How to get EAD on K1?

Old Jun 14th 2003, 12:53 am
  #1  
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Default How to get EAD on K1?

My fiance is emigrating from England June 22 on the K-1, and we're trying to figure out the best way to get him work-authorized. He's flying in to LAX, which doesn't stamp very often, so I don't think that will happen.

We're wondering if we should get married real quick to AOS and I-765 at the same time - though we have a big official wedding and reception planned for Sept. 7.

I've asked the BCIS hotline this question three different times. Twice I was told that we should file the I-765 immediately, and not hurry to get married, because we would be issued a ONE-YEAR EAD - not a 90-day one (though it would take up to 3 months to get it). Those two phone answerers said they don't issue 90-day ones, and my fiance would surely get a one-year one.

On a third phone call, I was told we should get married right away though, that we would have to file for another I-765 when we AOS.

So two opposite tacts recommended by BCIS... What are people's experiences who've been filing for EAD off the K1? Suggestions?
Thanks a lot!!!
Lisa
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Old Jun 14th 2003, 3:58 pm
  #2  
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Default Re: How to get EAD on K1?

if you are dependant to work right away, the K-1 visa is the wrong kind of visa. "correct" way would be to get married and aos soon after and applying for ead. if you did not get stamped at poe, usually the advice on this forum is not to apply for 90-day ead and save the fee - as that can take 60 days or more - and the 90 days start ticking on the day you entered the us. before you marry you might want to apply for your social security card. after marrying i think you have to wait til the ead arrived to apply for ssc. even though you dont need the ssc if you can show that you filed for one and show within 90 days of employment the ssc - some employers might not employ you w/o ssc even then they theoretically could.

about the phone calls, they might both be right. bcis might send a 1 year ead even when you are not married yet. but they should not if they stick to their rules. and yes, even if you got the 1 year ead before marriage, you still had to file again after marriage.
Originally posted by wahlaworld
My fiance is emigrating from England June 22 on the K-1, and we're trying to figure out the best way to get him work-authorized. He's flying in to LAX, which doesn't stamp very often, so I don't think that will happen.

We're wondering if we should get married real quick to AOS and I-765 at the same time - though we have a big official wedding and reception planned for Sept. 7.

I've asked the BCIS hotline this question three different times. Twice I was told that we should file the I-765 immediately, and not hurry to get married, because we would be issued a ONE-YEAR EAD - not a 90-day one (though it would take up to 3 months to get it). Those two phone answerers said they don't issue 90-day ones, and my fiance would surely get a one-year one.

On a third phone call, I was told we should get married right away though, that we would have to file for another I-765 when we AOS.

So two opposite tacts recommended by BCIS... What are people's experiences who've been filing for EAD off the K1? Suggestions?
Thanks a lot!!!
Lisa
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Old Jun 14th 2003, 6:50 pm
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Default

Ok then, we'll definitely go to the SS office right away.

It's all so confusing, I wish BCIS would just say one thing and stick to it. One of the phone answerers said very clearly and firmly, there would be NO need to reapply for the I-765 with AOS, because the one we would get right away would be the one-year one. I asked the question like three times, because I know that's not the same information other people are getting. (sigh)

We did the fiance visa as opposed to getting married first because we were told this would get him working right away! Uggh.
Thankfully he does have a decent amount saved up, and we can stay with my parents for a while. (Not ideal of course, but it will take away the pressure)
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