Surf2Salsa

Congratulations!!! And thanks for updating your timeline.

I'm surprised at all the debate this has caused.

The I-9 is a USCIS form "Employment Eligibility Verification" required to be filled out and retained by an employer to verify that an employee is indeed eligible to work. Some employers will take your social security card, identification and I-94 with the EAD stamp fill out the I-9 have you sign it and say you are eligible to work, others upon following the letter of written procedures may not. The reason is that the i-94 with an EAD stamp of a K-1 Visa beneficiary is not listed as an acceptable document for employment verification as per the I-9 instructions. However a K-1 fiancee is eligible to work according the the Family Based Immigration Guidelines, thus the reason that a K-1 Fiancee gets a social security card.

Looks like, legally a K-1 Fiancee Beneficiary is entitled to work, however they can't legally prove it. Confused? Absolutely, immigration is confusing.

The answer is? The I-9 is on the burden of the employer, not the employee. I don't believe you are breaking any laws by working (don't know if others on this forum will jump all over me on that) but the employer may be breaking laws by not following the I-9 requirements. This seems like a catch 22 problem arising out of different departments within USCIS writing procedures based on guidelines and directives pertaining to their area while not being aware of the other.

It can get long and complicated describing all of these, and the bottom line is none of that is going to correct the problem.

I'm sure others will post more opinions on it for you.

Sorry for the confusion.

Good night guys, going to use my new MetroPCS phone with unlimited international long distance to call the DR, then off to sleep.

Pick this back up tomorrow.

I have been following this very interesting topic, with what sounds like great legal minds battling to the finish, and I'm left askng myself why, if it's virtually useless, is a K1 able to get an EAD stamp upon arrival?

Dionne

The problem is a micro example of the US immigration mess that we face. In this example, is the Family Based Immigration and its policies. Where the K-1 process is a part of that. The thought being and the policy that follows is that in a K-1 visa it is assumed that the beneficiary would marry and stay in the US, therefore they are allowed to apply for a social security card and are authorized to work. The flip side is that current procedures do not take that into account and an EAD stamp on an I-94 is not valid for an I-9 document proving the beneficiary is authorized to work. Hence a catch 22 situation.

I have been following this very interesting topic, with what sounds like to great legal minds battling to the finish, and I'm left askng why is one given an EAD stamp upon arrival if they aren't allowed to work? Is it the new policy, as of April 2009, to not issue this stamp unpon arrival for K1 Visa applicants?

Dionne

You hit the nail on the head.

This became a hot topic, we made it to the front page!

You have to be able to joke a bit about some things in this process.

At lot of this is frustrating, ironic, pathetic and/or stupid, a little humor here and there eases the waiting process.

Bubbaa of course would be a fictional character/employer, you can leave it to your imagination of what a character like that would think & care about a properly filled out I-9.

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

LOL.... working without Authorization is outwith my knowledge... just dont lie about it to USCIS or it may come back to bite you later on down the road. There is a lot of time between getting AOS and Citizenship..

Bubbaa won't tell.... I'm real sure of that

You should see the kitchen staff

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

Looks like you may now have to e-file an I-765?

From USCIS:

Who Is Eligible to e-File This Form

Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

*

Category 274a.12(a)

o

(3) Refugee

o

(4) Paroled Refugee

o

(5) Asylee

o

(6) K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent

o

(7) N-8 or N-9

o

(8) Citizen of Micronesia/Marshall Islands or Palau

o

(10) Granted Withholding of Deportation

o

(11) Deferred Enforced Departure (DED)/Extended Voluntary Departure

o

(12) Temporary Protected Status (TPS) - TPS applicants may file only for re-registration via the e-Filing System; e-Filing is not available for initial or late initial registration. For a list of countries and dates that USCIS has designated as currently eligible to file for TPS, please visit the Temporary Protected Status page.

o

(13) Family Unity

o

(17) E-1 or E-2 Spouses

o

(18) L Spouses

*

Category 274a.12©

o

(2) Dependent of TECRO E-1 Nonimmigrant

o

(3)(a) Pre-Completion Opt 12 Months

o

(3)(B) Post Completion Opt 12 Months

o

(3)© 17-Month STEM Extension

o

(3)(ii) F-1 Student offered off-campus employment under the sponsorship of a qualifying international organization

o

(3)(iii) F-1 Student seeking off-campus employment due to severe economic hardship

o

(5) J-2 Spouse or Minor Child of an Exchange Visitor

o

(6) M-1 Practical training

o

(8) Asylum applicant

o

(9) Adjustment applicant

o

(10) Applicant for Suspension of Deportation (Non-NACARA)

o

(11) Public interest parolee

o

(14) Deferred Action* (may be eligible at a later date)

o

(16) Adjustment Applicant Based on Continuous Residence Since January 1, 1972

o

(17)(i) B-1 Domestic of nonimmigrant

o

(17)(ii) B-1 Domestic of certain U.S. citizens

o

(17)(iii) Employee foreign airline

o

(18) Final Order of Deportation

o

(19) Temporary Protected Status (TPS) - Please visit the Temporary Protected Status page for the most updated information regarding eligible TPS countries.

o

(20) Section 210 Legalization

o

(22) Sec 245A Legalization

o

(25) T Dependents (may be eligible at a later date)

That was my next comment, the I-765 fee and time frame makes it useless

Ohh, ohh, is this 2 against 1?

LOL...........only if that is what it takes to get you to see you're 'wrong'.

Which btw - we aren't trying to 'win' the argument. We just don't want incorrect info on the board.

Friends?

Friends of course, this topic got interesting real fast.

There seems to be a serious contradiction of two policies.

Been in DR with my fiancee 3 times since tax season ended.

Haven't gotten up to date ("yet")

But this looks like a case of the right hand not knowing what the right hand is doing, typical with USCIS.

Looks like someone messed up somewhere, this is contradictory to Family based immigration policies.

Going to look into it further.

TayRivers, sorry to say, you’re wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she’s authorized to work (based on the information provided, I haven’t seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She’s authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I’m an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I’ve been dealing with federal and state agencies for almost thirty years. I’ve had state and federal agents in my office, reviewing records of clients. I’ve handled hundreds of federal and state audits. I am not an immigration expert, and I’m not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

Sorry Salsa, but you are wrong.

Accountants and tax preparers do not human resource managers make.

I would idly note than any HR department relying on their accountant or tax preparer for advice on compliance with the I9 is looking to the wrong source.

Ohh, ohh, is this 2 against 1?

I thought that all employers have to use the E verify system? My understanding was that the E verify, itself, killed the EAD stamp because it doesn't have the required bar code or some such digital info. But I guess if you can still do it the old fashion way then I guess the stamp will still work.

Right from the e-verify portal:

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

Federal Contractor rule delayed until September 8, 2009

The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until September 8, 2009.

The rule will only affect federal contractors who are awarded a new contract after September 8, 2009 that includes the Federal Acquisition Regulation (FAR) E-Verify clause (73 FR 67704).

TayRivers, sorry to say, you’re wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she’s authorized to work (based on the information provided, I haven’t seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She’s authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I’m an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I’ve been dealing with federal and state agencies for almost thirty years. I’ve had state and federal agents in my office, reviewing records of clients. I’ve handled hundreds of federal and state audits. I am not an immigration expert, and I’m not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

It all depends on the requirements of your health insurance company, almost all require a SSN for dependents listed under the beneficiary.

You may be able to get her temporary benefits with a copy of the marriage certificate, and they may require proof of SSN application.

Contact your employer's human resources for their requirements. But get that SSN ASAP, you need it for everything.

What she got is NOT the I-551 stamp (#3) but the stamp as listed on #5.

#3 is for ONLY immigrants... as she is a "K" visa holder which is nonimmigrant

She's fine with what she has. She has identification, social security number, and employment authorization.

I deal with these all the time, and with employees and employers trying to circumvent the process.

If she has any problem, then the problem is the person receiving the form on the other side.

Read the I-9 instructions, even a receipt for a replacement document not available to the employee is acceptable.

I saw one incident where a human resource person insisted on a green card for a young lady born in Puerto Rico.

I-9 will not be a problem, my office handles dozens of them weekly.

First page, Section 1, above the signature and date: Check the box, An alien authorized to work, Alien # or Admission # until (if applicable)

Acceptable documents LIST A, use number 3, her passport with the EAD stamp (I-551 stamp)

Go ahead, get to work like the rest of us!

When you mean electronic check, you mean an ACH payment, wire transfer, etc.?

I believe that your payment must PHYSICALLY be attached to your application.

I don't believe that there is a way that USCIS can match an electronic payment to a pending application for a I-129F

your case number is not assigned until your application is received along with your payment, get it, catch 22.

If this is the case, and if I'm not wrong, either find a US bank that can provide a paper payment to send with your application or send the package to a friend or relative in the US who can then attach a payment to your application.

Hope this helps

Ohh, nice pics by the way.

You didn't need to apply for an EAD with your AOS, you already have an EAD!

The reason they gave you an EAD valid until May 2010 (very nice of them) is to give you ample time to process your AOS and get your green card.

Good luck, you're doing well!

Your EAD stamp on your I-94 is your Employment Authorization Document, "EAD"

That along with your SSN, ID (your passport) and you're set to go.

Welcome to the rat race.

Yes, the immigration laws are not easy to understand. However, besides our perception of understanding them, USCIS, Customs and Consulate officials are have stacks of cases that they are examining for fraud and intent. This is an additional factor everyone in the process must take into account.

I feel for you and your fiancée, you both had a lifetime of happiness in your grasp, yet because of simple lack of understanding the process it may have been thrown away. Even to this point, if I where a US Consul official, after reading your last post, I could interpret your K-1 petition as not being genuine. Your own statement “I offered up the K1 visa option if it would help them get things worked out because my fiancée and I had talked about already”, think about what you just wrote and what is written in your previous posts.

I’m not 100% sure, but due to your circumstances a spousal petition with a waiver might be more fruitful, less costly, aggravating and time consuming than a fiancée k-1 petition with a waiver. Remember, you need a waiver; you have valid hardships, one being your 3 year old daughter.

The flip side of all of this, “I don’t want to be the one playing devil’s advocate”, but evaluate the relationship and how important it is for you, this one is going to be a tough one. Be smart, be careful, could there be other factors you might not be aware of causing a 5 year ban? Reading between the lines, could there be other issues, family, career, business etc? Is the attorney here or in Japan? Remember, he’s the employer’s attorney, not yours or hers.

Anyway, got to go, good luck, hopefully other members can be more helpful.

Congratulations!!!!!

I’ve been working in the accounting and taxation field for almost thirty years. Until recently (due to my own petition) I’ve only dealt with immigration issues on the surface and only as it related to my work, attorney referrals and client’s needs. But thru this exposure, I have personally seen thousands of cases, stories and circumstances.

It seems to me this is a combination of ignorance and simple stupidity (no insult to you or your fiancée intended). But very often people travel or intend on traveling and visiting a foreign country without carefully reviewing procedures, immigration and visa guidelines and some basic laws and regulations, and the consequences if these guidelines, laws and regulations are not followed. I’ve seen this happen frequently with visitors from developed countries such as Japan, Korea, England, members of the European Union and even Americans traveling to other countries overseas. Visitors from underdeveloped and third world countries seem to be more informed as to the whole process, obviously due to the difficultly of been able to obtain a visa and enter legally.

If the intent was to enter, over stay the visa and adjust status, your girlfriend/fiancée would have just stayed, gotten married and filed for an AOS. But her actions raised numerous red flags, overstayed visa, a B1 vs. H1B. Any mention of entering the US with the intent on marrying, entering pregnant and giving birth in the States, working without a work permit are big no no’s with USCIS. (I know the last two are not your case), it seems to me she might have seriously pissed someone off upon her entry. They slammed the book on her with a 5 year ban.

It’s quite unlikely that she will be issued a visa again in the near future. Think this one thru, and if this relationship is that important to you, consider skipping the fiancée K-1 process. Get married in Japan, and look into the process of petitioning her as your spouse and getting a waiver. Your other option is? How’s good is your Japanese?

Good luck.

Cuando entrastes a los EEUU?

Cuando te casastes legal?

Congratulations!!