johnjez

My wife received her temporary resident status card on Nov 22,2005. We did not even have to go for an interview. Is that normal? I now have to apply for her permanent residency card 90 days before Nov 22 2005

The K-1 visa holder is legally allowed to work in the USA as long as they have a valid I-94 after the I-94 expires they need an EAD to legally work, again this is from the SSA memo dated 04/2003 "1. Aliens Work Authorized Without Specific INS Authorization The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD {K-1 Fiance(e) of U.S. citizen}." When she reports to work I'll have her bring her k-1 visa along with her I-94 and a copy of this memo with the SSA web site. I have filled her AOS and EAD papers. The only problem I may have is if her I-94 expires before she receives her EAD. I did not do much research on her working while on a K-1 visa. But she was looking through the want ads and decided to e-mail her resume. She wanted a feel for how US companies do business. I did not expect her to be hired on her first interview. Now I had to research on if she is legally allowed to work. I posted in CFL and received many different responses, calling SSA gives different replies also. I sent the SSA web site to my lawyer to see what his reply will be. Monday I'll call USCIS and see what their reply is. In the end I'll post the results on weather she is allowed to work on her I-94 without an EAD on a K-1 visa or not. Remember this does not apply to a k-2, K-3 or K-4 visa. Only K-1

Lele says{If you did not get this stamp (because you went through an airport which does not serve many immigrants, and hence does not know about the stamp), they I think you need to go to the local office to *get* the stamp} Tywy-99 Says {I posted some info/experiences above. There is a memo that was put out in November 2000 giving K-1 authorization to work, (EM-00154). I believe the memo is still in effect but not sure. You can download a PDF image of this memo from the above site. Make a copy of it and present it to the SSA rep and to your SO's employer. hope this helps. you may already be aware of it.} SSA says1.{ Aliens Work Authorized Without Specific INS Authorization The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD. ]EM-00154 The EM-00154 memo states: "A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show and employment authorization document (EAD) as proof of employment authorization when applying for a Social Security Number (SSN) card." The memo further states: "When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired: I-94 showing the alien is admitted as a K-1 for a 90-day period; or EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category). The memo also states: "Some I-94s issued to K-1s are stamped or annotated "Employment Authorized," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work." The memo is File no. EM-00154 dated November 1, 2000" I have to agree with Tywy-99 'You do not nead a EAD to work as long as you have a valid I-94. I did write to my lawyer and sent him the SSN web site for his imput . But after reading all the replies from my 2 post. It seems we are confused about the EAD and the K-1 visa. SSN is even more confused. Depending on who you talk to. I just want to clear this up for K-1 visa holders who want to work.

My wife starts work next week on her K-1 visa without and ead. I have been to the SSA web site many times trying to decipher their laws and meanings. It is also basically useless to call them. They have to many different replies. I will post this directly from the SSA web site with the address from this page and add some excerpts. I plan to print this out and have my wife bring it with her to the job in case they have any questions. Any lawyers out their want to tell me exactly how to interpret this. In this forum people say yes she can work without and ead. Others say she can defiantly not work. Read from this SSA web site and see what the consensus is. Thank You http://policy.ssa.gov/poms.nsf/36f3b2ee954...b4?OpenDocument . POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION The following policy applies to employment authorization by class of admission. 1. Aliens Work Authorized Without Specific INS Authorization The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The aliens I-94 will not have the INS employment authorization stamp and the alien will not have an EAD. For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol. FO: Ask the alien which he/she is and see RM00203.500C.2. and RM 00203.500C.3. if the alien is the spouse or child. Class of Admission Description A-1* Ambassador, public minister, career diplomat or consular officer A-2* Other foreign government official or employee A-3* Attendant, servant, or personal employee of principal A-1, or A-2 C-3* Foreign government official in transit through the U.S. E-1* Treaty trader E-2* Treaty investor F-1 Academic student - for on-campus employment, and DSO authorized off-campus practical training. (See RM 00203.470) G-1* Resident representative of recognized foreign member government to an international organization G-2* Other temporary representative of recognized foreign member government to an international organization G-3* Representative of unrecognized or nonmember foreign government to an international organization G-4* Representative of international organization (officer or employee) G-5* Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4 H-1B Worker in a specialty occupation H-1C Registered nurse H-2A Agricultural worker H-2B Non-agrarian seasonal worker H-3 Trainee I* Foreign information media representative J-1 Exchange visitor (pursuant to an approved program) (See RM 00203.480) K-1 Fiance(e) of U.S. citizen Aliens Who Require an EAD From INS Authorizing Employment The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD. EXCEPTION: Employment authorization may be shown on the I-94 for a refugee, on Form I-20 ID for an F-1, or on a sponsors letter for a J-1. Class of Admission Description A-1, A-2 Spouse or child of principal A-1, A-2 alien (provision of law: 274a.12©(1)) B-1 Visitor for business who is: A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant (provision of the law: 274a.12©(17)(i)) A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.) (provision of the law: 274a.12©(17)(ii)) An employee of a foreign airline and the employee is not a national of the country of the airlines nationality (provision of the law: 274a.12©(17)(iii)) NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations. E-1 Spouse or child of principal E-1. Spouse of treaty trader E-2 Spouse of treaty investor F-1 Academic student - for employment while F-1 is pursuing a full course of study or authorized optional practical training (provision of law: optional practical training -274a.12©(3)(i); employment with an international organization -274a.12©(3)(ii); economic hardship - 274a.12©(3)(iii)) G-1, G-3, G-4 Spouse or child of principal G-1, G-3, G-4, alien (provision of law: 274a.12©(4)) J-2 Spouse or dependent child of J-1 alien (provision of law: 274a.12©(5)) K-2 Child of K-1 (provision of law: 274a.12(a)(6)) K-3 Spouse of U.S. Citizen (provision of law: 274a.12(a) (6)) K-4 Child of K-3 (provisions of law: 274a.12(a))

My fiancée arrived in Connecticut on Jan15, 2005. She if from Guangzhou, If you live in New England you will know we got pounded by lots of snow and freezing temperatures. We made due keeping warn indoors. I started nice cozy fires in the fireplace. She calls my place a jungle it is actually a suburb. But anyway I applied for her SSN on Jan 29, 2005 She received it in the mail 7 days later, but she needs DHS authorization. We married on Feb 15, 2005 it had something to do with being a lucky Chinese day for marriage. Yes I will file a name change with the SSN; her number will remain the same. {If I’m lucky they will forget to write " Valid for work only " ok maybe not Now for the fun part. All of her paperwork was taking at the Detroit POE, The most important one was her birth certificate and everything else we may need to file for the I-485 form. I will have to get duplicates from China unless there is a way to get the INS to send them to me. I have not read of anyone asking for them from the INS. Of course she has found a job, but she does not have an EAD. What is the fastest way to receive an I-765 EAD? Should I E-file online? Apply at a local office {I was hoping to file the I-485, I-131and the I-765 at the same time now it is impossible without the supporting documents] How long is the EAD valid if it is not filled with the I-485? I think I read that in this forum it is only valid for 90 days. I also read they grant the EAD the same day in Boston, I also read they now send everything to Chicago. My hindsight will be 20/20; as usual foresight is still very weak. Thanks for any info

Speaking of arriving late to pick up the visa. My fiancée picked her visa up a day late. She picked up her visa on Tuesday instead of Monday. She arrived at the consulate at 5: 00 PM on Monday they were closed. She said her taxi was stuck in traffic. She then arrives on Tuesday with her hands full of packages after a heavy-duty day of shopping. She did not want them to think she was too anxious to receive her visa. She had to go to the window and tell them her name after all the names were called for the people scheduled for visa pickup. Ahha nothing like a little suspense.

Congratulations. Only Monday left before visa is in hand[ enjoy the weekend wait]

Congratulations. Only Monday left before visa is in hand.[ A long weekend is comming up for us}

I see it has been a good day for white slips. This makes it 3 out of 4 reporting. One hurdle left before she arrives in CT. on Jan 15. Pick up her visa on Monday at 4; 00 PM. I was going to post this last night, but my cable connection was down. I have a list of the questions my SO was asked. She was directed to window 12, the VO was an attractive 25-year-old Caucasian American woman. She was very friendly, I told my SO just to keep talking as she answered the questions. Here is the e-mail she sent me with the following events and questions she was asked. Some basic information about myself and my SO. Just as a reference point for those with similar circumstances. I am 45 married twice with no children; I'm doing ok financially. She is 27, never married no children [that will change soon enough] received an MBA, her family is financially secure. This is her letter of the events that transpired at the US consulate in Guangzhou on Jan 7, 2005. Take it away my SO. "I arrived at the consulate at 7:30 Am, outside about 10 People were waiting in line. I show the security guide my appointment letter immediately he let me in, then I was waiting In another line at the first window door. I am sixth in line. After I pass the security door I arrive into the big room For immigration visa. When I go in, there are about 30 chairs they are all full with people, and there are also 30 more people standing, so I know I am not the first one in line, Probably I am almost the last one to be called. I wonder when Those people arrived here, maybe at 5;00 am. At 9 o-clock they call my name and I give them the Envelope (including all of the documents) to the Chinese lady. (She asks me hurry up) she gave me Number 65. I wait until 10:30 before they call people waiting in the two lines in front of the window. 4 and 5 people are waiting to be fingerprinted. At 11; 00AM everybody stands up making a wish for success today. We swear everything we are about to say is true and all the documents are also true. I wait until 11:45AM when I am told to report to window 12. (At that time most of the chairs are empty) She is a very sweet and beautiful lady. She smiles to Me and speaks very friendly. VO: Hello! Me: hi VO: Your passport please! Thank you Me: Here it is! Thank you VO: Have u ever been to American before? Me: Never. VO: Who is your applicant? Me: John So and So{somebody or other I think] ok just kidding VO: Your photos please? Me: These we take in Sanya. VO: Wuao! Beautiful picture!! Smile! Me: when we were there, the Miss would competition was being held in Sanya and we join the party, Miss Greece Boyfriend was sitting beside John my fiancé. VO: Oh, Smile! (Still very interesting to see the Photos) Me: And this is the second time and third time John visited me in China. VO: How did u met? Me: We met on Asian friend finder in March 2003 She: She is looking at john with my family picture, VO: Was he married before? When was he divorced? Me: yes 2 times. His divorce was in Dec 2003, they were seperated before we met online. He has 2 stepchildren VO; Did u met Johns' parents? Me: No, but I talk to them on the phone. VO: OK, can I see his financial support please! Me: This is I-134 and Tax 2003. (I also have house Assessment, his retirement account, his bank account and Credit card account report)(maybe she didn’t hear That) She: Are u working now? VO: I am not presently working now because of the K1 visa. I received my MBA from Malaysia and we Are going to open our own business in American. I have a Company letter if u want to see. VO: OK. (She read very seriously, but with friendly Face) what business is u goings to do in American? VO: We will join the exhibition in New York City. I have to Study the American Market first. We will make Plan when I arrive there. VO: Where will you marry? Me: America! VO: where? Me: Connecticut VO: Well, it's good, he is living there! Where is His parents live? Me: In Connecticut too, but there are on vacation Now in Florida. VO: OK, (she is smile to me with the very satisfy Face) thank you, (She give me the white slip with Both hands) you take this paper come by Monday to Pick up your visa. Thank you, good bye. Me: Thank you, have a nice day. Takes me about 10 minutes with 11 questions. And I was worried? Now if it were only Monday and her visa is in her hand.

My fiancee lives in Guangzhou. My first 2 trips I sent my passport to FlyChina for my dual entry China visa. Price is $90.00 single entry, $115.00 for dual entry.Takes about 2 weeks. They also have rush service for an extra $44.00. Then before the 30 days was out I would hop across the border into Hong Kong then back into Shenzen to visit her friends then take a train or bus back to Guangzhou. The visa was good for 6 months. My last 2 trips I picked up my visa at the Chinese consulate in Hong Kong.You can also have a travel service in Hong Kong do it. I have no idea on their fee. But it is much cheaper then $160.00 usd , I paid $75.00 for a dual entry with next day pickup. Single entry was $50.00, but only valid for 3 months. It is slightly more for same day pick-up, but you had better get their early in the morning. I also heard you could extend your visa at a PSB{police station} anywhere in China. I read it in my travel to China book. I have no idea on the cost .

This Is NWA contact address in Guangzhou. You can purches tickets at NWA in China www.nwa.com/cn Northwest Airlines, Inc. Unit No,509 C Block China Hotel, Liu Hua Road Guangzhou 510015, P.R.China Reservation tel: 4008140081 Fax: 800-810-1855 www.nwa.com/cn

I also bought my first two trips to China through FlyChina. I was going to purchase this trip for my fiancée through them. They wanted 759USD for a one way ticket from Guangzhou to Providence. In China Hotel in Guangzhou they wanted 729 USD round trip. The 410 USD round trip to NYC was dirt-cheap. I posted it in case anyone wants to fly out of Guangzhou to NYC before JAN 31 I'm assuming NWA had a sale on tickets from Guangzhou to NYC, because the new Guangzhou airport just opened this year. This was NWA first venture their, maybe they offered very cheap tickets to the Chinese travel agents for flights out of Guangzhou and my fiancée was lucky to buy one.

I had my fiancée purchase a round trip ticket in China to depart on Jan 15 2005. NWA is having a promotion. It cost 420 USD to fly round trip from Guangzhou China to New York JFK. Must be purchased before Jan 31. I bought her a round trip ticket from Guangzhou to Providence RI from NWA for 729 USD round trip. We picked a return date for May 31 2005 taxes included. Of course using the return date is optional. We can plan a trip to China and purches a one way ticket when the price falls and I receive the World perks miles. She purchased them at the China hotel in Guangzhou. Her interview date is Jan 7 2005. If something were to go wrong we can change the date for 150 USD to fly to USA at a later date. When I travelled to China from Sept 13 - Oct 15 My price was 459 USD +20,000 World perks miles round trip. I booked it well in advance. But if you want to visit NYC that is a very cheap price. Have her compare the price in China and you can purchase them with your credit card. If you do allot of traveling to China sign up for the World perks I know NWA lands in Detroit or Minneapolis when it lands in the USA you can purchase the ticket to JFK for 429 US$ then purchase a one way ticket to your destination in the USA from Detroit or Minneapolis I checked the price from JFK to Providence and it was 200 USD You just have to figure out your options One last thing On NWA you can print out and chose your seat 24 hours before the flight. I now I sound like an ad for NW. I gained this knowledge after travelling to and from China 4 times. How many chose a window seat from China to USA only to find out when nature calls the 2 people next to you are sleeping. I chose an end seat close to the rest room and movie screen. I will help my Fiancee choose her seat and download her E ticket the day before she arrives.

I was searching for information on filling out the forms. I will list the web sites that you may find useful. you can actually fill them out online together then she can print them out. Is there a reason why CFL does not have a thread for these forms http://usembassy.state.gov/seoul/wwwhsmple.html http://www.exit.com/~frank/Visa/ I am sure others in CFL can offer suggestions to other web sites on any information on P-4 forms

Thanks everyone Now I get to play with this web site. I had to find the correct program to downsize my pic for posting the avatar. Next will be entering my information in my control panel. Then begin preparing for my fiancées arrival. Yes my house is a mess. Got to go China is calling