Ombudsman recommends eradication of EAD on K1

[meauxna 15]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

#######.

Typical of some on VJ who don't know who feeds them. I hope md is not serious, but I somehow think he is. Damm, that is one hell of a loss for VJ and its members current and future.

Sure as sh!t, that's his last post? Good one; hope the smart ### big mouths take it under advisement. MDY isn't *just* about SSA--he's been a member of the fiance discussion groups since they started & has done it all from petitioning a fiance to naturalizing a step kid.

Not that's he's the only fed-up one. Users here have forgotten that immigration is the primary function of this website. Those who are concerned with more than just their own case are few and far between around here.

Don't worry, Mike. I'll never forget your wedding anniversary! Thank you again for your multiple contributions.

[Cassie 8]

*sigh*

[zyggy 9]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

#######.

Typical of some on VJ who don't know who feeds them. I hope md is not serious, but I somehow think he is. Damm, that is one hell of a loss for VJ and its members current and future.

Sure as sh!t, that's his last post? Good one; hope the smart ### big mouths take it under advisement. MDY isn't *just* about SSA--he's been a member of the fiance discussion groups since they started & has done it all from petitioning a fiance to naturalizing a step kid.

Not that's he's the only fed-up one. Users here have forgotten that immigration is the primary function of this website. Those who are concerned with more than just their own case are few and far between around here.

Don't worry, Mike. I'll never forget your wedding anniversary! Thank you again for your multiple contributions.

I second this.. I'm getting really tired of the people who do not appreciate the cadre of people who keep the knowledge base going around here... I am finding it very very tiresome to keep fighting with those who do not want to look outside of their own backyard to see why the process is the way it is and whose interest it protects. All we are getting around here lately is a bunch of selfish whiners... and when those who are more knowledge about the process call them out on it, we are told we are rude, to shut up if you aren't going to tell me anything "positive" and you just don't understand... all they want to hear is affirmation of their position, instead of the facts to understand why they are in the position they are in

Sigh... Maybe Mike has it right.. it's like Dagny Taggert in Atlas Shrugged... What do you do when you are the architect of something great and that you are proud of, that lots of people appreciate, but are also derided for what you are providing...

What would happen if all the people who were the producers and konwledge base left the stage and let the mob fend for themselves... Why prop up, in the words of Ayn Rand in Atlas Shruged, the "looters".. people who take the information on this site and don't want to contribute to it (or make it difficut for those that do)... What would happen if the "motor of the world" (or in this case this site) were to stop... It's coming to the point where that day may be coming on this site...

Edited November 29, 2006 by zyggy

[Ban Hammer 12,861]

Work on reading comprehension or stop being such a jerk. Your choice.

My choice is that I don't need to be here, so now would be a good time to bid farewell.

[Fandango 1,439]

Well I just stumbled across this thread and I am if MD really doesn't come back.

Oh, and I agreed with everything he said in this thread too.

It doesn't make sense since the K-1 is termed a 'non immigrant' visa. But since it is, why should non-immigrants be able to work?

Bottom line, you could get the Temp EAD but if the other doesn't come quickly and overlap, then you're SOL anyways. And getting back to what MD said, you're guaranteeing the gov't that you will care for your non immigrant fiance anyways, so from a gov't standpoint, the measure makes sense. And the income req's are really quite low anyways.

The bottom line is: none of us are entitled to having our cake and eating it too. Just cos some American falls in love with a non-USC does not mean the gov't is req'd to bend over backwards so we're blissfully happy. It's like: you love your non-USC? You wanna make it happen? Well then jump thru the hoops.

And the best things in life are worth fighting for!

[girlfrmoz 0]

Hi Folks,

I am really sorry that my posting this topic has caused so much grief. My intention was to start a discussion and see what others think and I understand and appreciate both points of view. Personally, I find the range of opinions that you get on VJ and the information from those more experienced with the immigration process crucial for understanding the range of outcomes and impacts of going on this adventure that we are all experiencing/have experienced.

It saddens me that a valued member has left as a result of this. We need to remember to respect all the views that our fellow VJ members have, even if we disagree. Let's not lose sight of the wonderful people we meet here, the great resources available to us and the experiences we are able to share as humans on this adventure.

Sincerely....girlfrmoz

[Ban Hammer 12,861]

Hi Folks,

I am really sorry that my posting this topic has caused so much grief. My intention was to start a discussion and see what others think and I understand and appreciate both points of view. Personally, I find the range of opinions that you get on VJ and the information from those more experienced with the immigration process crucial for understanding the range of outcomes and impacts of going on this adventure that we are all experiencing/have experienced.

It saddens me that a valued member has left as a result of this. We need to remember to respect all the views that our fellow VJ members have, even if we disagree. Let's not lose sight of the wonderful people we meet here, the great resources available to us and the experiences we are able to share as humans on this adventure.

Sincerely....girlfrmoz

as he is the recognized social security expert on this site, his absence in vj will be felt by many

[Ladylethal 12]

MD has always been of invaluable help in the forum and I hope he didn't up and leave like that.

One thing though on all those that say the poverty guidelines are too low for the process, etc etc. You forget about those that are just out of college, starting life, and don't yet have a huge income. You're forgetting the fact it IS a POVERTY guideline and not a middle class guideline or rich guideline and you'd be surprised as to how many actually live just on top or even below the poverty guideline. So it may appear too low and that anyone that can't make it shouldn't be marrying a foreigner but really, there are cases and there are cases.

[Sheriff Uling 3]

...It makes perfectly good sense to me that one shouldn't be able to seek employment in America until the terms of the original visa have been fulfilled.

I agree! The purpose is to bring your beloved to the States in order to begin a new life, and that begins by satisfying the intent of the K1 Visa. It would be nice to have that added priveledge of an interim EAD, but that is putting the cart before the horse, which is more than likely the argument that is being raised. On the flip side, it would be nice if they would pick-up the pace on approving the AOS as a trade off, but that would be asking too much of them. LOL!

[Jasman0717 8]

I just realized I hadn't seen any posts from MDYoung so did a search and his user I.D. has been removed from this site. I then did a search of posts and found his goodbye post here. That is too bad, he was very informed with social security issues. I have to applaud him because I find it difficult to stay away from this site, there are still so many things I need to learn about the immigration process. Our next big hurdle will be removing conditions next year.

Anyway, I am sorry to see MD go but understand after reading his last post. God bless him, he certainly aided a large group of members dealing with social security!

[mybackpages 0]

These people are high-ranking chopfcuks. First they make this huge deal about the person being a public charge and preventing that. Then they don't let them work for three months minimum.

Well that part I agree with in that the petitioner signs the I-134 that they have the income to support everyone, so to start crying that you are going to be out on the street if the foreign fiancé can't work is just too too bad. I have always said the income levels for the I-134 and I-864 are way too low.

I never cried that I was going to be out on the street. If he can't work, we will make it, but there won't be a lot of money to save and I need money for grad school. If we couldn't make it, then he wouldn't come.

I just think it's hypocritical to invite these people as potential immigrants and then not let them contribute to society. That doesn't make any sense.

Bottom line is you sign the I-134 to be able to support both of you, so these are things you should have thought about before getting involved in the process.

Now what I object to is if it makes an individual with K-1 status no longer eligible for an SSN, since the AOS requires you to show you are comingling your lives and without an SSN, some things are harder if not impossible to do, i.e. add spouse to health insurance or bank account.

One problem with this argument. The consulate we are going through does not require an affidavit of support. I am signing nothing. I will have to show an affidavit of support only for AOS once he is here.

[lizroxy24 0]

MD has always been of invaluable help in the forum and I hope he didn't up and leave like that.

One thing though on all those that say the poverty guidelines are too low for the process, etc etc. You forget about those that are just out of college, starting life, and don't yet have a huge income. You're forgetting the fact it IS a POVERTY guideline and not a middle class guideline or rich guideline and you'd be surprised as to how many actually live just on top or even below the poverty guideline. So it may appear too low and that anyone that can't make it shouldn't be marrying a foreigner but really, there are cases and there are cases.

I have to agree with the above post. Not everyone here at VJ is in the same life situation or comes from the same background. This may not be the board to discuss cultural issues related to immigration but they have a huge impact on how one sees being "unemployed" or being forced to depend solely on the income of your spouse. Frankly speaking for those of us who's significant others are male and come from societies where it is looked down upon to have your wife provide all the financial support it can be one of the biggest issues faced in this whole process. When my husband came a little over a year ago he worked his fingers to the bone trying to save money and still made it here with less than $100 in his pocket. We were okay, I did support him and meet that obligation but it was hard on him emotionally to always be the one having to accept from me and not being able to buy me the things he wanted to or show my family how willing he was to provide for me and our family.

I guess my point with all this is that the process is difficult already and I am against anything that makes the adjustment process harder and less humane. It is silly the idea of getting an EAD for 90 days in order to get a job you just have to quit at the end but my hope is that they would move in the other direction and make it possible for people to get an EAD with their K-1 that would last until they get the GC. Do I think it is fair that K-3s don't get this same benefit, no, but nor do I think that is justification to remove the benefit from those who now have it.

I am also sorry about MD leaving; I have appreciated his posts and information. I also understand the point of view of the girl who felt attacked by everyone saying that this is just a part of the process you have to plan for and deal with. Employment issues are a very hot button topic and a very real relationship barrier for many younger couples and it can come off as condescending for people to virtually pat you on the head and say "well that's just the way things are, you knew the rules when you started". We all complain about parts of the process that impact us personally but it is also important to see the other points of view to who these law changes are particularly hurting and have some sympathy. For example I was not personally touched by IMBRA hassles but I can see the inherent unfairness in the assumptions it is based on and be opposed to them.

I am sorry for the long winded post, it is just something I feel strongly about and wanted to throw my support on the side of those who are against this change.

Edited December 27, 2006 by lizroxy24

[Hornet 2]

Alex+R wrote

"I just think it's hypocritical to invite these people as potential immigrants and then not let them contribute to society. That doesn't make any sense."

NOTHING in US immigration policy makes sense!!

They bust our balls every chance they get!! Worried about a few fraudaulant K-1's and creating more of a hassle for legal immigrants to work.

While thousands of Illegals cross the border everyday, every month and are working all over the country!!!!!!!

They make it hard for educated(MBA's, PHD's etc) to immigrate here but want to open the doors for uneducated farm hands with 10 kids to apply for AOS that have been here illegally for years.

Every great empire has fallen and we're headed that way!!

[Private 1]

I was very surprised to see the low income requirements for meeting the sponsorship criteria - in my opinion one couldn't quite make it here in that low an income. However, for many of us there are many problems in working - one is of course the language - my wife has been here for more than a year and has been taking ESl classes (one last one to go), she is now fluent enough to try and make it in a work place; but then we have other problems - her foreign degrees are not-recognized or considered equivalent niether is her work experience. This forces many like her to start at non-professional or entry level positions (yes everyone goes to retailing ) Another problem on first arrival is non-familiarity with the city/culture/way of life that makes many of them afraid to answer the phone or to talk to a stranger.

Given all of that - I knew that I was bringing a stranger here and I had to help her make it - saving enough for a wedding, plus not expecting any income from her for a year or more and still meeting the increased expenses for the both of us (and yes we need to have a vacartion every now and then ). I was therefore prepared for this and have had no problems (the increased refunds from Uncle Sam help a bit also!) I agree with mdyoung - one needs to know what they are doing and be prepared for it, many of us do not take responsibility for our actions and are not even aware of what may happen when someone else joins their household. Yes it is a big shock to see the bills pile up especially if he/she works - he/she will need a car, insurance, business wardrobe etc. etc. in addtion to what the increased expenses already are. Many people are blinded by love and don't see the potential financial problems ahead - USA is not vey friendly to foreigners wanting to work here and it takes a long time to get accepted and be rewarded here. That said one needs to be prepared if one is coming here. And I think that the incomey levels for bringing immigrants are too low and should be raised to conform to reality. I also agree that working is a fundamental right and should be accorded freely (without fees and especially without the bureaucracy). Good Luck to all trying to make it here. Pura Vida

I should read the entire post but i have to say that your post takes the cake. As far as income is concern to me it sounds like the only people that would be able to do this would be rich people. In my opinion this porcess alway benefits the rich men of this country. However, you have the service members that get married to and we do not get taxed for all of your income. We get a lot of tax free money which when I did the i-134 it did not care about only the tax forms. Also, when you tink abot what is being said is bacisally that if you do not have enough money you should not be able to marry??? This country is truely lossing its morals and this is reflecting a lot in the immgration process. What makes me so upset is the people that have done wrong to get here. Why do they make it hard for the people that do go about the process the correct way. It is not only unfair to end the EAD but also it really shows what this country is becoming. Only the rich matter, marriage does not matter, and it seems like the visa process is one big joke. If I could I would rather my partner be from Mexico because it seems like they get the better treatment in this process. A K-1 is treated like a immgrate visa and therefore they should be given the right like all the imnmgrate visa are. I truely think that over time the K-1 visa has beome the visa of choice because it has gotten that it is easier to get and it avoids a lot of loop holes. The only reason I did it was beacuse I did not have the time to get married in his country, however, I was told by a lot of people that it was easy to get and that he would get here faster. So much for this lie. It seems like the K-1 has be pouring in and they want to stop this.

But I know a few people that come here from the green card lottery and they want to bring there wife and they work at the low income jobs. I think the problem is that to many immgrates are taking the big buck jobs and this is peeing people off. Times are chainge and this country better get with the program.

[1HappyGuy 45]

It seems pretty clear that the USCIS Ombudsman doesn't want K-1 applicants to work until after they are married and applying for AOS. In the March 20th letter, it appeared he was leaning towards allowing K-1 applicants to have a special status regarding EAD. The letter suggests that EAD be extended beyond the 90 day limit so as to allow continuous employment while awaiting AOS after the marriage.

But, in the June 20th letter he looks to pull the rug out from under the K-1 applicants. I wish I had seen this earlier as it would have made a good point for us to respond to the Director in numerous letters (not email). But, it is probably already been implemented.

I can understand some of the problems because of our experience. My wife's EAD was granted three weeks before our AOS interview. The officer at the interview confiscated her EAD after stamping her passport with acceptance of AOS. It was just a waste of money for us.

If they are willing to expedite the AOS for K-1's so they can work sooner, then that would make sense. But, I'm pretty certain that from the USCIS point of view, if you can't support a spouse for the alloted time, then you shouldn't be bringing them here.