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Any harm in asking for EAD at POE (JFK)?

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Filed: K-1 Visa Country: United Kingdom
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Hi everyone,
So my flight is booked for next week (k1 visa was delivered a few days ago!) and I'll be entering the US at JFK airport. In the past, I know many people got a 90-day EAD stamp when entering there, but that doesn't seem to be the case any longer. I was wondering if asking (politely) for the stamp would get me into trouble? I know it's a long shot but if the system is reasonable then there shouldn't be any harm in asking, right? I don't want to give the impression that I will work illegally though. Thank you!

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You need to apply for work authorization (I-765) along with your adjustment of status (I-485). It will take 4-6 months to get approved. 

 

Maybe you're thinking of the CR1 which acts as your Green card for one year upon endorsement at POE. But that's not the visa you applied for. 

Edited by little immigrant
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2 minutes ago, SafeTravels said:

I know, I'll be doing that as soon as possible. I'm just wondering about the 90-day EAD stamp that people were getting a few years back at JFK.

They don't do those anymore or else everyone on the K1 forum would be talking about it.

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Filed: K-1 Visa Country: United Kingdom
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1 minute ago, mushroomspore said:

They don't do those anymore or else everyone on the K1 forum would be talking about it.

Sure, that makes sense. But do you think there is any harm in asking or would it be suspicious?

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11 minutes ago, SafeTravels said:

I know, I'll be doing that as soon as possible. I'm just wondering about the 90-day EAD stamp that people were getting a few years back at JFK.

It's was around 2007 to 2010 time frame when they were issuing EAD for K1's at JFK, and only POE that I saw that happening.  It would legally allow you to work on your 90 day visa entry fee, after 90 days entry it was expired. (From what I remembered).

 

 

Just when you think you have TDS eradicate,  a new case shows up.

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A decent time back they would issue an EAD stamp for K-1 entrants. This is permitted because K-1 visa holders qualify for an EAD valid through their 90 days (it's just impractical to file one nowadays given the > 90 days processing timeline).

A K-1 visa holder does not automatically qualify for AP. You need to marry & file for AOS + AP (and an EAD recommended) in order to obtain AP. There's no way to do that at POE, so I see no way they could issue such a stamp. Edit: This is just for reference...I know the question is about an EAD stamp.

But you are free to ask anyway...no harm in being told no.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Taiwan
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Please ask, then let us know what happens.  This question was asked a couple months ago, but I didn't see any follow up.........I would really like to know....

Thanks,

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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51 minutes ago, SafeTravels said:

Sure, that makes sense. But do you think there is any harm in asking or would it be suspicious?

No harm in asking but as others and I have explained, they don't do the stamps anymore so it's basically a futile gesture.

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If working upon arrival is important to you, you picked the wrong visa type I'm afraid. There have not been any cases of the EAD stamp at POE for some years.

 

Theoretically you can apply for an EAD for the 90-day duration of your authorized stay after you arrive. But since it's taking them longer than 90 days to process the application for the EAD there's no point. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: England
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1 hour ago, SafeTravels said:

Hi everyone,
So my flight is booked for next week (k1 visa was delivered a few days ago!) and I'll be entering the US at JFK airport. In the past, I know many people got a 90-day EAD stamp when entering there, but that doesn't seem to be the case any longer. I was wondering if asking (politely) for the stamp would get me into trouble? I know it's a long shot but if the system is reasonable then there shouldn't be any harm in asking, right? I don't want to give the impression that I will work illegally though. Thank you!

That was already phased out 10 years ago when I went through POE. JFK was the last airport exception where some got it. I wouldn't bother because it isn't allowed. You would have to quit a job at 90 days if you got one by showing an employer a stamp he hasn't heard of before. 

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Filed: K-1 Visa Country: Wales
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Yep, I remember when JFK were the last ones to issue it and it must be more than 10 years ago. I would imagine that most people working there would not know what you are talking about.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country:
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3 hours ago, SafeTravels said:

Hi everyone,
So my flight is booked for next week (k1 visa was delivered a few days ago!) and I'll be entering the US at JFK airport. In the past, I know many people got a 90-day EAD stamp when entering there, but that doesn't seem to be the case any longer. I was wondering if asking (politely) for the stamp would get me into trouble? I know it's a long shot but if the system is reasonable then there shouldn't be any harm in asking, right? I don't want to give the impression that I will work illegally though. Thank you!

I don’t know where you got that information but K1s cannot do that. You’re coming on a non immigrant visa with immigrant intent but your immigrant status will only be valid after your marriage and AOS. Non immigrants have to apply for work authorization through USCIS. That is the only way. There’s no such thing as getting an EAD stamp at POE. You got wrong information from somewhere. 

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Filed: K-1 Visa Country: Wales
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K1 is authorised to work pursuant to status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: England
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11 minutes ago, TNJ17 said:

I don’t know where you got that information but K1s cannot do that. You’re coming on a non immigrant visa with immigrant intent but your immigrant status will only be valid after your marriage and AOS. Non immigrants have to apply for work authorization through USCIS. That is the only way. There’s no such thing as getting an EAD stamp at POE. You got wrong information from somewhere. 

It used to be a thing to get a stamp at POE that allowed work for the duration of the 90 day entry. She read old posts. 

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