Lonely German

hello,

my honey and i got married about a month ago here in germany. now he is back in the
U.S. starting to work on the K3 visa. so far we filed I-130 and haven't gotten any
receipt yet. i already have a job offer from an american company. on the ins website
i read that after entering the united states i can apply for work authorization with
the INS. here i read that some people got the work authorization at the post of
entry. my questions: in case i don't get the work authorization at the POE - how long
does it take to get the work permit with an INS office in the U.S.? Would it help to
take a job offer letter to the interview at the consulate? Is there anything my
employer could do (they offered help - but I don't know what they could do)? I know
it's a long way to go until I will finally enter the U.S. but my employer wants to
know when i will be available for work.

If anybody could give me some information that would be great.

sorry for my english...

a lonely german girl...

Andy Platt

I do not believe that K-3 applicants are not eligible for the employment authorized
stamp at the POEs though I would love it if someone could point me at somewhere where
it says they are. (Isolated examples of border guards incorrectly giving it because
they don't know the difference between a K-1 and a K-3 don't count).

I think they are quoting 30-90 days for EADs out of the Missouri service center. You
can't start work until you have it.

Andy.

--
I'm not really here - it's just your warped imagination. "lonely german"
<[email protected]> wrote in message news:[email protected]...
    > hello,
    >
    > my honey and i got married about a month ago here in germany. now he is back in the
    > U.S. starting to work on the K3 visa. so far we
filed
    > I-130 and haven't gotten any receipt yet. i already have a job offer from an
    > american company. on the ins website i read that after entering the united states
    > i can apply for work authorization with the INS. here i read that some people got
    > the work authorization at the post of entry. my questions: in case i don't get the
    > work authorization at the POE - how long does it take to get the work permit with
    > an INS office in the U.S.? Would it help to take a job offer letter to the
    > interview at the
consulate?
    > Is there anything my employer could do (they offered help - but I don't
know
    > what they could do)? I know it's a long way to go until I will finally enter the
    > U.S. but my employer wants to know when i will be available for work.
    >
    > If anybody could give me some information that would be great.
    >
    > sorry for my english...
    >
    > a lonely german girl...

Gina

I was granted 2 year work authorization on my I-94 at POE. According to another
immigration forum, the Vancouver Consulate encloses a K-3 information letter with the
K-3 Visa that states that K-3 holders will be granted 2 year work authorization by
the Immigration Officer at their POE.

-Gina

"Andy Platt" <[email protected]> wrote in message
news:<[email protected]>...
    > I do not believe that K-3 applicants are not eligible for the employment authorized
    > stamp at the POEs though I would love it if someone could point me at somewhere
    > where it says they are. (Isolated examples of border guards incorrectly giving it
    > because they don't know the difference between a K-1 and a K-3 don't count).
    >
    > I think they are quoting 30-90 days for EADs out of the Missouri service center.
    > You can't start work until you have it.
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination. "lonely german"
    > <[email protected]> wrote in message
    > news:[email protected]...
    > > hello,
    > >
    > > my honey and i got married about a month ago here in germany. now he is back in
    > > the U.S. starting to work on the K3 visa. so far we
    > filed
    > > I-130 and haven't gotten any receipt yet. i already have a job offer from an
    > > american company. on the ins website i read that after entering the united states
    > > i can apply for work authorization with the INS. here i read that some people got
    > > the work authorization at the post of entry. my questions: in case i don't get
    > > the work authorization at the POE - how long does it take to get the work permit
    > > with an INS office in the U.S.? Would it help to take a job offer letter to the
    > > interview at the
    > consulate?
    > > Is there anything my employer could do (they offered help - but I don't
    > know
    > > what they could do)? I know it's a long way to go until I will finally enter the
    > > U.S. but my employer wants to know when i will be available for work.
    > >
    > > If anybody could give me some information that would be great.
    > >
    > > sorry for my english...
    > >
    > > a lonely german girl...
    > >

Andy Platt

"Gina" <[email protected]> wrote in message
news:[email protected]...
    > I was granted 2 year work authorization on my I-94 at POE. According to another
    > immigration forum, the Vancouver Consulate encloses a K-3 information letter with
    > the K-3 Visa that states that K-3 holders will be granted 2 year work authorization
    > by the Immigration Officer at their POE.

The thing is that this is not what the INS rules say:

http://frwebgate.access.gpo.gov/cgi-..._register&doci
d=fr14au01-1

"B. Employment Authorization

Aliens admitted to the United States as a K-3 or K-4 nonimmigrant will be
authorized to work incident to status as are K-1 and K-2 nonimmigrants. However,
similar to what is required of K-1 and K-2 aliens, K-3 and K-4 nonimmigrants will
still need to file Form I-765, Application for Employment Authorization, and the
fee, with the Service to obtain evidence of eligibility to work legally in the
U.S. This regulation adds the K-3/K-4 nonimmigrant classification to 8 CFR
274a.12(a)(9).However, aliens classified as K-3/K-4 seeking to renew employment
authorization documents will be required to show that they are pursuing
the immigration process and still meet the necessary nonimmigrant
classification by having an application or petition awaiting approval.
In order to renew employment authorization as a K-3/K-4, the applicants
will have to show that the Form I-130 has been filed on their behalf,
and, if the Form I-130 has been approved, that their application for an
immigrant visa or their application for adjustment of status has been
filed with the Service or Department of State, as applicable, in order
to receive a second employment authorization document. This renewal may
be requested concurrently with the application for extension of stay,
and is discussed in paragraph (C) below. Applications for employment
authorization for those in K-3/K-4 status should be sent to the
following address: Immigration and Naturalization Service, P.O. Box
7218, Chicago, IL 60680-7218."

Now, of course, this is actually incorrect about K-1 applicants (and I didn't think
K-2 got temporary EADs at all). Although you could file an I-765 as a K-1er you'ld be
stupid filing it at the local INS office.

Anyway, for now it seems that some POEs will give it but I wouldn't bet on it staying
that way if they find out that's not what the regulations call for!

Andy.

--
I'm not really here - it's just your warped imagination.

Susie

Gina, what POE did you go thru? and does that stamp on your I-94 give you work authorization automatically? You don't have to get a SSN# first? Is that the paper you would show any prospective employer when applying for a job when they ask for a SSN?

Thanks!

Jo_B

[QUOTE]
I was granted 2 year work authorization on my I-94 at POE. According to another
immigration forum, the Vancouver Consulate encloses a K-3 information letter with the
K-3 Visa that states that K-3 holders will be granted 2 year work authorization by
the Immigration Officer at their POE.

-Gina

Apparantly the Vancouver Consulate got into ca-ca with the INS with giving out 2 year work authorization to K3er's. If you happened to receive it, you're lucky, as they're no longer doing this.
-presently awaiting my EAD thru the MSC-receipt date Aug 13th/02
Jo

Susie

Thanks for the info.... I love this site... it has helped immeasurably over the past few months!

Anyone know if it's possible to apply for EAD before actually moving to the US once K-3 is received?

Susie

Wendy Owen

No, as you need to have an A# on the form, as well as copies of your
I-94 and K-3 visa. Since the K-3 visa is a multiple entry visa (and
you want to make sure the border guard stamps a "multiple entry stamp"
into your I-94), my husband and I just had him cross as soon as he got
his K-3 just to get his I-94 so he could apply for his EAD. But he
didn't actually move down until a month later. However, most people
live far enough apart that this isn't a convenient thing to do. But
of course, we are still waiting for his EAD to come in the mail.
*sigh* I think our receipt date is also Aug 13th thru MSC.

Wendy Owen

On Mon, 23 Sep 2002 14:47:29 +0000, Susie
wrote:

    >> Apparantly the Vancouver Consulate got into ca-ca with the INS with
    >> giving out 2 year work authorization to K3er's. If you happened to
    >> receive it, you're lucky, as they're no longer doing this.
    >> -presently awaiting my EAD thru the MSC-receipt date Aug 13th/02
    >> Jo
    >Thanks for the info.... I love this site... it has helped immeasurably
    >over the past few months!
    >Anyone know if it's possible to apply for EAD before actually moving to
    >the US once K-3 is received?
    >Susie

jsv888

I'm confused. If you have an offer from an American Company, why wouldn't you just get a work visa instead? It's much quicker than any family based route.

Andy Platt

"jsv888" wrote:

    > I'm confused. If you have an offer from an American Company, why
    > wouldn't you just get a work visa instead? It's much quicker than any
    > family based route.

It's quite possible that the job isn't one you could get an H-1B for - or
her qualifications aren't enough for an H-1B but otherwise it is an option
worth pursueing. BTW, it's not necessarily true that an H-1B is always
quicker than a K-1 or K-3 though with the cap not being reached this year it
probably is true right now.

Andy.

--
I'm not really here - it's just your warped imagination.

Susie

Thanks Wendy... that's exactly what I was wondering.