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Okay to apply for EAD first?

By LuvMyPortuGAL in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this.

You may not work at all until you apply for and receive your EAD or GC.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted
I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

The I-9 that the employer must use to verify your authorization to work does not recognize an employment authorized I-94 as an option to qualify you for employment.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

This is not true. K-1s are NOT authorized to work without an EAD or Green Card. They never have been, really, but until early this year, they could get away with it as the I-9 form was vague. That was corrected in February.

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

Doesn't matter. That stamp is not valid in conjunction with a K-1 in any case.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

This is not true. K-1s are NOT authorized to work without an EAD or Green Card. They never have been, really, but until early this year, they could get away with it as the I-9 form was vague. That was corrected in February.

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

Doesn't matter. That stamp is not valid in conjunction with a K-1 in any case.

Actually, they are work authorized based on class of entry--they just aren't employable. That's why a K1 can get an SSN based on their visa and valid I-94 without an EAD.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

TruLuv Contributor

TruLuv   0

Posted
Filed: K-1 Visa Country: Kenya
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

This is not true. K-1s are NOT authorized to work without an EAD or Green Card. They never have been, really, but until early this year, they could get away with it as the I-9 form was vague. That was corrected in February.

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

Doesn't matter. That stamp is not valid in conjunction with a K-1 in any case.

Actually, they are work authorized based on class of entry--they just aren't employable. That's why a K1 can get an SSN based on their visa and valid I-94 without an EAD.

How are you defining the word employable?

Was my interpretation of the law correct?

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

This is not true. K-1s are NOT authorized to work without an EAD or Green Card. They never have been, really, but until early this year, they could get away with it as the I-9 form was vague. That was corrected in February.

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

Doesn't matter. That stamp is not valid in conjunction with a K-1 in any case.

Actually, they are work authorized based on class of entry--they just aren't employable. That's why a K1 can get an SSN based on their visa and valid I-94 without an EAD.

How are you defining the word employable?

Was my interpretation of the law correct?

If you are not employable you cannot work.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

This might sound stupid, but are you SURE you need the birth certificate?? I didn't, I just needed to provide I.D. Can I ask what State you're looking to get married in? Can you cross to another state that doesn't need the birth certificate to get married?

In either event, that doesn't solve your "working" issue.. but it will make sure you don't exceed the 90 days.

p.s. I got married in Iowa.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

This is not true. K-1s are NOT authorized to work without an EAD or Green Card. They never have been, really, but until early this year, they could get away with it as the I-9 form was vague. That was corrected in February.

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work.

Does your I-94 have a stamp that says "EMPLOYMENT AUTHORIZED"? If not, then you CANNOT work using your I-94.

Doesn't matter. That stamp is not valid in conjunction with a K-1 in any case.

Actually, they are work authorized based on class of entry--they just aren't employable. That's why a K1 can get an SSN based on their visa and valid I-94 without an EAD.

Actually, no they are not. The SS administration doies not determine who is work authorized, DHS does. SS classifies the K-1 as "work authorized" to default the system to give them an SSN as such was required by some jurisdictions until last year for a marriage lisence. It is a means to an end, that is all. It is also why the WIFE of a US citizen (K-3) cannot get an SSN but the Finacee can. The wife has no need for a marriage license.

The K-1 is not a work visa

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

A K-1 cannot have a job until they have an EAD or Green card. If that is how you interpreted it, you are correct. If not, you are not correct.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Lona.C. Proficient

Lona.C.   16

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
Just want to add - you have to get married in the 90 days of entry. (requirement of the K-1 visa)

If you go beyond that - that opens a can of worms you do not want opened.

You also need to get the AOS started before your I-94 expires (which is the same 90 days for marriage) to avoid any ICE issues.

he does not need to have the AOS started at the same timeframe as he has to get married ,

AOS can be filled after 90 days ,only thing he will be out of status and wont be able to work till he files and gets GC

so as anxiouse as he sounds about starting to work. yes its a good idea to file AOS soon after marriage ,

but main focus should be to get married within 90 days not when you can start to work ,

cose if you dont get married withing 90 days your fiance will have to go back to her country ,

 

129f for K1 visa filed in march 07 check my timeline for full info

03 March 2008 , received welcome letter and 2 year GC yeahhhhhhhhhhhhh

22 NOV 2009 to lift condition GC expires 22 Feb 2010

24 Nov 09 send in I 751 ( ROC , in VT )

25 Nov 09 Your item was delivered at 12:10 PM in SAINT ALBANS, VT 05479 to INS .

30 Nov 09 Check Cashed

21 Dec 09 biometric

On March 9, 2010, we ordered production of your new card.

12 March 2010 received approval letter in mail

16 March 2010 10 year Green Card received in mail exp date March 09 / 2020

April 14/2017 send N400 

04/25/17 credit card charged 

04/25/17 e mail NOA send 

05/01/17 hard copy of NOA dated 04/25 received in mail

05/06/17 biometric hard copy in mail 

05/19/17 Biometric appointment in Hartford CT 

07/17/17 Inline for Interview 

07/24/17 Interview letter in mail 

08/24/17 Interview in Springfield MA ... Yes Aproved

09/14/17 Oath Ceremony .... done I am a US citizen

09/22/17 Applied for Passport ( per reg mail ) 

10/04/17 got passport in mail  

10/13/17 got certificate in mail  , updated status with social security office 

AM DONE YEAHHHHHHHHHHH 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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