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Recieving EAD while being out of status?

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  • Recieving EAD while being out of status?

    A couple of you might remember me posting questions regarding filing AOS and such. Now I need your help regarding the work permit. Will my husband be eligible for a work permit even though he is currently out of status? Remember, he came over on the visa waiver program, I-94 expired end of Feb. We WERE married before it expired. USCIS 800 number never said anything about his needing to be in current status for EAD. Now I'm lost as we were planning to file for it with the AOS paperwork. Can ANYONE help me please?!?!

  • #2
    A couple of you might remember me posting questions regarding filing AOS and such. Now I need your help regarding the work permit. Will my husband be eligible for a work permit even though he is currently out of status? Remember, he came over on the visa waiver program, I-94 expired end of Feb. We WERE married before it expired. USCIS 800 number never said anything about his needing to be in current status for EAD. Now I'm lost as we were planning to file for it with the AOS paperwork. Can ANYONE help me please?!?!

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    • #3
      one can not receive EAD while out of status.

      Once you and your husband submit the papers for AOS, his status will be "stay authorised by AG" or more popular "AOS pending". That makes him eligible to receive work permit (employment authorisaton document).

      For the above reasons, one can't apply for EAD before applying for AOS.

      Over and over again I see people pointing out that they were married before I-94 expired. Marriage itself makes no difference on one's status. At the same time, if one "has to marry", later (at the end of the authorised period of stay or after I-94 has expired) is better than sooner (within 60 days of entering the USA).

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
        one can not receive EAD while out of status.

        Once you and your husband submit the papers for AOS, his status will be "stay authorised by AG" or more popular "AOS pending". That makes him eligible to receive work permit (employment authorisaton document).

        For the above reasons, one can't apply for EAD before applying for AOS.

        Over and over again I see people pointing out that they were married before I-94 expired. Marriage itself makes no difference on one's status. At the same time, if one "has to marry", later (at the end of the authorised period of stay or after I-94 has expired) is better than sooner (within 60 days of entering the USA). </div></BLOCKQUOTE>

        We will be filing AOS with EAD. Hopefully it works out to where he can get his work permit since we are filing AOS at same time.

        I wouldn't have "pointed out" that we were married before his I-94 expired if I wasn't told by a USCIS rep that it DID matter. Mind you this is not by 1 rep, this is by a couple different representatives that I thought knew how it worked. Now I know marriage does not make a difference on one's status. I'm just trying to get advice/help to make sure we're doing the right thing now. I don't mean to sound b*tchy towards you, I've just been told so many different things by different people that I'm confused. Would you mind telling me why it would better if someone were to marry after they're I-94 expired instead of before? USCIS told me it was much better for someone to be married BEFORE it expired.

        Comment


        • #5
          it makes no difference anymore.. ur married. There is a general rule that u shouldnt marry within 60 days of arriving in the country because then there is a question of intent!

          however the overall picture is to display a valid true marriage dont matter when u get or got married.

          File the paperwork all thogether, including the EAD! Just ur post sounded confusing probably, u cant file for just the EAD!! wont work and be a waste of money.

          out of status is out of status, when or where u got married doesnt change the fact that u have to apply for a visa to remain here.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mandysbaby:
            I wouldn't have "pointed out" that we were married before his I-94 expired if I wasn't told by a USCIS rep that it DID matter. Mind you this is not by 1 rep, this is by a couple different representatives that I thought knew how it worked. Now I know marriage does not make a difference on one's status. I'm just trying to get advice/help to make sure we're doing the right thing now. I don't mean to sound b*tchy towards you, I've just been told so many different things by different people that I'm confused. Would you mind telling me why it would better if someone were to marry after they're I-94 expired instead of before? USCIS told me it was much better for someone to be married BEFORE it expired. </div></BLOCKQUOTE>
            Mandysbaby, my comment was a general one as I've seen the statement "we married before I-94 expired" - as that would make things better -, a few times in the last week. And I am talking only about this board... It comes up so often. And, as you may know, when one thing is repeated over and over again, others start to believe it matters.
            Many people have learned hard way that relying on information gotten from 800 USCIS number is not always wise... There is a reason why it is called "misinformation line". But, how would you and many others at the begining of the immig. process know that? It seams to me that too often the information that is offered there is no more than an opinion, popular belief, or what seams logical to that rep. That's dangerous and makes me angry.

            ntfd3 is right. USCIS takes a special look into the marriages that take place shortly after the arrival of alien because of the intent (entering as non-immigrant while having the intent to marry and stay).

            If a form for EAD is filed together with the other forms for AOS, your husband will receive EAD. You guys are on the right track.

            I understand you and a confusion that can be created by getting many different information. You are doing a wise thing by asking questions in different places. Good luck.

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