monica&ed

I entered in the US on the 7th of january and I didn`t get an EAD stamp at the POE (atlanta). I already applied for a SSN which will take 30-60 days. I would like to work as soon as possible, so I`d like to know if I need to appy for an EAD now or after I get married. Thank you!

jeffreyhy

m&e,

You don't say how you entered, but assuming that you entered as a K1, in most places you won't get an EAD on that basis before it's due to expire. Hard to say, though, because you don't sat where you'll be applying for it.

You're probably just as well off waiting to apply for employment authorization at the same time you apply for adjustment of status.

Regards, JEff

monica&ed

Thanx, Jeff.

I did enter on a K1. I am applying for an EAD from Florida. I understood that I will be allowed to work as soon as I am married. But am I allowed to work with my EAD request pending? Also, if I wait, how long would it take to be authorized to work if I apply after I'm married?

Michael D. Young

monica&ed wrote:

    > I entered in the US on the 7th of january and I didn`t get an EAD stamp
    > at the POE (atlanta). I already applied for a SSN which will take 30-60
    > days. I would like to work as soon as possible, so I`d like to know if
    > I need to appy for an EAD now or after I get married. Thank you!

This info was sent to me by e-mail from the then INS Office of Business
Liaison when I asked about a K-1's authorization to work:

Wherever there is a discrepancy between the requirements of the law and
likelihood of discovery or penalties, the public makes risk analysis and
proceeds accordingly. The term technically means required by law.

Citation to the US Code of Federal Regulations would require a depth
step-by-step analysis in order to provide explanation of how all of the
provisions implicated by this question interrelate.

In general, however, the progression is as follows:

1. K-1 classification may last no longer than 90 days

2. K-1 classification is for fiance(e)s of US citizens only.

3. As soon as a K-1 alien marries, he/she is no longer a fiance(e).

4. K-1 aliens are work authorized incident to status, per 8 CFR
274a.12(a)(6)

5. K-1 work authorization may last no longer than the status lasts, whether
the documentation issued to the K-1 alien has expired or not.

6. An employment authorization document is required under 274a.12(a)(6) to
K-1 aliens, although INS General Counsel takes the position that 274a.12(a)
aliens (unlike 274a.12(c) aliens, for example) are work authorized incident
to status (i.e upon INS-issued proof of status). However, the public has
not been formally advised of this interpretation.

7. Some K-1 aliens who are unaware of this interpretation apply for EAD's
at INS Service Centers, where the processing period of 90 days essentially
eviscerates the work authorization and the document may arrive after the
fiance(s)'s status has already changed to spouse. Some K-1 aliens are
issued EAD's at INS field offices. Some are issued Forms I-94 stamped
"employment authorized." This varies from area to area within the US.

8. An EAD is automatically invalidated if the status which entitled the
alien to the employment authorization ceases, whether or not the EAD has
expired.

http://uscis.gov/graphics/services/e...fo/oblhome.htm

Once you have an acceptable document authorizing you to work per the Form
I-9, you can work while your SSN application is being processed as long as
you show your employer proof of having applied for an SSN.

http://www.ssa.gov/employer/hiring.htm

Employer Responsibilities When Hiring Foreign Workers

jeffreyhy

m&e,

You can work when you have both an EAD and a SS#.

Whether or not you are married is irrelevant.

Regards, JEff

MarDae

8. An EAD is automatically invalidated if the status which entitled the
alien to the employment authorization ceases, whether or not the EAD has
expired.

Does this mean that even if you get a K-1 based EAD that once you marry it is not longer valid since you no longer have the K-1 status underwhich the EAD was issued? Am I misunderstanding this? I always thought that you had up to the end of the 90 day time frame for the EAD for it to still be valid regardless of when you married.

Just wondering.

MarDae

sibsie

Excellent question. I'd love to know the answer to that one.

MarDae

Still looking for an answer, anyone?

MarDae????

leebarton

I am in no way a lawyer, but I read that the same as you do.. that it expires on the day of your wedding technically.

I arrived Aug 8th last year, married Oct 12th, filed for AOS/EAD after our honeymoon on Oct 21st (receipted October 31st) and am still waiting for my EAD appointment. I really think if I had been employed my employer might have been having issues with my status after this amount of time and still waiting.

Lee

cindyabs

Forgive me Lee because I am over on the K3 side of the house, but still aren't AOS and EADs handled at your local office rather than the service center? I seem to think so because Steffi who is a K1er lives in GA and went through Atlanta for hers. Atlanta is a district office not a service center. If this procedure is correct as I suggested maybe that's why the delay? Have you done your biometrics? Remember after 90 days you have the right to go get the EAD so keep track on the calendar, seems like you're coming up for it soon.
Good luck

jeffreyhy

MarDae,

The language looks very simple and straightforward to me.
- K1 status is for a fiancee.
- Once married, no longer a fiancee, so no longer in K1 status.
- No longer in K1 status, no longer employment authorized on the basis of K1 status.

How consistently the CIS practices what it has written is another matter, as is how any particular employer would address the situation.

Regards, JEff

leebarton

Unfortunately for me, I live in MD so my EAD and AOS all have to go to Vermont service center... I guess I can't complain about their speed as they got me here quickly, and at least I am waiting this one out in the arms of my wife, not 3500 miles away from her!

katesuiter1

Talking about USCIS inconsistencies..........when I filed my AOS papers in person (Miami), I waited til I was standing at the desk with the officer before filling out the part which asks for immigration status. The officer told me to put K1, although I was no longer a fiance, but a wife. I was also informed that my K1 work authorization was valid until my K1 visa and I-94 expired. The agency I worked for never questioned this.

I really pees me off that USCIS changes the rules whenever they feel like it, and then wonder why people don't provide the correct forms/docs/info.

Kate. xxx