K-1 Initial EAD ... is there a form ?
 

Hi All ... I think I have been doing so much reading I am getting
myself confused.

I have been 'admitted' to the US on a K-1 Visa , married within 90 days
and the I-94 issued is expiring at the end of October. Due to some IRS
'issues' getting tax transcripts for the past 3 years, we have not
filed the I-864 / I-465. We expect now to have that done at the end of
the week.

I know I have to file for the EAS, but by what I understand, the I-765
is for renewals based on an initial EAD. My question here is .. how do
I get the initial EAD ? Did that come with the Visa / I-94 Departure
record or is there a form that I have missed somewhere? Is that the 90
day expiry?

I just want to make sure I get this right the first time and not burn
the filing fee for the EAD Renewal.

On a less urgent (different) topic, when I do eventually file the I-765
with the processing center, does a bonafied offer of employment do
anything to speed up the process? I am not working now, but will have
the job once the EAD comes through.

Many thanks.
A

Re: K-1 Initial EAD ... is there a form ?
 

Hi A,

It's like this: When you arrived on your K-1, you were automatically work-authorized. If you happened to have come through JFK airport, you would have gotten a temp EAD stamp. That would have been your proof of having your temp 90-day EAD, that automatically comes with a K-1 visa. Since you didn't get that stamp, you are still authorized to work for your first 90 days here in the USA, you just don't have physical proof of it, in the form of an EAD stamp or EAD card.

Now, it's not worth it to apply to actually receive the temp 90-day EAD "physical proof", since your 90 days is almost up and it would take almost 90 days for that proof to get to you. So never mind that now, it's just too late for that.

Your next step is to file your AOS paperwork, and include the I-765 EAD application. This will your first EAD application, so when you check the box, don't check the renewal box. That temp EAD (which you did not get proof of) doesn't really count as your first EAD. From there, you will go to a biometrics appointment and then around 3 months later, your EAD plastic card will come in the mail.

That's about all you can do for now, with the status you have right now.

And unfortunately, having an employment offer letter does not speed up the EAD process.

Have you gotten your SS card yet? If yes, great. One less thing to do. If not, I think you should now wait till your EAD comes and then get the SS card because you've married now, and they won't base your SS card application on your K-1 status anymore. It's always better to get the SS card *before* you get married so it will be clear you are still a fiance, here on a K-1 visa.

I hope that cleared some things up for you?

Best Wishes,
Rene

Re: K-1 Initial EAD ... is there a form ?
 

Rene:

I'm not going to disagree with anything you say. You are correct that the K-1 is an "authorized alien" incident to status.

No one will be penalized for unauthorized employment or hiring.

However, on the paperwork side of things, the K-1 will NOT have the right evidence and no employer can hire ANYONE [even a US citizen] without the proper evidence. But that is a paperwork violation which is a "minor" violation.

However, this system has been in place for only 18 years, many employers don't know how to comply and ICE really doesn't enforce it unless its ancillary to some type of immigration fraud or smuggling investigation.

Re: K-1 Initial EAD ... is there a form ?
 

Rene,

For the avoidance of confusion, you might want to stop using the acronym 'EAD' for both employment authorization and employment authorization document. The thing that A did not get proof of is employment authorization - EA. The EAD is the physical proof, not the authorization.

And all EADs are "temp" - they all expire.

Regards, JEff

Re: K-1 Initial EAD ... is there a form ?
 

Thanks to both of you for your insight. I was *smart* enough to get an
SSN (actually - mandatory) ... since that is what all US institutions
seem to use ... ie phone installation, gas, water etc etc etc. Big
change from a Canada SSN.

I have seen on other postings that when there is an offer of
employment, both the employer and prospective employee have to complete
an I-9. Once I apply for the EAD , is it possible to start work ? I
think I understand that there is a 90 day window that I have to show
proof to the employer that I have the work authorizaton on the I-9 ( I
could use the receipt of the I-765 paperwork as proof that I applied)
... but not sure if that is legal or not. I am not looking to jump the
fence here by working illegally, just have to take jobs in todays
market when they come.

AND WHY DOES ALL THIS COST SO MUCH MONEY !!!!! :-)~

A.

Re: K-1 Initial EAD ... is there a form ?
 

No, you can't work until you actually receive the EAD.

It seems like you are a litte confused as to the purpose of the I-9 form.
All employers have to fill out an I-9 for new employees, including US
Citizens, to prove that the person is legally able to work. You can prove
you are legal to work by, among other things, showing proof of citizenship
or an EAD.

I think that the employer usually supplies the I-9. But if you want to take
a look at one, you can see it here:

http://uscis.gov/graphics/formsfee/forms/i-9.htm

- Eric S.



"Salinator" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Thanks to both of you for your insight. I was *smart* enough to get an
    > SSN (actually - mandatory) ... since that is what all US institutions
    > seem to use ... ie phone installation, gas, water etc etc etc. Big
    > change from a Canada SSN.
    > I have seen on other postings that when there is an offer of
    > employment, both the employer and prospective employee have to complete
    > an I-9. Once I apply for the EAD , is it possible to start work ? I
    > think I understand that there is a 90 day window that I have to show
    > proof to the employer that I have the work authorizaton on the I-9 ( I
    > could use the receipt of the I-765 paperwork as proof that I applied)
    > ... but not sure if that is legal or not. I am not looking to jump the
    > fence here by working illegally, just have to take jobs in todays
    > market when they come.
    > AND WHY DOES ALL THIS COST SO MUCH MONEY !!!!! :-)~
    > A.
    >

Re: K-1 Initial EAD ... is there a form ?
 

A,

The Receipt Notice showing that you applied for EA is not evidence that you are EA, because you are not EA until the application has been approved by the USCIS.

Once your application is approved and you become EA, then you have 90 days to submit the document that shows you are EA (the EAD).

Regards, JEff

Re: K-1 Initial EAD ... is there a form ?
 

Costs as much or more in Canada for immigration but there is no temporary work authorization while the applications are awaiting adjudication. Also thought Canada had a SIN not a SSN. And yes, I have a Canadian spouse.

No, you cannot work without the physical proof of authorization in the form of an EAD.

Re: K-1 Initial EAD ... is there a form ?
 

Speaking of SIN's, etc... and this is a little off topic but it just occurred to me... is there any reason for me to change my name with Revenue Canada or whoever it is that controls SIN's ? I never bothered... I changed my name on my passport, to cause less confusion going back and forth, but thats the only Canadian document I changed... anyone know if it matters at all?

Re: K-1 Initial EAD ... is there a form ?
 

That'd be Human Resources Canada. :) If you don't intend to return to Canada to live and work, then no. If at some future point in time you do return, you can get your SIN updated at that time.

Ian

Re: K-1 Initial EAD ... is there a form ?
 

Ahh Revenue... Human Resources... its all the same haha :)
And, cool. I'm good to go then. haha. Thanks, Ian.

Re: K-1 Initial EAD ... is there a form ?
 

If you have any CPP contributions you may want to change your name on your SIN card. This will make it easier when it comes time to collect your CPP or to combine it with your Social Security when you retire.

Here is the link to name change process: http://www.hrsdc.gc.ca/en/cs/sin/020..._010.shtml#so2

A new card is free however, your either to present your documents to an HRDC office or send them to HRDC by mail.

Side Note: If you have never received a statement of your CPP contributions, you should send a request in. Store this information with your other retirement records. Here is a link to the form: http://www.sdc.gc.ca/cgi-bin/search/...isp2000&lang=e

Re: K-1 Initial EAD ... is there a form ?
 

Cool, thanks!

Re: K-1 Initial EAD ... is there a form ?
 

Damn... this is excellent! I never would have thought of requesting a statement. You rock!

Ian