Hey everyone,

I have searched for the answer to this question but have been left a little bit confused. When I enter the US on a K1 will I be able to work before the adjustment of status is finalized? I remember reading about a temporary work permit being issued if you enter through New York but is this the case for other POA's? Los Angeles for example?

I can't afford not to work for months while we wait for AOS to come through.

Any advice would be great, am feeling a bit panicked even though its far off!

AOS is different from Employment Authorization. AOS will allow you get your green card, and obtain permanent residence. Employment Authorization, form I-765 will need to be filed to obtain permission to work in the US.

You will need to file both form I-765 for employment, and form I-485 to adjust status once you're married. The approval of I-765 is nearly instant so you can work before AOS.

If you entered the USA through JFK airport you may have had a 90 day EAD stamp on your passport, if not you need to file for EAD, which can take about 90 days to get. When you have EAD you can work. Also K-1 can apply for SSN shortly after entry or after getting EAD. SSN is not authorization to work, only EAD or Green-Card authorizes work.

SEE:

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead
http://www.visajourney.com/forums/index.ph...om&page=ssn

Just to clear this up, once you have your Green Card, you are employment authorised. The EAD (I-765) is just a temporary employment authorization that allows you to work while you're waiting for your Green Card to be approved.

Thanks for the advice everyone! I am a long way away from doing any of this yet but just wanted to check.

how long does it take for most people to receive EAD? Is JFK the only airport that issues them?

Thanks!

It usually takes 3-4 months to receive an EAD. I believe it's DFW (Dallas Fort Worth) that has issued them, but not with any consistency. JFK is the only airport that issues the stamp with any consistency.

You start counting once you file the AOS with the EAd applications. Can take 2-4 months. How soon you file the AOS and EAD after your fiance arrives is up to you. We were able to file ours less than a month after entry (could have sent it in a little quicker if we had wanted but it does take a little time after arrival to get everything together to mail.

JFK is the only airport that seems to be issuing the temp EAD.

meow mix,

I think it's Houston that's been known to use the EA stamp, not Dallas-Fort Worth. But I agree that JFK is the only airport that can be counted on.

The two land crossings in to Detroit - the Ambassador Bridge and the Windsor Tunnel - have also been know to use the stamp.

Yodrak

Thank you so much for the information guys, that really helps a lot.

Do you know how likely you are to get a temporary stamp if you enter via JFK? Does it just depend on the officer you get? Or is it pretty much guaranteed?

Thanks

Last week we went to the local Houston office because we had heard that too. They told us they no longer issue the EAD and we should file with the AOS paperwork.




You may have to ask because it is not given automatically every time.

There is no guarantee, and they can discontinue the practice at any time just like the other POEs.

Oops. My company is based at DFW so maybe that's why I thought it was DFW. Well, either way, don't count on any POE other than JFK is the end result.

Form I-765 can now be filed online.

Yeah, but you still have to mail them photos, so the question is: what's the point of filing online?

In fact if you're filing for AOS, you're better off including I-765 with that packet, rather than filing online.

They only need the picture to be on the green card. Thought filing online would be quicker way to have the paperwork processed. Then, when the pictures are mailed, it'll be scanned in. Do whatever you think is fastest.

No, your picture is on the EAD Too.

There is no evidence of this that I am aware of.

Actually they don't use the photos you send them, they use the photo they take at the biometrics appointment. Presumably the photos you send them are for their uses alone.

AOS is not the same as EAD, and there's no evidence that filing paper is quick either.

Right...?

Well I think there is a lot to be said for the AOS and EAD being included in the same envelope. I know someone who submitted AOS and then submitted EAD online, thinking online must be quicker, and it caused him no end of trouble.

Case by case is different. EAD is an option, not a requirement. AOS, however, is important to get a green card. As far as internet filing, directions are necessary to proper filing. I filed many things with the US government online, and I have not experience problems.

mybackpages,

Thanks for the update.

Yodrak

Really? I didn't realise.

dr_lha,

For a K3 there's a lot more to be said for applying for an EAD prior to applying for adjustment. (Granted, the OP of this thread is a K1, but some of the other thread participants are not.)

Agreed that on-line filing of applications that need to have supporting documents sent by post have the potential for problems, because nothing is going to happen with the on-line submissions until (and unless) the supporting material has been received and matched up with the application.

Yodrak

deleted - duplicate post

Yeah, for a K3 where there is no specific rush to file AOS, an EAD before AOS only is a good option, true.

Um.

Aren't you normally regularly complaining about DOS/USCIS/DHS and how messed up they are?

Did they suddenly win you over? Or are you just trying to win an argument?

this post has been moved from the K-1 discussion group

i dont think this one was moved, but i have seen 3 posts you made stating this. what has happened?