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Fiance wants to work without EAD

Fiance wants to work without EAD

Old Sep 24th 2002, 1:03 pm
  #1  
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Default Fiance wants to work without EAD

My fiance does not need to work because until we are married in Nov. I can support the both of us. The problem is that he is bored and feels horrible that he is not working (he is a man afterall). I told him to try to wait for the EAD after we are married, it didn't make since to apply for a temporary one if it take up to 90 days to receive. We can not get married before then as we have the wedding planned out.

Any suggestions on how to convince him that he shouldn't try to find work illegally. He is here on a K1. If he found a job that paid cash will that cause problems later down the road?

Thanks
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Old Sep 24th 2002, 5:41 pm
  #2  
Targaff
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Default Re: Fiance wants to work without EAD

kjdrga wrote in news:423753.1032872613
@britishexpats.com:

    > My fiance does not need to work because until we are married in Nov. I
    > can support the both of us. The problem is that he is bored and feels
    > horrible that he is not working (he is a man afterall). I told him to
    > try to wait for the EAD after we are married, it didn't make since to
    > apply for a temporary one if it take up to 90 days to receive. We can
    > not get married before then as we have the wedding planned out.

You know, I feel like that as well, and it's really irritating (I arrive
next week, wedding is in December). Personally I can't understand the
justification in not allowing them to work, since a decision has already
been made on the part of the INS to let them in in the first place...
it's just illogical to not permit someone to work.

Anyhow, the main incentive to not working really are the consequences if
he gets found out, basically... I don't know the specifics of what those
involve, but as you no doubt know, it's essentially illegal and he'd
probably get treated the same as anyone else working without a permit. If
that's a risk he and you want to take, then that's your call really, but
I'd advise against it simply because of the potential of his gain short-
term screwing up what you're aiming for long-term.

I wonder if the same laws apply to studying, incidentally? It might be
possible, if they don't, for him to take some sort of study course to
keep himself occupied, if you can afford for him to do that... best have
someone else advise you on the legalities of that one.

--

Targaff
 
Old Sep 24th 2002, 7:40 pm
  #3  
Chris
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Default Re: Fiance wants to work without EAD

Since you can afford to support the both of you, rather than have him do
anything illegal like work before he gets his EAD, why doesn't he go and
volunteer somewhere, go to a homeless shelter or a foodbank.. blind centers,
Bigbrothers & Sisters, Hospitals, there are -thousands- of places that need
volunteers. He'll feel better about not doing anything and actually get to
help someone out, win win situation

Chris.

"Targaff" wrote in message
news:Xns9293BE4B7A9A-
[email protected]
...
    > kjdrga wrote in news:423753.1032872613
    > @britishexpats.com:
    > > My fiance does not need to work because until we are married in Nov. I
    > > can support the both of us. The problem is that he is bored and feels
    > > horrible that he is not working (he is a man afterall). I told him to
    > > try to wait for the EAD after we are married, it didn't make since to
    > > apply for a temporary one if it take up to 90 days to receive. We can
    > > not get married before then as we have the wedding planned out.
    > You know, I feel like that as well, and it's really irritating (I arrive
    > next week, wedding is in December). Personally I can't understand the
    > justification in not allowing them to work, since a decision has already
    > been made on the part of the INS to let them in in the first place...
    > it's just illogical to not permit someone to work.
    > Anyhow, the main incentive to not working really are the consequences if
    > he gets found out, basically... I don't know the specifics of what those
    > involve, but as you no doubt know, it's essentially illegal and he'd
    > probably get treated the same as anyone else working without a permit. If
    > that's a risk he and you want to take, then that's your call really, but
    > I'd advise against it simply because of the potential of his gain short-
    > term screwing up what you're aiming for long-term.
    > I wonder if the same laws apply to studying, incidentally? It might be
    > possible, if they don't, for him to take some sort of study course to
    > keep himself occupied, if you can afford for him to do that... best have
    > someone else advise you on the legalities of that one.
    > --
    > Targaff
 
Old Sep 24th 2002, 7:48 pm
  #4  
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Default Re: Fiance wants to work without EAD

I wonder if the same laws apply to studying, incidentally? It might be
possible, if they don't, for him to take some sort of study course to
keep himself occupied, if you can afford for him to do that... best have
someone else advise you on the legalities of that one.

--

Targaff
[/SIZE][/QUOTE]

He is actually taking English classes during the morning 5 days a week. I try to explain the risk to him, but coming from a poor country where the US dollars goes further in daily life I think it is hard for him to put into perspective the thought of sitting around and not doing anything.

I think the employer would be the one who is slapped with fines for hiring someone without an EAD, so I wonder what the consiquence is for the employee?

Also with so many people working illegal in our area it is hard for him to see the difference between him and them. He of course came here with a visa, the other probably gave thier life saving and struggled across the border to make a better life for themselves.
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Old Sep 24th 2002, 8:30 pm
  #5  
Caroline & Matt
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Default Re: Fiance wants to work without EAD

Hey,

Here are a couple thoughts.

1) If it really drives him nuts to not be able to work (I can
understand that!) and he would be able to find work really fast, look
into whether your INS office processes same day EAD (some offices
still do that). This way, he could at least work up until you file his
AOS.

2) Depending on what kind of job he is looking for, it can take a long
time, so if that is the case, you can suggest him to start researching
companies and looking for what type of jobs they are offering. Pretty
much he would be looking for a job saying that he would be able to
start in x months, and at least, he could start interviewing.

3) Maybe there is something that he really likes doing, and he could
volunteer to do that (as long as he doesn't get paid, to my knowledge,
there is no problem). I am not sure what his situation is, but if I
couldn't work because of EAD problems (and it looks like it is
coming...), I would ask if I could keep working on my research, even
if I don't get paid for it.

4) Maybe, you can keep him busy by asking him to start gathering,
filling out and assembling all the papers for the filing the AOS (that
sure takes time!). That might help him tolerating the wait better...

5) How long do you still have to wait?

I would definitely not try to get a job illegally whether it pays cash
or not. If he got caught, he would be in really big troubles. Good
luck!

Caroline
 
Old Sep 25th 2002, 8:55 am
  #6  
Targaff
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Default Re: Fiance wants to work without EAD

kjdrga wrote in news:424119.1032896912
@britishexpats.com:

    > I think the employer would be the one who is slapped with fines for
    > hiring someone without an EAD, so I wonder what the consiquence is for
    > the employee?

Deportation or some such, probably.

    > Also with so many people working illegal in our area it is hard for him
    > to see the difference between him and them. He of course came here
    > with a visa, the other probably gave thier life saving and struggled
    > across the border to make a better life for themselves.

Yeah, that's the difference right there: they have nothing to lose by
working whereas he has everything to lose.

--

Targaff
 
Old Sep 25th 2002, 1:45 pm
  #7  
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Default Re: Fiance wants to work without EAD

I know where he is coming from, I moved to the US August 2001, married my wife Nov 2001, but yet find myself still unable to work, as am still waiting to hear from INS. The last I heard, Visa Aplications were on hold, due to 9/11/01. With this now being 9/25/02, I would like to know what the hold up is. I am a British Citizen, trying to become a US Citizen, so can they not speed the process up?
Out of work now for some 14 months, I am going nuts. I can't work yet, I have looked into studying, but am asked for either a Social Security number, or a Student Visa.

I at times, just wish my wife had moved over to England, instead of me to America
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Old Sep 25th 2002, 2:58 pm
  #8  
mca
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Default Re: Fiance wants to work without EAD

Originally posted by mcgr75:
... I moved to the US August 2001, married my wife Nov 2001, but yet find myself still unable to work, as am still waiting to hear from INS. The last I heard, Visa Aplications were on hold, due to 9/11/01. With this now being 9/25/02, I would like to know what the hold up is. I am a British Citizen, trying to become a US Citizen, so can they not speed the process up?
Out of work now for some 14 months, I am going nuts. I can't work yet, I have looked into studying, but am asked for either a Social Security number, or a Student Visa.
Sorry, but I don't understand your situation. You filed AOS and for an EAD after getting married, but have still not received it (the EAD)? Did you come on a K-1? Just asking for clarification ... :)

Thanks,
mca
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Old Sep 25th 2002, 4:56 pm
  #9  
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Default Re: Fiance wants to work without EAD

Originally posted by mcgr75:
I know where he is coming from, I moved to the US August 2001, married my wife Nov 2001, but yet find myself still unable to work, as am still waiting to hear from INS. The last I heard, Visa Aplications were on hold, due to 9/11/01. With this now being 9/25/02, I would like to know what the hold up is. I am a British Citizen, trying to become a US Citizen, so can they not speed the process up?
Out of work now for some 14 months, I am going nuts. I can't work yet, I have looked into studying, but am asked for either a Social Security number, or a Student Visa.

I at times, just wish my wife had moved over to England, instead of me to America
Sorry but your post in regards does not make sense. If you are living in Michigan and have filed for Adjustment of Status you should have filed for the right to work via form I-765. Takes 90 days at the most to get this document and you can work. Also there is no hold on petitions in the US INS offices. They are being processed as quickly or as slowly as always with only a few encountering minor delays because of the IBIS name check. As for wanting to become a US Citizen, your first concern should be being a permanent resident and second getting an EAD which will allow you to obtain a social security card. I have a strong feeling that you or your know little to nothing about the immigration processing.

If you have any questions, ask away. A lot of knowledgable people here that will try to point you in the correct direction.

Rete
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Old Sep 25th 2002, 7:35 pm
  #10  
Caroline & Matt
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Default Re: Fiance wants to work without EAD

Hello,

I am not sure I quite understand what is happening here. I assume you
entered on a K-1 visa in August 2001, got married in November 2001,
and filed for adjustment of status/EAD/AP around November 2001. If
this is the case, you should definitely have heard from the INS by
now. They should have sent you a receipt for your application.

Why are you mentionning that "Visa applications were on hold" due to
9/11/01? Your work authorization has nothing to do with visas.

    > I am a British Citizen, trying to become a US Citizen, so can they not speed
    > the process up?

How come you are trying to become a US citizen? It was my
understanding that you had to be a permanent resident (for 3 years if
your greencard is marriage-based and 5 years if it is work-related or
other) before becoming a citizen. Since you can not work, you
apparently do not have the permanent residency status so I am confused
by that statement.

    >I have looked into studying, but am asked for either a Social
Security
    >number, or a Student Visa.

For international students, the school normally issues a student ID
number because international students don't have a SS# upon arrival in
the US, (plus I am not sure that everybody applies for a SS#). Anyway,
if you need a SS# for school, the school will give you a paper that
you can take to the SS administration and they will give you a SS#.
Now, about the student visa. You do not absolutely need s student visa
to study. If you are in the adjustment of status process, I know for
sure that you can attend school, because that is what I did. I was in
the US for 3 years on a J1 (working on my PhD), and when I got married
and filed my AOS, I notified the international center at the
university I was attending, and they just took note of it and wished
me luck. I had also checked before with the INS that the transition
between the J1, the AOS and the EAD would not be a problem, because I
was scheduled to defend my thesis a couple months after filing for
AOS... This is probably a question that you can have answered by the
INS National Customer Service.

Could you post more information on your case?

Caroline

    >I know where he is coming from, I moved to the US August 2001,
married
    >my wife Nov 2001, but yet find myself still unable to work, as am
still
    >waiting to hear from INS. The last I heard, Visa Aplications were on
    >hold, due to 9/11/01. With this now being 9/25/02, I would like to
know
    >what the hold up is. I am a British Citizen, trying to become a US
    >Citizen, so can they not speed the process up?
    >Out of work now for some 14 months, I am going nuts. I can't work
yet, I
    >have looked into studying, but am asked for either a Social Security
    >number, or a Student Visa.

    >I at times, just wish my wife had moved over to England, instead of
me
    >to America
 

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