EAD Denied!

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Old Aug 18th 2002, 11:06 pm
  #1  
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Location: Miami, FL - USA
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Default EAD Denied!

Well,

I entered in the US in May and did not receive the EAD at the POE, so after going to my local INS office (Miami) and waiting for 4 hours in the line to apply for an EAD card, I was told that I would have to file through the Service Center, which was the TSC. I was mad, but I thought it would be worth it....
Anyway, I wanted to work!!!!

After 68 days of waiting I received the "denial notice"! They explain in the letter that they cannot issue my EAD because my k-1 visa has expired. I could not believe that. They take 500 years to open the freaking envelope with my petition and then they deny it? Actually the envelope was opened 2 days after mailled it because they were smart enough to get the check ($120) and cash it.
It was my right to receive this EAD card at the POE for FREE!
I was stupid to trust them. It was a waste of time and money.

Three and half months had passed and I can't work? How long should I wait more to be treated like a human being? I applied for the SSN card and they did not take a week to send me this. Why? Because this means that I will pay taxes!!!

Everything has been so hard for me in the US that sometimes I want to pack my things and run away to my country, but my love speaks louder and despite of all these things I am going thru, I am happy with my husband...

Anyway, I am filling the paperwork for the AOS in 2 weeks and I wonder if I have to file for the EAD and pay the $120 again!
Any advice and "comfort" would be appreciated!

Marcela
Marcela is offline  
Old Aug 18th 2002, 11:52 pm
  #2  
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Default Re: EAD Denied!

Yes you will have to file the I-751 with your AOS paperwork and again pay the fee. There are very few POEs that give the temporary 90 day EAD and that is all you were entitled to. Unfortunately, if you had asked on the newsgroup before sending to the service center, everyone here would have told you not to do it. The local INS office does not have to give you the temporary EAD although there are a few around that will. I'm sorry for your troubles and sorrier still to add to it. It might be another 90 days after filing before you get the one year EAD from Miami.

Rete

PS If you know the EAD was for free, why did you write a check for the fee and mail it to the service center with the I-751?
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Old Aug 19th 2002, 10:07 am
  #3  
Des
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Default Re: EAD Denied!

Marcela,

unfortunately, you'll have to file for a 1-year EAD with your AOS. The initial time
period on the K-1 is only valid for three months, as you are required to file for AOS
in that timeframe. This means, of course, another check for USD 120, and another
90-day wait...

- Des
 
Old Aug 19th 2002, 4:54 pm
  #4  
Skirrit
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Default Re: EAD Denied!

Hi,

Don't worry about it too much. I did the same thing. Unless you follow this newsgroup
or are really into the details it's an easy mistake to make in my opinion.

You basically applied for a work permit to use before you got married, in the 90 days
you're here on a K-1, before you adjust status. I don't know why this is even
possible because it takes them three months to process it. I assume they make good
money this way.

After I understood what had happened I just went down to the INS office and I played
dumb. I asked why it would be refused since I met all the requirements. The lady
there said she had no idea, I played dumb some more, paid the fee again, waited in
line and walked out with my EAD 45 minutes later. While you're at it you may want to
enquire about your I-485. If you're lucky they'll put you on top of their to-do pile.

Take care.


"Marcela" <[email protected]> wrote in message news:[email protected]...
    > Well,
    > I entered in the US in May and did not receive the EAD at the POE, so after going
    > to my local INS office (Miami) and waiting for 4 hours in the line to apply for an
    > EAD card, I was told that I would have to file through the Service Center, which
    > was the TSC. I was mad, but I thought it would be worth it.... Anyway, I wanted to
    > work!!!!
    > After 68 days of waiting I received the "denial notice"! They explain in the letter
    > that they cannot issue my EAD because my k-1 visa has expired. I could not believe
    > that. They take 500 years to open the freaking envelope with my petition and then
    > they deny it? Actually the envelope was opened 2 days after mailled it because
    > they were smart enough to get the check ($120) and cash it. It was my right to
    > receive this EAD card at the POE for FREE! I was stupid to trust them. It was a
    > waste of time and money.
    > Three and half months had passed and I can't work? How long should I wait more to
    > be treated like a human being? I applied for the SSN card and they did not take a
    > week to send me this. Why? Because this means that I will pay taxes!!!
    > Everything has been so hard for me in the US that sometimes I want to pack my
    > things and run away to my country, but my love speaks louder and despite of all
    > these things I am going thru, I am happy with my husband...
    > Anyway, I am filling the paperwork for the AOS in 2 weeks and I wonder if I have to
    > file for the EAD and pay the $120 again! Any advice and "comfort" would be
    > appreciated!
    > Marcela
    > --
    > Marcela
    > Posted via http://britishexpats.com
 
Old Aug 19th 2002, 5:29 pm
  #5  
Mjones
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Posts: n/a
Default Re: EAD Denied!

Nice explanation. A number of years ago (more than six), the I-765 had a "no fee"
classification for the K1 EAD, which, as now, is a different classification than an
AOS EAD. A number of local INS offices will still give a free 90 day EAD to a K1, you
gotta go there and ask. Back when the SSA wrote "The Memo" that made it look like a
K1 doesn't need an EAD, I wrote to San Antonio INS to ask about it. The answer was
yes, K1s need an EAD, but K1s were encouraged to come by the office immediately after
entry and get the free 90 day EAD. Mike

"Skirrit" <[email protected]> wrote in message news:[email protected]...
    > Hi,
    > Don't worry about it too much. I did the same thing. Unless you follow
this
    > newsgroup or are really into the details it's an easy mistake to make in
my
    > opinion.
    > You basically applied for a work permit to use before you got married, in the 90
    > days you're here on a K-1, before you adjust status. I don't know
why
    > this is even possible because it takes them three months to process it. I assume
    > they make good money this way.
    > After I understood what had happened I just went down to the INS office
and
    > I played dumb. I asked why it would be refused since I met all the requirements.
    > The lady there said she had no idea, I played dumb some
more,
    > paid the fee again, waited in line and walked out with my EAD 45 minutes later.
    > While you're at it you may want to enquire about your I-485. If you're lucky
    > they'll put you on top of their to-do pile.
    > Take care.
    > "Marcela" <[email protected]> wrote in message news:[email protected]...
    > >
    > > Well,
    > >
    > > I entered in the US in May and did not receive the EAD at the POE, so after going
    > > to my local INS office (Miami) and waiting for 4 hours in the line to apply for
    > > an EAD card, I was told that I would have to file through the Service Center,
    > > which was the TSC. I was mad, but I thought it would be worth it.... Anyway, I
    > > wanted to work!!!!
    > >
    > > After 68 days of waiting I received the "denial notice"! They explain in the
    > > letter that they cannot issue my EAD because my k-1 visa has expired. I could not
    > > believe that. They take 500 years to open the freaking envelope with my petition
    > > and then they deny it? Actually the envelope was opened 2 days after mailled it
    > > because they were smart enough to get the check ($120) and cash it. It was my
    > > right to receive this EAD card at the POE for FREE! I was stupid to trust them.
    > > It was a waste of time and money.
    > >
    > > Three and half months had passed and I can't work? How long should I wait more to
    > > be treated like a human being? I applied for the SSN card and they did not take a
    > > week to send me this. Why? Because this means that I will pay taxes!!!
    > >
    > > Everything has been so hard for me in the US that sometimes I want to pack my
    > > things and run away to my country, but my love speaks louder and despite of all
    > > these things I am going thru, I am happy with my husband...
    > >
    > > Anyway, I am filling the paperwork for the AOS in 2 weeks and I wonder if I have
    > > to file for the EAD and pay the $120 again! Any advice and "comfort" would be
    > > appreciated!
    > >
    > > Marcela
    > >
    > > --
    > > Marcela
    > >
    > >
    > > Posted via http://britishexpats.com
    > >
 
Old Aug 19th 2002, 6:00 pm
  #6  
Skirrit
Guest
 
Posts: n/a
Default Re: EAD Denied!

    > A number of local INS offices will still give a free 90 day EAD to a K1,
you
    > gotta go there and ask. Back when the SSA wrote "The Memo" that made it
look
    > like a K1 doesn't need an EAD, I wrote to San Antonio INS to ask about it. The
    > answer was yes, K1s need an EAD, but K1s were encouraged to come by
the
    > office immediately after entry and get the free 90 day EAD.

I agree, but the problem is with the INS website. Under where to file they mention
the Service Center next to the District/Sub-Office and if you mail everything to the
service center, they'll just process it and deny it, and they're within their right
to do so. It's just a little confusing.

Maybe it's different for other visas, but I don't think it's possible to get a EAD
from the service center. Maybe you'll get one from your local INS office, but you'd
better bring a lot of documentation to explain to them how you're entitled.


$120 poorer Skirrit,
 
Old Aug 19th 2002, 6:16 pm
  #7  
Mjones
Guest
 
Posts: n/a
Default Re: EAD Denied!

Well, its hurts, and quite frankly, folks outside the NG learn bad news before they
join us here. The NG has known since Day One that sending the 90 day EAD application
to the Service Center is a waste of money. Not that we don't feel bad about those who
lose the money. We do. Its even mentioned in the FAQ. You are correct in how you
feel, and let me make it stronger....it is IMPOSSIBLE fora K1 to get a 90 day EAD
thru the Service Center. The thing about the local offices giving out free 90 day
EADs is just something we learned about over time. Its not official or anything, some
offices do, some don't, and you won't find anything about it on the INS site, because
officially, a free 90 day EAD doesn't exist. Mike

"Skirrit" <[email protected]> wrote in message news:[email protected]...
    > > A number of local INS offices will still give a free 90 day EAD to a K1,
    > you
    > > gotta go there and ask. Back when the SSA wrote "The Memo" that made it
    > look
    > > like a K1 doesn't need an EAD, I wrote to San Antonio INS to ask about
it.
    > > The answer was yes, K1s need an EAD, but K1s were encouraged to come by
    > the
    > > office immediately after entry and get the free 90 day EAD.
    > I agree, but the problem is with the INS website. Under where to file they mention
    > the Service Center next to the District/Sub-Office and if you mail everything to
    > the service center, they'll just process it and deny it, and they're within their
    > right to do so. It's just a little confusing.
    > Maybe it's different for other visas, but I don't think it's possible to
get
    > a EAD from the service center. Maybe you'll get one from your local INS office, but
    > you'd better bring a lot of documentation to explain to them
how
    > you're entitled.
    > $120 poorer Skirrit,
 
Old Aug 19th 2002, 7:34 pm
  #8  
Skirrit
Guest
 
Posts: n/a
Default Re: EAD Denied!

    > Well, its hurts, and quite frankly, folks outside the NG learn bad news before they
    > join us here.

That's certainly true. I would've avoided many a problem if I had known about the
newsgroup from the start. But I guess it worked out in the end.

    > The NG has known since Day One that sending the 90 day EAD application to the
    > Service Center is a waste of money. Not that we don't feel bad about those who lose
    > the money. We do. Its even mentioned in the FAQ. You are correct in how you feel,
    > and let me make it stronger....it is IMPOSSIBLE fora K1 to get a 90 day EAD thru
    > the Service Center.

So it *is* all a big scam

Take care, Skirrit
 
Old Aug 20th 2002, 3:24 am
  #9  
Bryan
Guest
 
Posts: n/a
Default Hi Marcela

Hello Marcela,

Fiquei alegre ao ver sua mensagem estava pensando como iria entrar em contato. Eu
sinto muito com relacao a situacao de trabalho, pois eu te digo, eu estou na mesma, e
me sinto do mesmo jeito. Ainda hoje falei pro Bryan: eu quero ir embora, mas como
voce mesmo disse, o sentimento por eles fala muito mais alto. Meu email e
[email protected] . Entre em contato. Grande abraco

Ana

Marcela <[email protected]> wrote in message
news:<[email protected]>...
    > Well,
    > I entered in the US in May and did not receive the EAD at the POE, so after going
    > to my local INS office (Miami) and waiting for 4 hours in the line to apply for an
    > EAD card, I was told that I would have to file through the Service Center, which
    > was the TSC. I was mad, but I thought it would be worth it.... Anyway, I wanted to
    > work!!!!
    > After 68 days of waiting I received the "denial notice"! They explain in the letter
    > that they cannot issue my EAD because my k-1 visa has expired. I could not believe
    > that. They take 500 years to open the freaking envelope with my petition and then
    > they deny it? Actually the envelope was opened 2 days after mailled it because
    > they were smart enough to get the check ($120) and cash it. It was my right to
    > receive this EAD card at the POE for FREE! I was stupid to trust them. It was a
    > waste of time and money.
    > Three and half months had passed and I can't work? How long should I wait more to
    > be treated like a human being? I applied for the SSN card and they did not take a
    > week to send me this. Why? Because this means that I will pay taxes!!!
    > Everything has been so hard for me in the US that sometimes I want to pack my
    > things and run away to my country, but my love speaks louder and despite of all
    > these things I am going thru, I am happy with my husband...
    > Anyway, I am filling the paperwork for the AOS in 2 weeks and I wonder if I have to
    > file for the EAD and pay the $120 again! Any advice and "comfort" would be
    > appreciated!
    > Marcela
 

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