Rete

Originally posted by NYState of Mind
    > Husband is not
American. So you get the authorization to work once the visa goes
through? So let me get this straight, technically you don't have to
phsically have the card in hand to work just the correct immigration
processes and papers in place so that s/he has the authorization to
work?
    >
    > Thanks Kady.


I don't know what the problem is.
Your husband and you like in the UK. You have legal right to remain.
So you file for his residency with the US Consulate in London, he
passes, he enters the US as a permanent resident and the green card
will be mailed to him at your parent's address after he enters the US.
In the interim he will have an I-551 stamp in his passport which is
the paper equivalent of the green card. The only thing he would be
missing is a social security number.

There are hundreds of thousands
of people who wish they have entry to the US as simple as your
husband's ;-)

Rete


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resu

Thanks for your answer. Well if employers turn you down just because you don't have a green card, then that would mean difficulties in finding a job with the EAD, right? From what I've heard, the GC is years down the road from the arrival on a K-1 visa. I thought the EAD made you fully work authorized?

I've read about the DCF thing but I'm afraid my case is too "complicated" with reference to my criminal record (see below), and I read somewhere that DCF is only for not complicated cases. Correct me if I'm wrong.

Peace,
Ola

meauxna

Oh, the EAD does make you fully work authorized. Barring some security level jobs (government or govt contractors), it is illegal for the employer to ask about your immigration status if you provide them with the (correct) information for Form I-9 (look it up).

I'd rather not state an opinion on "how" complicated your case is re: DCF. I will say that DCF is for the highly organized and well-informed.
best,
meauxna

resu

So they can't ask me about my immigration status, but they can ask me if I have a green card. What can I answer if I only have the EAD? I mean, obviously, that's not what they're asking for.

Ola
Sweden

Steff

It really depends on where your girlfriend lives for how long the process takes. We did the K-1 - my husband came over in March '03, and got his green card Oct. '03.

resu

She lives in Arkansas.

Where do you live?

Ola
Sweden

Steff

We are near Pittsburgh, PA. Here's the page with processing times on it:
https://egov.immigration.gov/cris/js...d=dioGZkKdAhAe

It says that Fort Smith, Arkansas has a 6 month wait- I don't know if thats where you would go though

Occl

Originally posted by Steff
    > We are near Pittsburgh, PA.
Here's the page with processing times on it:
    > ]https://egov.immigr-
ation.gov/cris/jsps/ptimes.jsp;jsessionid=dioGZkKdAhAe[/url]
    >
    > It
says that Fort Smith, Arkansas has a 6 month wait- I don't know if thats
where you would go though

Yeah unfortunately that's exactly
where I would go. 6 months wait for the EAD in Fort Smith? :( Can anyone
please confirm this?

Ola
Sweden


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ScousePete

The question on the I9 form asks:

I attest, under penalty of perjury, that I am (check one of the following)
A citizen or national of the United States
A Lawful Permanent Resident (Enter A#)
An alien authorized to work until: (Date) (Enter A#)

It also states:

It is illegal to discriminate against any individual (other than an alien not authorized to work in the US) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination

So, in other words, an employer can only ask if you are authorized to work in the US. They cannot deny you employment based on the type of visa that you have (as long as you are allowed to work)

resu

Thanks alot that was really good news. May I ask you what the I9 form is?

Also, this means I can fill out the same no matter if I have a GC, an EAD or even the POE 90-days work authorization stamp? Right?

Ola
Sweden

resu

Oh ok :/ Well I guess we'll have to wait 6 months for the Green Card then. But hopefully we will have the EAD a couple of months after marriage.

Thanks,
Ola

ScousePete

It's the form that you complete when you begin a job in the US

scrubbedexpat099

More like 4 months unfortunately, 91 days after receipt of application you can apply for a Temp EAD.

resu

The receipt of what application? I thought you could apply for the EAD right after wedding at the same time as you apply for AOS.

Thanks,
Ola

scrubbedexpat099

You apply for EAD, AoS, AP if you want it all at the same time.

They send you acknowledgement of receipt for the EAD.

Not aware of anyone who has had their EAD within 90 days of late, so on the 91st day you can go and apply for a Temp EAD.

Assuming Day 1 starts on your Marriage, you might be well organised and have everything ready apart from the Certificate, so say a few days to send, a week or two for them to receive and issue the Receipt, and then 91 Days and maybe a few more as some offices will only do it on certain days and/or require you to come back. to collect.