We have our K-1 too... details inside!
Jun 7th 2003, 9:59 am
#16
BE Forum Addict
Joined: Feb 2003
Posts: 1,350
Re: We have our K-1 too... details inside!
Congratulations to you both on what sounds like a smooth sailing day!
I do wish that these types of policy changes were made available to the general public. I'm happy for you and anyone for whom this makes no difference, but for at least some people it will make a huge difference and it would be better if they could know where they stand *before* they drive up to the border. K-1s are authorized to work incident to status, and where the new online EAD system is as yet untested and many service centers are taking 60-90 days to issue EADs, this type of policy directive effectively strips many K-1s of their right to work under the law, by deliberately denying them the ability to prove their status to an employer with a document that an employer can lawfully accept. Again, it would seem to me that the government has at least some affirmative obligation to announce this type of policy in advance.
(But then again, as I am always reminded, we're dealing with the BCIS/State Department and therefore "arbitrary" and "ultra vires" appear to be the order of the day).
Originally posted by Sleuth
We asked about an EAD and were informed that the State Department and BCIS had issued a new directive about 2 weeks ago: NO EAD STAMPS AT THE BORDERS FOR K-1 IMMIGRANTS! None, notta... no way! They were polite, but that is the new policy. The officer who did our paperwork even checked with his supervisor to be sure. So, there you have it... the US is NOT supposed to be issuing EAD's at the border. All applicants are supposed to file for EAD with their Adjustment of Status.
We asked about an EAD and were informed that the State Department and BCIS had issued a new directive about 2 weeks ago: NO EAD STAMPS AT THE BORDERS FOR K-1 IMMIGRANTS! None, notta... no way! They were polite, but that is the new policy. The officer who did our paperwork even checked with his supervisor to be sure. So, there you have it... the US is NOT supposed to be issuing EAD's at the border. All applicants are supposed to file for EAD with their Adjustment of Status.
(But then again, as I am always reminded, we're dealing with the BCIS/State Department and therefore "arbitrary" and "ultra vires" appear to be the order of the day).
