Temporary EAD and June 2009 for K-1

[July09Bride 1]

Okay, so withthe changing of the rules for travel to US and Canada coming June 1, 2009... the temporary EAD will no longer be an option or valid. So, what does/should the K-1 beneficiary do while waiting for the EAD. Not work? The economy is horrible right now. I can keep my head above water and I'm above the poverty line... but with bills and wedding costs, him not working is going to financial suicide.

Any suggestions? He is self-employed in Canada (website design, etc.). What (if anything) can he do as one who is self-employed in another country? We've got everything done and are awaiting the announcement of his interview date.

Please advise.

[YuAndDan 153]

The same thing a K-3 does, wait for EAD card or Green-card before taking a job.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

If work upon entry is the primary consern, it is best to marry first and to file for a CR-1 visa NOT a K-Visa. K-Visas are NON-Immigrant.

K-1 applying for "Temp EAD" I-765 code (A )(6 ) is just a waste of $340, the resulting EAD expires 90 days after entry, and tends to take up to 90 days to get, in most cases USCIS cannot approve it before it expires.

Edited March 4, 2009 by YuAndDan

[July09Bride 1]

The same thing a K-3 does, wait for EAD card or Green-card before taking a job.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

If work upon entry is the primary consern, it is best to marry first and to file for a CR-1 visa NOT a K-Visa. K-Visas are NON-Immigrant.

K-1 applying for "Temp EAD" I-765 code (A )(6 ) is just a waste of $340, the resulting EAD expires 90 days after entry, and tends to take up to 90 days to get, in most cases USCIS cannot approve it before it expires.

Not the answer I wanted... but the answer I needed. There were pluses and minuses for choosing to go the K-1 Route instead of another. I guess this is one of the minuses.

How soon after he enters can he apply for the EAD? I know we should wait at least 2 weeks for the SSN.

Thank you.

[YuAndDan 153]

The same thing a K-3 does, wait for EAD card or Green-card before taking a job.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

If work upon entry is the primary consern, it is best to marry first and to file for a CR-1 visa NOT a K-Visa. K-Visas are NON-Immigrant.

K-1 applying for "Temp EAD" I-765 code (A )(6 ) is just a waste of $340, the resulting EAD expires 90 days after entry, and tends to take up to 90 days to get, in most cases USCIS cannot approve it before it expires.

Not the answer I wanted... but the answer I needed. There were pluses and minuses for choosing to go the K-1 Route instead of another. I guess this is one of the minuses.

How soon after he enters can he apply for the EAD? I know we should wait at least 2 weeks for the SSN.

Thank you.

Marry first, and then file for AOS (I-485, I-765, I-131, I-864) Package to Chicago, the I-765 then takes up to 90 days to process into an EAD card. EAD Based on pending I-485 is valid for 1 year, and is part of the fee paid for the I-485.

Moving to work/travel prior to green-card forum

Edited March 4, 2009 by YuAndDan

[Carlawarla 1]

Another Canadian was posting this question, and I replied, I hope not too judgemental, but I'm amazed how many people from Canada assume that they can work right away in the US when arriving on a K-1, and then believe they are different, because they're from Canada. It's really important before applying for a visa, to do some research.

I'm going to give you some other research you can start now as well. Check out the Canada forum about EI. I don't know all the ins and outs about "freelance" work, but are you aware that you can collect EI when you come on a K-1 to be with your fiance? Did you or him, sorry, I don't know who the Canadian is, pay into EI during the time he was doing freelance? How many "employable" weeks did he have in the last 52?

Many Canadians who come to the US obtain EI benefits from the time of their arrival until their I-94 expires. Then, it resumes again once their EAD is received. I think, but I'm not sure, you are paid for about 37 weeks. It has been a life saver for many. There are some "rules", and I don't know about the "freelance", but you can't quit your job until just before you come down, you have to apply within 30 days of leaving your job, you have to move soon after your visa is issued...again, there are lots of ins and outs, but this may be an option.

There is pinned thread in the Canada forum about EI, and there are lots of threads about it. The pinned thread has maybe too many pages in it to decipher, so you may want to just search while in the Canada Forum for "employment, or EI".

There has also been other Canadians that HAVE continued employment with their Canadian employer while in the US. I again don't remember all the ins and outs, but you may want to PM Krikit, and ask her the details, OR look at her posts. She herself did this, as did a few other Canadians.

Best of luck to you!

Edited March 5, 2009 by Carlawarla

[July09Bride 1]

Here's what I read today...

USCIS website

$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930.

So... now the EAD comes WITH the AOS... and it's good for 1 year... read that from YuandDan. But, what about the validity after June 1, 2009? I can't seem to find anything on that at all... will the EAD really become invalid???

Thanks for your help on this!

Krista

[July09Bride 1]

USCIS website

$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930.

Here's a better synopisis.

Special Instructions :

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.

source

[Carlawarla 1]

I think you're just a bit confused about the terminology. You come into the US on a K-1. You marry. You apply for AOS. At the same time you apply for Advanced Parole and your Employment Authorized Document. You only send in one fee now. Yes, that's true. You used to have to pay for both the AP and EAD, however at that time the Adjustment of Status was cheaper. Now they just made it one price, and you apply for AOS, and the other two at the same time for free. That EAD is for work, which you can apply for after you get that document. It can take upwards to 90 days (sometimes more or less) to get it.

You can't apply for any of these things until after your married. So, technically,if you came over on your K-1, then married, then applied, you're still looking at a 3 month wait until you can legally work, with that EAD document. This allows you to work, until you get your GC.

The "temp" stamp people are talking about that will no longer be given is when you cross the border. Historically it was given at border crossings when you entered with a K-1 and it would allow you to work for 90 days, or, until your I-94 expired. People would then get married, typically apply for their Adjustment of Status and EAD, and AP, and get it before the employment stamp that people got when they entered the US expired, so they'd just continue working. If they didn't get it, they'd be forced to stop working until they got their EAD in the mail. As time went by, (I have no idea how long), border crossings or POE's stopped issuing these stamps. The most notable one did not...JFK airport. After June 1st however, even they will stop giving out this stamp.

You could when you enter, and not getting the stamp apply for EAD right away, but the provisions for this are under a different subsection, and are basically the same as the "stamp", meaning that they again, were only until the I-94 expired. Often it would take upwards to 90 days to get as well. Sometimes in fact people would get it, with only maybe a week before it expired. The cost? $340.00.

So, in essence, you come down on the K-1, and you can't work until you get your EAD. You can't get your EAD until you've married, applied for your AOS, and EAD and you receive back your EAD. That can take upwards to 90 days. In the interim, you can't work.

Hope that clears that up.