EAD from Port of Entry

[Rickster]

Can anybody give me some advise about steps to take with my fiancee when we arrive in Chicago (our Port of Entry from Warsaw)?  I have read about EAD (Employment Authorization Document) that is offered at some locations.  The I-94 work stamp was also mentioned.  I don't think my fiancee will begin working anytime soon, but if I can save myself a lot of trouble later I would like to know.  Thanks for the help...Rick

[Bill P]

... in response to EAD from Port of Entry, posted by Rickster on Oct 29, 2001

Chicago is not one of those places that issue EADs at the point of entry.  If you are with her in CHicago, you can both go through the US citizen line at the airport.  They will give her the I-94 card that is very important to keep with her passport.  If she needs employment authorization, she can file for it at the local INS.  But it would only be good for 90 days and she would have to reapply when she gets her receipt for filing adjustment of status back from the INS.  In our case, my wife waited util after we were married to get the EAD and getting the receipt of filing our adjustment of status paperwork required bringing in a letter from a potential employer stating that they wanted to hire my wife and so she needed the EAD ASAP.  You may get help with this by talking with the liason to the INS in your congressman's office.

Good Luck
-Bill

[Bob S.]

... in response to EAD from Port of Entry, posted by Rickster on Oct 29, 2001

The I-94 is just a record of entry and proof of legal entry.  The EAD is something else.

As a fiance of a citizen, she is permitted to obtain a temporary EAD good for 90 days, but it is not issued at all POE's.  See http://www.deeper.co.uk/k1poelist.html for places that often do.  If your POE does not volunteer one for her, she should ask for one at immigration control.  The worst that could happen is they say they don't issue one at that particular POE.

If she does not get an EAD upon entry, you can go together down to your local INS field office to request one.  You can download the forms from the INS web site at http://www.ins.usdoj.gov/graphics/index.htm.  Remember that after her initial 90 days have expired, the only way she will be able to get an EAD is during her adjustment of status after you are married which still must be done within the 90 day framework (the marriage, not the AOS).  And her fiance work permit is only good up to the end of her 90 day visa, so she will need to apply for a new one anyway when you file for AOS.  If she doesn't plan on finding a job within that first 90 days, then there's really no hurry.