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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

Rusty Englishman
Good Afternoon VJers.

Rusty here, still awaiting my NAO2 from CSC, i am over the average waiting time and if i dont get it soon i may be forced to jump out of my office window, but thats another story.

I am trying to work out costing for my move, i mean yeh i know roughly when i will be going to the US to be with Dakotah (estimated July 09) however i am trying to work out how much money to take etc, and i have had some great information regarding the cost for the AOS (somewhere in the region of $1100) however what i cant seem to find on any of the guidance is the ability to work when i arrive. Yes, yes i know i can fly to NY and get a 90 day working visa thingy, im sure this only last until i file for AOS, which in my case will be 30 days after landing...when i file for AOS i have seen this little cheeky form "Application for Employment Authorization" it says it takes 45-90 days to be approved (shock horror!) so ultimately my question after all this wind is.

am i going to spend a period unemployed/not earning? is there a way around this? i mean we are only going to have $10k between us when i arrive and that wont go along way, as we need to find accomodation etc (however we plan to stay at her parents for a while) i would like to be working asap, she is already working so thats not a problem obviously. i just wonder in all of our infinite knowledge..anyone knows what the downtime is in not working per se.

Thanks for listening, please feel to use this to ###### about CSC as well. i wont mind.

Anyway Rusty out.
~Laura and Nick~

I've moved this to the working and traveling prior to getting a green card forum.

So yes, you are correct in the fact that some POE's give the 90 day work stamp. To me, it's pointless, you have to get a SSN number which takes probably a month to get (You go to the local SSN office about 8 to 10 business days after arriving in the U.S., file for your SSN card and wait, some have gotten it as quickly as 2 weeks, others have waited longer), and then there is the task of finding someone that will hire you for those remaining days, probably like 60. I guess you could just get a part time job, something quick and easy that you can quit at the drop of a hat.

Once your K1 visa is up (90 days) the work stamp you got at the POE is void as well. You get married, file for AOS ($1010.00) and included in that fee is your EAD (Work Authorization) and AP (Advanced Parole) so you should fill those forms out too and include it in the AOS filing.

The Work Authorization and AP take approximately 3 months to get, I know, it's crappy but it's simply how it is. You may get it sooner, sometimes later. It's a waiting game, just like your NOA2.

I hope you get yours soon!

Best of luck to you!!!
~Laura
Rusty Englishman
thanks for the speedy response,

so am i right in thinking i can still use the working "stamp" whilst i have filed for AOD, so thus reducing the time of not working to one month?

IE do they overlap? i was under the impression once i filed for AOS the temp working stamp would be invalid?

apologies if im being a stupid boy.
~Laura and Nick~
QUOTE(Rusty Englishman @ May 9 2008, 09:01 AM) *
thanks for the speedy response,

so am i right in thinking i can still use the working "stamp" whilst i have filed for AOD, so thus reducing the time of not working to one month?

IE do they overlap? i was under the impression once i filed for AOS the temp working stamp would be invalid?

apologies if im being a stupid boy.


That is something I do not know. I'm sure someone will be able to answer about the work stamp becoming invalid.
Maybe do a little searching using the search bar up above, you may find the answer.

You are not stupid at all, don't say that!!

Best of luck to you! smile.gif
Rusty Englishman
spent a good 30 minutes looking, cant seem to the answer i require...come on Vjers one of you must know..

can i have an AOS (with EAD application) pernding whilst still working under my 90 day work stamp from POE...??

one great british pound for the first right answer!
cellarlily
Yes. The 90-day EAD stamp is not null and void when you get married, nor when you apply for AOS. It expires on day 91 of you arriving in the US (that date will be stamped on your I-94 when you arrive). After that date you are not authorized to work until you get your 1-year EAD.

There is a possibility that if you get married right away and file for AOS practically the next day that you will get your EAD before those 90 days are up. It is highly unlikely, but you could try it. However, no employer has to keep you around if you're going to be out of status for any amount of time, even a day. If you're determined, it's worth a try. Above all, file for AOS as soon as humanly possible. Have your fiancee start the paperwork now so all you have to do is attach a copy of the marriage certificate and you're good to go.
~Laura and Nick~
QUOTE(cellarlily @ May 9 2008, 11:10 AM) *
Yes. The 90-day EAD stamp is not null and void when you get married, nor when you apply for AOS. It expires on day 91 of you arriving in the US (that date will be stamped on your I-94 when you arrive). After that date you are not authorized to work until you get your 1-year EAD.

There is a possibility that if you get married right away and file for AOS practically the next day that you will get your EAD before those 90 days are up. It is highly unlikely, but you could try it. However, no employer has to keep you around if you're going to be out of status for any amount of time, even a day. If you're determined, it's worth a try. Above all, file for AOS as soon as humanly possible. Have your fiancee start the paperwork now so all you have to do is attach a copy of the marriage certificate and you're good to go.


Great advice good.gif
motu
From a practical standpoint - i would suggest looking into applying for EAD ASAP (don't worry about the POE stamp unless your cost of coming through JFK is not too much more). Keep in mind that you may not be able to find a job right away either - the big R is here. Be prepared to be without a job for a few months and try to restrict your expenses - one way is by staying with family and not buying new car, house etc. before your EAD is issued and you have found a decent job. One way of still having fun on the cheap is watching TV, renting movies and drinking beer at home! Good Luck
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