ms_bhon

Hi-
I was in the neighborhood of the Baltimore INS, so I stopped in to ask a few questions about the next phase of our process once my fiance gets his K-1 visa and comes over to marry me (knock wood- we're waiting on his interview date) After waiting 1-1/2 hours to ask 5 questions, I was told we needed to call the INS to order the I-485 packet, which will be sent to Vermont- "they haven't processed AOS forms at the Baltimore office since 1994". As far as Advanced Parole, as shown on their website, we will apply for that in person at the Balimore office once we have the recipt from Vermont that says they are processing our AOS forms- which could take even 2 months or more from the time we mail it according to Miss Lady at the Baltimore office. (Pity- my K-1 receipts came in such a timely manner...)
In any case, in regards to the 90 day EAD- I was told, my fiance turns up there with his i-94 work authorization, fills out a form and makes an appt. They will then schedule him to return at a later time- they only process them one day a month. The day he turns up for the appt, it will be issued to him the same day. Once we file AOS, once we're married, then he'll get the 1 year one in the mail- hopefully within 90 days.
Here's my question- Let's say my fiance arrives in the beginning of June, we apply for the 90 day EAD (and the Social Security Card, of course :-) ), and they give him an appointment to come back next month on the day they are actually processing them. Meanwhile, we get married and go on our honeymoon, come back and send off our AOS papers to Vermont, then he gets called in to the Baltimore office for his appt. to get his 90 EAD. The fact we are now married doesn't affect his eligability for his 90 EAD does it? I wouldn't think so since he will have applied for it before we actually became married and the K-1 visa is good for 90 days and we will still be in that 90 limit, wouldn't you think? Also- we gotta pray they won't schedule it for the week we'll be away on our honeymoon.
I'm also trying to schedule our whole wedding/sending in AOS thing as soon as possible after he arrives to try to minimize the amount of time he might be out-of-status to work.
By the way- when I started to ask the lady questions- she retrieved the letter I had sent her that I got off of Alvena's website- the one requesting information that was originally penned by Matt Udall (and changed to suit me in Word). She was like- "are you the woman who sent this letter?- I was just going to write you back and tell you to come in in person- we don't have time to personally answer lengthy questions like these thru the mail"
So there ya' go!
Anyway- any input re. the 90 EAD would be greatly appreciated!
Thanks,
Beth

\John\

Interesting question, and I'll take the first shot at trying to answer it for you,
but I don't think you'll like it. "Rose" and I got married BEFORE we even made the
initial application for the 90 day EAD. When we went to the INS office (within 30
days after she arrived in the states) to apply for it we were told that "Rose" was no
longer in K-1 status but pending AOS instead (since we were married) and she was not
eligible for the 90 day EAD any longer. In your case, I'm not sure what will happen.
Even though you will not have married when you apply, you will have married by the
time of your appointment. It is probable they will ask if you have married when you
go for the appointment and if you answer "yes" then you might meet with the same fate
as we did. If you lie and say "no", then you will most likely get the EAD - but you
take a risk of getting caught later, with unknown consquences. I know this might not
be much help, just wanted to give you our experience if it would help you prepare for
a possible problem. One of the other verterans of the group might have a better
answer for you

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ms_bhon

I just rang the INS helpline. A woman, Judy, told me that they will stamp his passport work authorized if asked, and he doesn't even need the 90 day EAD card to be able to work. Should I believe her? He will be flying in to BWI Airport.
Beth

ms_bhon

Okay- after much hemming and hawing, and calling about 10 different numbers, I got in touch with a real, live (even helpful) woman at the Balmer office.
She told me that as long as he puts in an application (765) for the 90 day EAD, before he marries and files for AOS, then it won't matter that when he comes down to get it he will be married w/ AOS pending- they will issue it either way. whew... I called BWI airport INS and was told that they will, in fact, stamp the passport "work authorized".
As far as him being able to work with only the stamp, (and SS card) she told me that for some employers its enough, but some require the stamp and the card and "its better to be safe than sorry". So, I hope this is helpful information for others out there as well as myself. Knowledge is power, eh?
Beth

Grinch

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No. She was drunk

Grinch

\John\

According to the POE rolling list, an entry for BWI on Feb 22nd of this year did not
receive the stamp - but maybe they didn't ask. Please let the group know if he does
get the stamp at BWI since we are only aware of JFK that does this any longer and
this would indeed be helpful information.. Also, the stamp *should* be sufficient to
obtain employment but it certainly wouldn't hurt any to get the EAD as well. I would
follow the advice the INS person gave you and go for the card too. You did a good job
finding out about the issue I raised. Good luck to both of you.

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