My wife and I are in a bind here and don't know what to do.

here's the story. We entered the US at JFK and she received a temp EAD. We got married but didn't file for AOS until AFTER filing for EAD (what a mistake!).

She got a job right as her temp EAD expired. We applied for her EAD at VSC about a month before her temp EAD and I-94 expired. Of course we were very concerned about the temp EAD expiring and her getting a job right around the same time so we went and spoke with the supervisor of the baltimore field office and she said that as long as she applied for the EAD she was OK to work. She was almost laughing at us for being so worried.

So my wife started working and everything has been OK until today. We applied for our AOS just a few weeks ago and it took over 2 weeks for the chicago lock box to cash the check and send us a receipt. We got the receipt for the AOS which was dated for Aug. 4th.

Today, we received a letter from VSC saying they were denying her EA based on her trying to gain employment beyond the time she was authorized to be here (her I-94 expired in july, 90 days after entry) and her visa expires in sept. This letter was dated Aug.7th.

ALSO, as of now the receipt number that was given to us on the NOA is not being found in the USCIS system online or on the phone. So to the VSC it appeared that we never filed for AOS but we clearly did BEFORE they denied us.

SO WHAT DO WE DO NOW? She has a job and we need the money from it. I told her to stop working immediately until we get it straightened out and I made an appt on infopass but the soonest we can go in is next week the 17th.

What will happen now? Can anyone help us please????

You didnt file for AOS??
What exactly were you thinking.

Your problems are your own doing. File for AOS and file for EAD based upon filing of the AOS.

ok a-hole. good answer. you are not required to file AOS and EAD at the same time. And for your information skippy, we didn't have the money at the same time ok?? understand?

OH boy..... you have made a mistake in filing for EAD based on her K1.... you should have filed for AOS and EAD together.... You need to file a new application for EAD based on her AOS not on her K1...

The temp EAD she got at JFK is only valid for 90 days and can not be renewed or extended... and she has to stop working and wait for her 1 year EAD that is filed for with the AOS or in your case after filing for AOS... This is one of the reasons why it is a waste of time getting the temp EAD and starting to work....

Kezzie

I don't think temporary EAD from JFK is a total waste -- me and Yacine are going to file for AOS and EAD right away but we are going to have no problem finding a job where he can work with an employer that has no problem firing him and re-hiring him until EAD is granted...

according to the baltimore district office, if you have a temp EAD and you file for an EAD before your temp expires then you can continue working. This is directly from the supervisor of the office.

this is not that big of a deal, I wasn't expecting sarcastic responses from the gallery. We're going in next week to straighten this out. I was just hoping someone else had a similar experience. I don't need to hear negativity right now...

It works out for somepeople.... they stop work and then restart when the EAD get approved but it can cause major problems with your employer and some people cant get a job at all as employers see they only have a few weeks that they can work.... But everyone to their own and if it work for you then go for it... if not then just spend the time waiting for the 1 year EAD as time to adjust to your new home....

Kezzie

Thanks for the info... We are going to adjust status right away and send the EAD along with it.

This is VJ, always expect sarcasm.

Hope everything works out for you... however I am still in the K-1 process for the time being so I can't be of much help.




Yes... I can see how it wouldn't work out for a lot of situations, but there are some where it can work.. I wouldn't dissmiss it as totally pointless. It pays to have a cool boss.. and depends on the nature of the job.

I'm assuming she entered the US as a K-1 and after your marriage you cannot apply for an EAD before the AOS. After a K-1 marriage, you can apply for AOS without applying for an EAD, but not vice versa (the EAD must be requested with or after the AOS is applied for).

Unfortunately, since the temp EAD has expired I doubt there is anything you can do at this point except to apply for the EAD now (with the code c9), and await the approval. You will need to submit a copy of the AOS I-797 with the EAD I-765. What has occurred with the EAD shouldn't affect the pending AOS.

note: To clarify (but doesn't apply to the OP, especially since the work stamp provided at JFK), a K-1 *CAN* apply for an EAD *before marriage* (as a code a6, I think) but it is a waste of time since it rarely is approved before the 90 days (K-1 expiration), or can receive the work stamp at some POEs (JFK, for instance).

You have to get a few things straight. A K-1 visa is valid for 6 months, but just for 1 entry. So it really doesn't matter what is written on the visa, because it is for the entry in the united states only. Nothing more - nothing less.
After that you have 90 days to get married and - to prevent to be out of status - to file the necessary papers.

I am always surprised about the excuse "lack of money." The fees are published on several websites. So it should be possible to plan that far ahead that you have enough money to file for the papers early enough and at the same time.

I was not trying to be negative.... I was trying to help you.. by explaining where you may have gone wrong.... but yeh the Baltimore office are right and our expirence is wrong....

You may want to read this post... http://www.visajourney.com/forums/index.ph...c=26399&hl=

The bit about being denided because the visa that allowed you to work is no longer valid.....

But I will return to the gallery and take my sarcastic self away from you....

Good Luck with your journey


Kezzie

I'm sorry stinger but you do not have to file for AOS within 90 days of entry. You are wrong about this.

Hey, I am sorry to hear of this situation that you are in. I think this was caused by some misunderstanding between you and the officer at the district office. i think that if I was in your situation I would make an infopass appointment and see if there is anything that they can do for you. I would also see if there is any way that once you get your NOA1 from USCIS if you can just reapply for an EAD using that as your evidence for filing for AOS. I hope that you can find a way to make this work and just ignore the rude comments...it happens. I learned its not worth your time to get worked up about it, just pay attention to the ones that matter


good luck!


Diana

He did not say you had to file within 90 days he said you have to marry within 90 days.......... and then if you do not want to be out of status you should file for AOS before the 90 is up.... but yes you can file for AOS at any point after the 90 days but you will be out of status until you have filed.....

Kezzie

newbie,

Your wife filed her application for an EAD on the basis of being a K1 (category a6). Her K1 status expires 90 days after entry, at which time her eligibility for an EAD as a K1 expires as well. So an application based on K1 status filed late in the K1 period is going to be denied.

Your wife is now an adjustment applicant, category c9 for EA. She needs to file an I-765 on that basis.

She does not necessarily have to stop working unless her employer tells her to. It's the employer's responsibility to keep track of her EA status. You and she may feel morally obligated to fulfill the employer's responsibility for them, but that's your choice to make.

Yodrak

good answer and the correct answer...dont have the money??..that sucks..but part of bringing your SO here is to be responsible and take the necessary actions to ensure that you will have a life together. Didnt file for AOS...your decision and now you know the consequences...thats the way it is. You can file at the same time or wait until you receive the receipt from the I-485.

The earlier that you file the earlier that you will receive the EAD.

Call me what you wish,,,but you guys caused you own problems...maybe you can blame it on Geo Bush

especially filing in the first place when you didnt need to file for EAD, as she had the work stamp in her passport. They only had to get married and file for another EAD so that there would be no interruptin in her job.

Oh well....not my problem

Thank you for the intelligent answer! We made an infopass appt for this tuesday and hopefully can straighten it out then.

We definitely want to do the right thing morally and don't want to take any chance at all of her working possibly illegally. So it looks like we'll have to file EAD again and pay the fee. We're praying that on Tuesday they can issue us an EAD since we had been waiting for almost 90 days anyway but we're not getting our hopes up...

Thanks for the advice Yodrak...

Now I am more confused... you say you will have to file for a new EAD.... but then go on to say you have been waiting 90 days... you wont get a EAD at infopass unless it is more than 90 days since you filed for EAD... it does not matter how long ago you filed for AOS...

Good Luck

Kezzie

I applaud you for your comment. I don't understand why this happens. Both parties should make sure they have the money before even coming here in my opinion. You know that this needs to be done and then get upset when things dont go the way one expects. (General comment not directed at anyone)




Newbie you are correct but you have to apply for AOS before EAD or file them together. The work authorization from the airport is not an EAD.

quote name='newbie2k6' date='Aug 10 2006, 10:32 PM' post='371402']
[quote name='stinger157' post='371379' date='Aug 10 2006, 10:25 PM']
After that you have 90 days to get married and - to prevent to be out of status - to file the necessary papers.

[/quote]


I'm sorry stinger but you do not have to file for AOS within 90 days of entry. You are wrong about this.
[/quote]

frndly,

If you are referring to the stamp placed on the I-94 at a few POEs - yes it is an EAD. Valid for 90 days.

Or perhaps it would be more accurate to say that the I-94 carrying the stamp is an EAD.

Yodrak

If they issue an EAD you will be breaking new ground, never seen that happen.

Seems like you asked a question, were given the correct answer, not to your taste.

No need to shoot the messengers.

newbie, that is not correct.
Or rather, it is not correct if someone wants to stay inside the rules. After 90 days, the K-1 has no legal status in the US until the I-485 is accepted. That event is commonly called "filing for AOS".