Hi

I have been offered employment, which I really need to accept due to financial constraints. The issue is that I applied for AOS (based on marriage) and I my EAD application is on day 64.

I am going to immigration tomorrow to plead with them to give me an interim EAD. Whilst I recongise I am still within the 90 days what do you think my chances are of recieving a card ?

Has anyone else been successful ? I have heard that you can recieve expedition based on financial harm. Not accepting this employment will not just damage me but also my US Citizen wife.

Sorry to hear you are having financial problems.... I dont hold out much hope of you getting the interim EAD before your 90 days are up....

I have never known anyone get one... most people are told to come back after the 91st day if they have not heard anything....

Good luck and let us know what happens....

Kezzie

I think we're all in that boat.

I've never heard of it happening either.

You can forget it... they won't do anything until the 91st day... As they say, poor planning on your part does not make an emergency on my part...

understand your points.

bUT USCIS post this http://uscis.gov/graphics/fieldoffices/nbc...tiousprocessing

How can applicants request expeditious processing of a case filed with the NBC?
Customers or their representatives requesting expedited processing should first contact their local Field Office. The Field Office will then channel meritorious requests through the established points of contact at the NBC for further action.

Initally it talks about AP but then I also notice this :

http://uscis.gov/graphics/fieldoffices/expedited.htm

The criteria are as follows:

Severe financial loss to company or individual.

Extreme emergent situation.

Humanitarian situation.

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States.

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)
USCIS error.

Compelling interest of USCIS.


Note the first point.

I am not holding out much luck but it's worth a shout.

Poor planning ...

What are you meant to do - Marry the day you arrive in the US ?

Because that is the only way you could not have overlap !!

No .. it means having the proper expectation that you will not be able to work until you get an EAD and making preparations for having only one breadwinner for a period of 5 to 6 months..

yep get married as soon as you step off the flight... collect your marriage certificate as you leave the airport.... file your AOS papers on the way home.... and then your EAD will be approved before the 90 days... BUT as you will not have had your biometrics done you will still have to wait until the 91st day....

We have all had to endure the long wait to work some longer than others....


Kezzie

Leroy,

The affidavit of support that your Fiancee signed will rule you out of being able to use the "Severe financial loss to company or individual" card in your pleadings with the USCIS. If you Fiancee is unable to support you until your EAD is approved then perhaps that is more of an oversight in your own immigration planning than a problem with the timing within the immigration system.

In addition some people (like myself) waited the full 90 days before asking for an interim EAD and our local office STILL said no to the interim EAD. I beleive that your chances of getting an interim EAD after 65 days lies somewhere between slim and none.

If you ask me the temp EAD issued at JFK complicates things for most of the recipients of it. The vast majority of K-1 visa holders are not able to enter via JFK and while it might be a pain not being able to work for a few months, I'd take that over the hassles associated with finding a job only have to leave it when the temp EAD runs out. I don't think I've ever read of someone who managed to get their EAD issued before the temp one ran out.

Good luck at your infopass appointment but I wouldn't hold out too much hope.

Mark

well I will keep you posted. I have posted this link below

http://www.usvisanews.com/i9-compliance.shtml

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees."

I point to the Immigration Officer is going to be since I was issued a temp Employment Authorization at JFK can I be classified within the 90 day rule.

I have only seen posts from I couple of people saying that a K1 is not classified within that rule - but never someone post saying they have asked an Immigration Officer.

They are 2 seperate applications so the 90 day rule does not apply...

Temp EAD from JFK is based on K1 visa.....
1 Year EAD based on AOS...

so you cant use that one either..

Kezzie

Actually that was settled a while back by someone who I believe *did* clarify with USCIS. That rule only applies to renewal EADs. Going from temp EAD to actual EAD is not classified as a renewal.

As covered by Jenn,

This rule would only apply if you had been issued your 1 year EAD and that it had expired before you received your green card. At this point an employer could hire you if you were able to show that you had applied for a SECOND EAD. Applying for your FIRST EAD after having a temp EAD from JFK does not qualify you to use this rule.

Sorry Leroy... I think your best bet is to prepare yourslelf for another 25 days of unemployment !!

Mark

Thanks guys.

I will repost tomorrow and let you know how it went. my Field Office accepts walk ins so no need for Info pass.

Yup, good luck in any case.

If this actually works, let us know how you did it. I'm with the rest of the naysayers on this one for now, but I'd be interested to see how it works out (or not).

to be honest i'm resigned to them saying no but i'm willing to give it my best shot.

The only thing in my favour is the Portland, Maine give out EAD's to other visa holders so they have the facility to complete the process.

Good luck! Let us know how it goes, and what the local office says.

http://www.visajourney.com/forums/index.php?showtopic=5202

Rob & Ana issued EAD within 90 days by Field Office. IT CAN BE DONE.

Yeah, but I wouldn't count on it. It sounds like the kind of thing you might theoretically be lucky enough to get if the adjudicator is in a good mood, the office isn't too busy, and the planets are in the right alignment.

Many of us have to scrimp and barely scrape by while our SOs wait for their EAD. I call for rebellion if people get EADs prior to the 90 days through info pass. We could simultaniously storm USCIS offices all over the country!

n/m

Arggg, I hate that we can't edit after like 2 minutes here. I should have added to my last post -

leroy, I totally sympathize with your plight, and it would be nice if by some miracle they gave you the EAD. It's just very frustrating for many of us when someone slips through the system and gets ahead, while the rest of us have to wait for the wheels of bueracracy to churn along.

I suppose I should say that I do think it's pretty silly that an AOS applicant can't just take his or her AOS NOA down to a DO and get an EAD. But we'd all like our sweeties to have 1-year EADs as soon as possible; there are plenty of people here in at least semi-dire financial straits due to an immigrant family member being unable to work; and if USCIS starts making exceptions, they'd better be prepared to deal with an onslaught of exceptions. IMO.

Not to mention the fact that I wouldn't do anything that might cast doubt on the I-864 I would have to file with AOS. Hint, hint.

I think until recently, you actually could. I have an immigration book that is a few years old, and it said that when one files their AOS at the local office, there is a chance that one could also get the EAD right away.

That's what I get for thinking and preparing for the immigration process for years before we actually did it. We used a book with old info and falsly thought that DH would be able to get his EAD when we filed the AOS. Bah

Yes, I believe you're correct.

Exactly. Isn't that why the temp EAD stamp used to make sense, but doesn't anymore?

Yes indeed... In the old days you would be given AOS in a day.. all you had to do was wait in line at the DO with your paperwork.. they'd see you, give you your interview and send you on your way approved. So the 90 days in essence allowed one to arrive in the US and have a 90 days window to apply for AOS...

However, the times have changed and that 90 days EA window is really more of a problem because it gives K1 people a little bit of false hope about employment. They did it right when they didn't give K3's automatic employment when they entered.. however with the rest of our piecemeal INA, they didn't change the K1 to reflect today's reality.

I do not know how your mind works Zgy, but K3s should have automatic employment authorization. Why is there a need to apply for it? K3s give their fingerprints at the consulates where their interviews take place... Security checks done too. Legally K3 is authorized to work but needs to apply. Why? Because the bureaucracy needs money and 'work' to do. If we eliminate such absurdities maybe half of those sedentary people would be out of job.

The Portland, Maine office is a pretty friendly one, but having dealt with them more than once now I think your chances are pretty slim. They seem to be pretty on top of what the rules and regs are and although they're friendly enough, they don't strike me as "rule-benders".

Good luck Leroy; I'm going to be down in So. Po. at lunchtime today so I'll think of you!

Christina

Curious as to how it worked out with Leroy. My husband intends to go back down to the local office near us- it's a very small office 10 minutes from our house. Two years ago a friend's husband went down for EAD and was given it the same day- times have changed obviously. I don't care what anyone says- I went through the British process and it was very easy and sane. I had work authorization and a 2 year visa in less than 3 hours. After two years, I'd have a permanent visa by spending another 3 hours in the local office.
It's ridiculous that we had to wait 9 months for my HUSBAND to be able to live with us legally, and again need to wait another 3 months for him to be able to work. Obviously we had to show we could go without him working in order for him to even come here to be with his family, but like most people it's a struggle. I don't understand not being able to work for 3 months. There is no logical explanation for it. I also can not understand why my husband can't get a social security number, but someone on a K-1 can get it? Why can a fiance get one, but not a spouse? (until his EAD comes through). It's been a pain just to get the cable and telephone turned on in our new house- my husband couldn't do it due to not having a social security number, so I had to do it. I have had to write letters and photo copy my card etc just to get cable and internet when he is just sat at home twiddling his thumbs waiting for his EAD.

Ok, rant over.

Shakysgirl, at least your EAD looks like it's going relatively quickly. He has his bio appt less than a month after the application was turned in. We had to wait until after day 90 to get ours!

The system sucks, but it's the system. If people try to find ways to get around the system, it screws those of us who are waiting.

I know- we are very fortunate that he got his biometrics so quickly: maybe due to that small local office I mentioned. But who knows if that means he will have to wait the entire 90 days or not.

I agree and disagree with you though: we have had to do everything the "proper" way as well (no overstaying and then AOS'ing for us just to remain together) but if we can find little ways to go quicker, then we will. We care about the big picture for everyone, but at the end of the day our little family unit means more. I emailed the embassy every day until I got his interview- we didn't wait as long as many people waited. Did I feel bad? A little. Was I happy my husband got here quicker? Yes. Would I do it again? Yes.

I couldnt go today. I will be going Friday, as long as there open.

out of interest what happens if you work without Authorization for say a month during AOS ?

Not advercating it but can it be cause for AOS denial ?

If you weren't advocating it.. then why ask the question..

Are you saying that you wish to knowingly break the law... hmmm... I know it can have implications when it comes to Citizenship...

You may find them closed on Friday as its Good Friday and for many its a holiday....

I dont know what would happen if you were to work before you had EAD... I know some unauthorised work is forgiven before AOS but I was asked at my interview if I had done any work before getting the EAD....

Also you would find it hard to get an employer to employ you as they have to have a I-9 completed when you start work and they have to verify you are authorised to work.....

Why dont you do what all the rest of us have had to do and just wait..........

Kezzie

Nothing would happen (with the AOS, anyway). They may ask you if you worked
without an EAD - I personally wouldn't lie about it. You certainly could get in trouble
with the IRS though. You still need to report any income from US sources while
you are here.

The are many circumstances where you can be in the US legally, have income
here, owe taxes, yet not be authorized to work. Let's say you own a corporation
here. It can pay you distributions and dividends. You can do this without being
an employee. You could also be trading stocks.

The rules the IRS has often conflict with Social Security and Immigration rules. (For
example, the IRS generally wants to consider owners of corporations as employees
to increase payroll taxes.) Doing this, of course, would break immigration rules. (You
can own a company in the states without setting foot here).

In my case - I'm taking my chances. I see no problem with my wife working for
my family business. She is paid no wages. She is in the country legally, has a
SSN, drivers license and pending AOS. If they ask at her AOS interview, I hardly
think they will care if she has helped out at my business, which she is an owner and
corporate officer of.

In the end, the unreasonable delays for EADs and AOS are insane for the spouses
of US Citizens. I think EADs should be issued immediately, and for free. My personal
experience with work authorization in other countries has been far easier, and made
much more sense.

This wasn't so hard in the past. A friend of mine has a foreign spouse. She got her
green card at the airport when they arrived here 42 years ago. Same day. Never
expires - still has the same one.

Hey Leroy1999,

For what its worth I got an imterim EAD when I first arrived in USA. I walked into the South Portland office and they said as I was in K1 status then I should be able to work so they made an interim one for me on the spot! It wasn't the same as the EAD card I eventually got (it was kinda like an old drivers license) but it was good for 90 days. It said me a lot of hassle as I could work and earn $$$. They were very cool, the security guy at the front door is extremely nice.
That was about 15 months ago so not sure if they will still do it. Good luck and if you are successful we should have a beer (or two) to celebrate, if you are not we should have a beer or two to commiserate (my shout!).

Good Luck!

We are waiting with baited breath! I had a bad experience with an interim EAD even after 90 days, so I hope you do better.