My EI claim on a K1 Visa DENIED

[Soapies 18]

So as some of you are planning on applying for EI after you move to the states on a K1 Visa let me just share with you my experience.

I haven't applied for EAD because I was going to do it all after I married. Sadly for me, in the state of Maine, you need an SSN to get married - so I had to wait 2 weeks, apply for SSN, wait another 2 weeks for that to come in the mail. Then I had to wait a week for the town office to be open and then wait another week for someone to officate the license. And now I am waiting 2 MORE weeks for my certificate before I can start sending in my AOS, EAD and AP...

In order to qualify for EI you need to prove you are eligible for employment and they want to see that you applied for EAD. If you did not, you will not get EI! I got a letter in the mail today stating just that. My claim has been denied because I do not possess a valid employment authorization. "Because of this you are not considered eligible to work"

But I wouldn't have gotten my SSN in time for the "4 week" deadline to apply for EI so I wouldn't've been able to get it anyway if I had applied for my EAD earlier. ...?

IDK.

Am I completely screwed or can I apply for EAD now and then reply to the EI office?

[Boiler 43,451]

I never heard of any State that requires a SSN to get married, sure it would have been mentioned, now they want ID and SSN is commonly used.

SSN does not give your work authorisation evidence for that you need EAD and realistically that takes at lest 90 days from filing.

Presumably the benefit is a Canadian one and something you can claim even if you have emigrated.

[Hypnos 6,576]

No state requires you to have a social security number in order to obtain a marriage licence.

If you have one you must declare it (federal law), but that's all.

Apply for an EAD when you submit your AoS; it will take approximately 90 days to be approved, barring RFEs.

Edited February 9, 2015 by Hypnos

[Soapies 18]

That was the plan. To apply for EAD when I submit my AoS.

The issue now is that I don't qualify for EI because I did not apply for EAD before 4 weeks after my last day of employment. And it would be really handy for a lot of people coming here on the K1 visa to be aware of that.

[Boiler 43,451]

You could have applied based on your K1 status, a waste of time for most. But presumably you need documentation to support EAD.

[sarahbella 3]

Hi Soapies,

I came here on a K1 Visa in August and applied for EI within 4 weeks. I did not have Employment Authorization and was not going to apply until I was married and sending in my i-485 (Sent it in oct 7). I would suggest you call the Out of Canada line and ask them to call you back. I'm pretty sure my claim was denied at first as well, once i'd sent in my passport and stuff because they mailed me a paper form to fill out. Then I started getting paper claims and did my biweekly phone calls. A lady called me and went over what I had to do which was get my reports in and once I have my EAD to fax that into them. I got my EAD on January 2nd and it was good as of Dec 22. I thought I'd get backdated to august but a lady told me they go from the date on the EAD. So I finally got my first payment on feb 5th.

I think I read somewhere on here that you can just pick up your claim again when you get your ead, but i just did the phone calls because it was something to do and I wasn't working, driving, anything.

I don't get as much as someone who came over with the ability to work right away but really until visa journey I didn't know I could have even gotten anything!

Hope that helps, and I would call the Out of Canada EI line.

[Soapies 18]

ty so much I will try that

[Flames9_RN 358]

To get EI.. you have to be able to work--not just have applied for ur EAD..but to actually be in possession of it...

[Ms Hogan 295]

I think it will get cleared up once you get your EAD. You were just too early applying.

And be sure to leave a message on that out of Canada line. I'm assuming it is still the same way. I was surprised that I ALWAYS had to leave a message but when I spoke to "Brad" he assured me that nobody ever actually answered the phone and that all messages were returned. They were always quick to get back to me. Good luck!

Edited February 10, 2015 by Ms Hogan

[Kas&Isaac 2]

So as some of you are planning on applying for EI after you move to the states on a K1 Visa let me just share with you my experience.

I haven't applied for EAD because I was going to do it all after I married. Sadly for me, in the state of Maine, you need an SSN to get married - so I had to wait 2 weeks, apply for SSN, wait another 2 weeks for that to come in the mail. Then I had to wait a week for the town office to be open and then wait another week for someone to officate the license. And now I am waiting 2 MORE weeks for my certificate before I can start sending in my AOS, EAD and AP...

In order to qualify for EI you need to prove you are eligible for employment and they want to see that you applied for EAD. If you did not, you will not get EI! I got a letter in the mail today stating just that. My claim has been denied because I do not possess a valid employment authorization. "Because of this you are not considered eligible to work"

But I wouldn't have gotten my SSN in time for the "4 week" deadline to apply for EI so I wouldn't've been able to get it anyway if I had applied for my EAD earlier. ...?

IDK.

Am I completely screwed or can I apply for EAD now and then reply to the EI office?

I never heard of any State that requires a SSN to get married, sure it would have been mentioned, now they want ID and SSN is commonly used.

SSN does not give your work authorisation evidence for that you need EAD and realistically that takes at lest 90 days from filing.

Presumably the benefit is a Canadian one and something you can claim even if you have emigrated.

Hi Soapies,

I came here on a K1 Visa in August and applied for EI within 4 weeks. I did not have Employment Authorization and was not going to apply until I was married and sending in my i-485 (Sent it in oct 7). I would suggest you call the Out of Canada line and ask them to call you back. I'm pretty sure my claim was denied at first as well, once i'd sent in my passport and stuff because they mailed me a paper form to fill out. Then I started getting paper claims and did my biweekly phone calls. A lady called me and went over what I had to do which was get my reports in and once I have my EAD to fax that into them. I got my EAD on January 2nd and it was good as of Dec 22. I thought I'd get backdated to august but a lady told me they go from the date on the EAD. So I finally got my first payment on feb 5th.

I think I read somewhere on here that you can just pick up your claim again when you get your ead, but i just did the phone calls because it was something to do and I wasn't working, driving, anything.

I don't get as much as someone who came over with the ability to work right away but really until visa journey I didn't know I could have even gotten anything!

Hope that helps, and I would call the Out of Canada EI line.

To get EI.. you have to be able to work--not just have applied for ur EAD..but to actually be in possession of it...

Okay, so someone correct me if I am wrong. Are you considered eligible for EI benefits if you have moved outside of Canada? That's what I don't quite understand. My aunt works in the EI office in Calgary and I asked her if she could look into whether I would qualify for EI and what the process would be to claim EI and she said that you can't if you have moved outside of Canada, have no job and you don't have the ability to work in the US (meaning you haven't yet received your Work Authorization). I sort of understand how that makes sense but then it doesn't at the same time either.

From everyone's comments above, it seems that people have been applying for EI but I haven't come across a thread yet where someone has confirmed that they have started receiving their EI benefits. Has anyone here spoke to anyone at EI to have them clarify this?

[JustBreathe 22]

I agree, you are applying too early. I did that too. You have to wait till you have your EAD to apply

[chiggins82 87]

If you get any clarification from the EI office, be sure to post again. I had questions about this as well!

I have read that you need to apply within 4 weeks of your last day worked to qualify and that they won't approve it until you have EAD/Green card to show you are eligible for work.

That said, I have also seen on here people saying not to apply for EI until you are eligible for work, but for a K-1 that would be past the 4 week timeline.

there is a pinned thread on this and there are a number of K-1s there that noted they got EI approved, but the timelines on what to do when are very unclear (to me anyways)

[Flames9_RN 358]

Okay, so someone correct me if I am wrong. Are you considered eligible for EI benefits if you have moved outside of Canada? That's what I don't quite understand. My aunt works in the EI office in Calgary and I asked her if she could look into whether I would qualify for EI and what the process would be to claim EI and she said that you can't if you have moved outside of Canada, have no job and you don't have the ability to work in the US (meaning you haven't yet received your Work Authorization). I sort of understand how that makes sense but then it doesn't at the same time either.

From everyone's comments above, it seems that people have been applying for EI but I haven't come across a thread yet where someone has confirmed that they have started receiving their EI benefits. Has anyone here spoke to anyone at EI to have them clarify this?

Lot of people of got EI.....You have to look and see what type of Visa people came in on....CR-1 and IR-1 can work right away when they enter the USA, so they are eligible for EI $$$ right away.......K1'ers are not work eligible right away...you still need to apply for EI right away....BUT your not going to get any EI money until you have the EAD in hand (not just apply for it) But remember..you (K1) still need to apply for it....Once u get the EAD, you will Scan/email/fax it into the EI office

[Kas&Isaac 2]

Good to know. Thanks for clarifying.

[Ms Hogan 295]

Okay, so someone correct me if I am wrong. Are you considered eligible for EI benefits if you have moved outside of Canada? That's what I don't quite understand. My aunt works in the EI office in Calgary and I asked her if she could look into whether I would qualify for EI and what the process would be to claim EI and she said that you can't if you have moved outside of Canada, have no job and you don't have the ability to work in the US (meaning you haven't yet received your Work Authorization). I sort of understand how that makes sense but then it doesn't at the same time either.

From everyone's comments above, it seems that people have been applying for EI but I haven't come across a thread yet where someone has confirmed that they have started receiving their EI benefits. Has anyone here spoke to anyone at EI to have them clarify this?

The eligibility to work part is what matters. As a CR1 holder I was able to get my EI almost immediately upon moving here. I had it for about 6 months. We are moving because of marriage. Your aunt is perhaps not properly explaining it to you. But if you have your work authorization here then you can qualify.