Work Authorization - Part II?
Jan 20th 2003, 7:37 pm
#1
Guest
Posts: n/a
Work Authorization - Part II?
I've reposted this question since I felt it was getting lost in the
old thread.
I have just found out some alarming info from a US immigration officer
and want to find out anyone knows anything different. I was told that
if you get a stamp of work authorization on your I-94 it is only good
for 90 days, while you are a fiancee. Once you get married and
obviously apply for adjustment of status and work authoriztion (I-765)
your stamp on your I-94 is no longer valid and you have to wait for
your EAD card (which could take up to 3 months). So in other words
you would have to quit your job or take 3 months off since you can not
work until you get the card since the stamp on I-94 is no longer
valid, since you are not a fiancee anymore. IS THIS TRUE? Has anyone
been able to work continuously from the point of getting into US as a
fiance through to being a spouse without interruption and if so
HOW???????????????????????
old thread.
I have just found out some alarming info from a US immigration officer
and want to find out anyone knows anything different. I was told that
if you get a stamp of work authorization on your I-94 it is only good
for 90 days, while you are a fiancee. Once you get married and
obviously apply for adjustment of status and work authoriztion (I-765)
your stamp on your I-94 is no longer valid and you have to wait for
your EAD card (which could take up to 3 months). So in other words
you would have to quit your job or take 3 months off since you can not
work until you get the card since the stamp on I-94 is no longer
valid, since you are not a fiancee anymore. IS THIS TRUE? Has anyone
been able to work continuously from the point of getting into US as a
fiance through to being a spouse without interruption and if so
HOW???????????????????????
Jan 20th 2003, 8:15 pm
#2
BE Enthusiast
Joined: Oct 2002
Location: UK Citizen Now In Baltimore County USA
Posts: 906
Re: Work Authorization - Part II?
This is a bit of an old chestnut, but your own interpretation is pretty accurate.
When you do get to the USA on a K1 it is in all honesty best to marry as early as possible thus accelerating the start of these applications. The earlier you can get the AOS in the better.
It isn't always easy for everybody, but it is best to ensure you have enough funds to see you through at least 4 months after you arrive. If everything gets approved inside that time frame then great, its a bonus, and if you can find temporary work to act as an infill then that’s even better.
However there certainly is a very real danger that at sometime you will find yourself unable to work, stupid yes, but real.
When you do get to the USA on a K1 it is in all honesty best to marry as early as possible thus accelerating the start of these applications. The earlier you can get the AOS in the better.
It isn't always easy for everybody, but it is best to ensure you have enough funds to see you through at least 4 months after you arrive. If everything gets approved inside that time frame then great, its a bonus, and if you can find temporary work to act as an infill then that’s even better.
However there certainly is a very real danger that at sometime you will find yourself unable to work, stupid yes, but real.
Jan 20th 2003, 8:35 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,403
Re: Work Authorization - Part II?
Why was it getting lost in the old thread? It was answered there. As I pointed out there, it is not entirely true. The 90 day stamp does not become invalidated because you married. It becomes invalid on the 91st day regardless of your marital status. You can work as long as your employer does not mind paying the penalty for employing a worker who does not have employment authorization.
BTW I'm curious as to what you thought would happen.
Rete
BTW I'm curious as to what you thought would happen.
Rete
Originally posted by Protelion
I've reposted this question since I felt it was getting lost in the
old thread.
I have just found out some alarming info from a US immigration officer
and want to find out anyone knows anything different. I was told that
if you get a stamp of work authorization on your I-94 it is only good
for 90 days, while you are a fiancee. Once you get married and
obviously apply for adjustment of status and work authoriztion (I-765)
your stamp on your I-94 is no longer valid and you have to wait for
your EAD card (which could take up to 3 months). So in other words
you would have to quit your job or take 3 months off since you can not
work until you get the card since the stamp on I-94 is no longer
valid, since you are not a fiancee anymore. IS THIS TRUE? Has anyone
been able to work continuously from the point of getting into US as a
fiance through to being a spouse without interruption and if so
HOW???????????????????????
I've reposted this question since I felt it was getting lost in the
old thread.
I have just found out some alarming info from a US immigration officer
and want to find out anyone knows anything different. I was told that
if you get a stamp of work authorization on your I-94 it is only good
for 90 days, while you are a fiancee. Once you get married and
obviously apply for adjustment of status and work authoriztion (I-765)
your stamp on your I-94 is no longer valid and you have to wait for
your EAD card (which could take up to 3 months). So in other words
you would have to quit your job or take 3 months off since you can not
work until you get the card since the stamp on I-94 is no longer
valid, since you are not a fiancee anymore. IS THIS TRUE? Has anyone
been able to work continuously from the point of getting into US as a
fiance through to being a spouse without interruption and if so
HOW???????????????????????
Jan 20th 2003, 10:25 pm
#4
Guest
Posts: n/a
Re: Work Authorization - Part II?
"robclews" wrote in message
news:[email protected]...
> This is a bit of an old chestnut, but your own interpretation is
> pretty accurate.
> When you do get to the USA on a K1 it is in all honesty best to marry as
> early as possible thus accelerating the start of these applications.
But get your SSN sorted out before marrying, is the most recent advice. See
other threads on this.
> The
> earlier you can get the AOS in the better.
> It isn't always easy for everybody, but it is best to ensure you have
> enough funds to see you through at least 4 months after you arrive. If
> everything gets approved inside that time frame then great, its a
> bonus, and if you can find temporary work to act as an infill then
> that's even better.
> However there certainly is a very real danger that at sometime you will
> find yourself unable to work, stupid yes, but real.
> --
> Posted via http://britishexpats.com
news:[email protected]...
> This is a bit of an old chestnut, but your own interpretation is
> pretty accurate.
> When you do get to the USA on a K1 it is in all honesty best to marry as
> early as possible thus accelerating the start of these applications.
But get your SSN sorted out before marrying, is the most recent advice. See
other threads on this.
> The
> earlier you can get the AOS in the better.
> It isn't always easy for everybody, but it is best to ensure you have
> enough funds to see you through at least 4 months after you arrive. If
> everything gets approved inside that time frame then great, its a
> bonus, and if you can find temporary work to act as an infill then
> that's even better.
> However there certainly is a very real danger that at sometime you will
> find yourself unable to work, stupid yes, but real.
> --
> Posted via http://britishexpats.com
Jan 21st 2003, 3:26 am
#5
Guest
Posts: n/a
Re: Work Authorization - Part II?
Sorry Rete your response showed up after I reposted. The reason I am
so concerned about this issue is because I have a job prospect on the
very near horizon (I have been out of work for 8 months due to
corporate downsizing. I assumed that one had work auth immediately
after K1 without the need of any stamp. I have my K1 interview next
week and the week after I plan to get married. Furthermore I will be
going through a POE that does not give the work auth. stamp. It's
impossible for me to go through JFK. So my concern is that I won't
have work status as a fiancee since I will only be such for 1 week and
the EAD will take 3 months or more. There is no way that this company
will wait that long and they definitely won't hire me without work
authorization. I'm in a professional field where it's very difficult
to find a job right now. I already have a SS# since I used to work in
the US when I got layed off. So I am just a little disheartened that
I probably won't be able to get this job due to the ambiguity of
getting work auth. immediately after getting the K1.
so concerned about this issue is because I have a job prospect on the
very near horizon (I have been out of work for 8 months due to
corporate downsizing. I assumed that one had work auth immediately
after K1 without the need of any stamp. I have my K1 interview next
week and the week after I plan to get married. Furthermore I will be
going through a POE that does not give the work auth. stamp. It's
impossible for me to go through JFK. So my concern is that I won't
have work status as a fiancee since I will only be such for 1 week and
the EAD will take 3 months or more. There is no way that this company
will wait that long and they definitely won't hire me without work
authorization. I'm in a professional field where it's very difficult
to find a job right now. I already have a SS# since I used to work in
the US when I got layed off. So I am just a little disheartened that
I probably won't be able to get this job due to the ambiguity of
getting work auth. immediately after getting the K1.
