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K1 Visa, Married, Temporary EAD Possible?


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If you have a K1 Visa, and already got married can you apply for a Temporary 90-day EAD (Authorized for work) card?

 

Want the temporary 90-day card so we can get SSN card, drivers license, and bank account. Tried and tried finding information about this but got conflicting and confusing information. Thanks in advance...

 

Shi2Tou5

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If you have a K1 Visa, and already got married can you apply for a Temporary 90-day EAD (Authorized for work) card?

 

Want the temporary 90-day card so we can get SSN card, drivers license, and bank account.  Tried and tried finding information about this but got conflicting and confusing information.  Thanks in advance...

 

Shi2Tou5

Welcome to the club! We have been trying to get info regarding this, plus trying to get a SSN card but have met nothing but a firewall of ignorance and conflicting information. Evidently, nothing can be done until a persons name has been entered into the BCIS system. Li arrived over two months ago and still has not been entered. Go figure. :D Three phone calls to BCIS netted the following answers to the question: Who is responsible for entering the info into the system.

 

Regional BCIS Office

 

National Visa Center

 

Customs Personnel at Airport

 

Three phone calls, three different folks, three different answers. :huh:

 

We are in the same boat as you. No SSN, thus no bank account, drivers license, etc. And even more exasperating, no answers.

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Very confusing indeed! My understanding is, no, after you are married you cannot get the temp. You need to file the I-765 EAD. But there seems to be conflicting info even on this. Stay tuned, as I will be filing the I-485 and I-765 on Monday at my local BCIS office. I will let you all know what happens. :D

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Very confusing indeed!  My understanding is, no, after you are married you cannot get the temp.  You need to file the I-765 EAD.  But there seems to be conflicting info even on this.  Stay tuned, as I will be filing the I-485 and I-765 on Monday at my local BCIS office.  I will let you all know what happens. :D

Please keep us posted AZ. I would be interested to see how this works out for you. Down here in Dixie, one has to file AOS and EAD at Atlanta and this cannot be done in person as far as I can tell. Has to be sent in via mail. Info they publish says EAD takes a minimum of 90 days, sometimes longer. AOS can take up to 36 months. :huh:

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Very confusing indeed!  My understanding is, no, after you are married you cannot get the temp.  You need to file the I-765 EAD.  But there seems to be conflicting info even on this.  Stay tuned, as I will be filing the I-485 and I-765 on Monday at my local BCIS office.  I will let you all know what happens. :D

Please keep us posted AZ. I would be interested to see how this works out for you. Down here in Dixie, one has to file AOS and EAD at Atlanta and this cannot be done in person as far as I can tell. Has to be sent in via mail. Info they publish says EAD takes a minimum of 90 days, sometimes longer. AOS can take up to 36 months. :(

Look on the bright side....if the AOS takes 36 months, you win a 10 year card. Also seems like 3 years of residence is the time limit to apply for citizenship (if that is of interest).

Good point Don. But when does that three year clock start ticking? Upon arrival, or upon granting of AOS? :huh:

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We got married and just went to the local SSN office. They only required her passport with the K1 and I94 stamp. They gave us the SSN and then we went to the bank etc and everything is fine for us. the SSN has work restriction on it but bank did not care about that. I have now contacted an immigration lawyer to do the change of status etc......

george and ling

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We got married and just went to the local SSN office.  They only required her passport with the K1 and I94 stamp.  They gave us the SSN and then we went to the bank etc and everything is fine for us.  the SSN has work restriction on it but bank did not care about that.  I have now contacted an immigration lawyer to do the change of status etc......

  george and ling

It would seem the application of policy is different in different Social Security Offices. Here we got married, went to the office, they refused to issue a card because Li had yet to be entered into the computer system by BCIS. They still refuse to issue the card until that happens.

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We got married and just went to the local SSN office.  They only required her passport with the K1 and I94 stamp.  They gave us the SSN and then we went to the bank etc and everything is fine for us.  the SSN has work restriction on it but bank did not care about that.  I have now contacted an immigration lawyer to do the change of status etc......

    george and ling

It would seem the application of policy is different in different Social Security Offices. Here we got married, went to the office, they refused to issue a card because Li had yet to be entered into the computer system by BCIS. They still refuse to issue the card until that happens.

definitely different policies in different SSN offices. We got married, went to SS office and was told cannot get SSN without filing for EAD with local BCIS office. My suspicion is that there is a varying degree of ignorance among the various SS offices and officers. Maybe it would help to take the 'memo' to the SS office. :lol:

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We got the SS card by showing the PP with I94 and marriage certificate. The certificate seems to be necessary only with a different name on the application than is on the PP.

We have filed AOS and are now going to take up the matter of getting the State of Colorado to change the requirements for a drivers licence. Hers expires today, the same day as her K1 visa. They will not accept the receipt that BCIS gave us. I do not think it is fair that some one has to get an EAD just to get a DL. Stay tuned.

Life is sweet!

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Thanks for posting this Jatuke, it provides useful information. However, where we are stuck is in the last paragraph. They cannot verify Li's information on line due to the fact that it has not yet been entered. It is enough to make me want to scream. :( :D

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If you have a K1 Visa, and already got married can you apply for a Temporary 90-day EAD (Authorized for work) card?

 

Shi2Tou5,

 

Hope this helps...

 

After Yan and I got married we went to the local BCIS office and received the temporary EAD card that was good for 90 days. After filing the AOS paperwork and getting a receipt in the mail we went back to BCIS and picked up the 1 year EAD card.

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Ok, group, Thanks for all the replies.

 

Here is our story. I read online very conflicting information from different sources, we decided just to give it a try. All they could do is deny us and we waste some time.

 

We got there around 8am and was finally called to the window around 10:15, BCIS officer gave us the form and asked us to fill out the form I-765. We wrote on the form that we were Married and I even changed my wifes name to her First Name, her family name as Middle name, and my family name as Last Name (we decided and know others have done this to keep the Chinese family name). We went back to the window. They asked us to sit down (then asked for her passport) then eventually asked us to come up and they DID Give her a free Temporary 90-Day EAD card (took her picture). Note, this is the Indianapolis BCIS Branch, the lady also helped us out by giving us a sheet stating what Indy BCIS wanted (Indy BCIS K1 check off list, she stated that the forms online don't give everything/are not as specific that they Indy BCIS want), and all the forms, and stated that we need to mail the forms back to the Indy BCIS branch and not the Nebraska HQ branch.

 

After this we walked over to the federal building to get the SSN number at the Social Security Administration office. At first the lady stated that we would not be able to get the card because she typed in the A number and stated that my wife was not put into the system yet from BCIS. She made it sound like we will then have to do things the long way, and give her a call back in about 2 weeks, and she could then check to see if things got processed. We talked a bit more and then she typed in my wife¡¯s I-94 Departure number and the SSA agent Was Able to Find my wife in the BCIS System! She stated that she started the paperwork and on Monday (next business day, they do computer batch job processing) she can check her system to verify if everything got approved.

 

So the moral of the story is?...

 

* Maybe different BCIS branches do things differently (and/or different BCIS officers do things differently)?

* If you do get your temporary 90-day EAD card, and then go to your local Social Security Office, and they can not find your spouse in the system, kindly ask them to check Both numbers, A number and I-94 Departure number.

* It is probably much more safer to Get the 90-day EAD card "Before" you Get Married.

 

Hope this might be of help.

 

Shi2Tou5

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