description of ineligibilities by a well-known US immigration attorney practicing in London - I would trust this source.

http://www.usvisalawyers.co.uk/article7.htm

You don't seem to me to fit So hopefully, you'll be fine.

Usually, people are told to expect up to a year for AOS. My Keith did just get his green card (without interview!) and it was about 90 days.

Tracym

Oh I forgot, yes you can work with the stamp.

The employer should have you fill out the I-9 - I believe the stamp should count as a temporary EAD. Could possibly be interesting explaining that ot them though.

As far as the drink driving - that can pose a problem on medical or criminal grounds. The drug test apparently showed you did not drink more than average, so there were no medical grounds of ineligibility. Apparently you were deemed ok from the criminal aspect also.

meauxna

EAD= Employment Authorization Document.
Your I-94 with the stamp IS an EAD.

The EAD you will apply for on the basis of your Adjustment of Status is under a different code than the one you have now. It is not a 'part of' your AOS; but it needs the I-485 to be on file to make you eligible for it.
The EAD you have now--you are eligible for that as a condition of your K-1 status.
The EAD you will apply for/get--you will be eligible for that because you applied for AOS.

You should look up form I-9 at uscis.gov and be familiar with it. Employers are required by law to make you show that you are employment authorized.
If you don't already have an employer waiting for you, you need to be prepared to explain that you are employment authorized if/when it comes up.

Employers may not discriminate based on 'what kind' of work authorization you have; they should not ask anything to do with your documents until AFTER they have hired you.

fitzeyhall

Thanks for information, having researched everything i thought i was correct in thinking that i could work it just amazes me that a government official doesnt know the ins and outs of everything, having said that the filing of the paperwork and immigration interviewer (prob the nicest guy i have ever met, more nervous than me) if i find out i can work we can just go ahead with the wedding/legal etc on the 21st sept.

So tracy you didnt have a AOS interview were you married before keith came to the USA?

Tracym

The problem with what I think you are saying there - if you're saying you will wait to get legally married in september - there will be a gap between the expiration of the EAD you have now and the arrival of the EAD you apply for with the AOS.

For example - your current work authorisation should expire around Oct 1
You get married Sept 21.
You apply for AOS and EAD Sept 22.
Your new EAD might arrive around Dec 22 if it takes the whole 90 days.

So from Oct 1 to Dec 22 you would NOT be work authorized.

If you legally marry now, and apply for AOS, we can hope that your EAD will arrive before your current (temporary) employment authorization expires at the beginning of Oct. There might be a short gap, but you'd have pretty good odds.

Keith came here on a K-1. We immediately got married and applied for AOS. His father took critically ill shortly thereafter, and we asked for his advance parole to be expedited. When they did that, they also issued the EAD - so he got that very quickly. Our case was then transferred from Chicago to the California Service Center and the AOS was approved with no interview.

So actually, he never even needed the EAD - the AOS came through before the K-1 and work authorisation stamp even expired

I about fainted with shock however, I certainly would not count on that kind of luck. I believe it has been much more common for AOS to take 6-9 months at least, and have an intervivew. However, it seems lately more cases are being transferred away from the local offices, and those are usually approved without interview.