EAD Stamp

[john90]

Hi,

 

My wife had an EAD stamp all this time on her little I94 document. My wife had come in through JFK airport, and they stamped it.

 

Anyway, thanks to DavidZixuan, BuffaloPaul and others pointing in the right direction. Anyway, the stamp is not obvious,and you really need to look hard to see it.

 

I have a question though, my wife came in on a k1 visa, and we filed for the for the AOS and EAD earlier this week ;her K1 Visa and EAD "expire" this week.

 

I know that the K1 Visa is "extended" after you are married and file for AOS, but does the same type of "visa extension" apply for the EAD as well if you apply for the one year EAD?

 

Since we are now married, and the EAD Stamp on her passport technically expires this week, can she still be legal to work until her regular one year EAD document arrives? Or does she just have to stop looking for job until it is processed?

 

Thanks in advance for any help.

Edited September 28, 2005 by john90 (see edit history)

[Guest Gene]

We were a K-3 and didn't come through JFK so we didn't have those options. But what I have gathered from reading here is that once the K-1 visa is expired so is the work permit and she will have to wait for the EAD to come through.

 

As I understand it the K-1 visa is not extended but by filing the AOS she is not out of compliance with USCIS or DOS or DHL

[john90]

We were a K-3 and didn't come through JFK so we didn't have those options. But what I have gathered from reading here is that once the K-1 visa is expired so is the work permit and she will have to wait for the EAD to come through.

 

As I understand it the K-1 visa is not extended but by filing the AOS she is not out of compliance with USCIS or DOS or DHL

157646[/snapback]

Thanks for your response.

 

Ok, so the k1 visa and EAD is not extended by filing an AOS.

 

Since the K1 expires this week, and we still have no NOA proving we filed for an AOS, what does she do incase she is stopped by law enforcement agents and they ask her about her "immigration status"?

 

All she can do is show her passport as an ID and it will show her visa expired. I am afraid of some law enforcement agents apprehending her and bringing her into an office to verify her status. We tried to apply for a "Non Driver ID" from the New York State Department of Motor Vehicles, but they refused to process our request because they said her VISA will expire soon. Should she carry a copy of our marriage certificate in her wallet (this is a serious question) ?

 

 

Thanks

Edited September 29, 2005 by john90 (see edit history)

[Guest Gene]

John I don't think you need to go into hidding yet. This is a common overlap and most K-1's go through it.

 

You have complied with what is required of you by getting married within the 90 day period, and now you have filed the AOS.

 

When did you file the I-485?

Have you checked status of the I-485 on the USCIS site?

[john90]

John I don't think you need to go into hidding yet. This is a common overlap and most K-1's go through it.

 

You have complied with what is required of you by getting married within the 90 day period, and now you have filed the AOS.

 

When did you file the I-485?

Have you checked status of the I-485 on the USCIS site?

157677[/snapback]

Yes,

 

I can't find the status of my I485 on USCIS website because it asks for a receipt number. As of now, I still haven't recieved a receipt number yet.

 

But I guess I will get the receipt(NOA) in about another month or so....

[Guest Gene]

You should get a NOA1 in two to three weeks. Also you can check to see if your check was cashed, if it was you can get the MSC receipt number from the endorsment.

[john90]

You should get a NOA1 in two to three weeks. Also you can check to see if your check was cashed, if it was you can get the MSC receipt number from the endorsment.

157692[/snapback]

Ok...Thats faster than I expected... great...

 

 

Thanks for your help.

[frank1538]

Since the K1 expires this week, and we still have no NOA proving we filed for an AOS, what does she do incase she is stopped by law enforcement agents and they ask her about her "immigration status"?

 

All she can do is show her passport as an ID and it will show her visa expired.  I am afraid of some law enforcement agents apprehending her and bringing her into an office to verify her status.  We tried to apply for a "Non Driver ID" from the New York State Department of Motor Vehicles, but they refused to process our request because they said her VISA will expire soon.  Should she carry a copy of our  marriage certificate in her wallet (this is a serious question) ? 

 

 

Thanks

157669[/snapback]

First, remember immigration is a federal matter, not a state/local matter. The chances of her getting stopped by a federal immigration law enforcement type are very remote - just ask any of the 10+ million undocumented aliens already in the country.

 

Second, she is still legal as Gene points out. Technically, she is in "a period of stay authorized by the Attorney General." Jingwen carried no proof with her, but I guess a copy of your NOA1 would be okay.