J2 EAD app - letter of explanation

[ciistai]

Hi all, me again!

I posted in here ages ago and I'm happy to say that my husband arrived in Michigan on Feb 8th on his J2 visa. We are ecstatic after living on different continents since August 2015! 

He's taken a bit of a rest for the first 10 days of being here but now is going to get started on the EAD application. I was wondering if anyone has any advice about writing that letter of explanation. I have budget breakdowns that show that I can support myself and my husband for the duration of my PhD program, through combined funding from the uni and from the Canadian government, but I've also heard that I can't show that I have TOO much extra. I really don't lol so I'm safe!

I'm just wondering how to phrase the reason he's seeking a job. Primarily it's that he obviously wants something to do, but also are we supposed to say that he'd like to continue his career and also have $ for recreation?

I'm very paranoid as I had an extremely frightening experience in early January when flying to Detroit from Toronto - border agent at the pre-check at Pearson berated me for 25 minutes claiming that I was trying to circumvent the system by having my husband come here and work... I've proven that I can support myself plus him, and supported myself without a single penny from him in the first year and a half of my PhD, with my funding... I suppose part of the problem is that my husband is a mechanical engineer so if he gets a job in his field (and he's likely to, since we're in Michigan) he'll be making good money. He's prepared to make minimum wage if necessary, as long as we can be together, and I didn't think that there were rules about how much a J2 can make! My international centre says there is no such rule but I want to be very conscious about how we phrase this letter...

[TakeruK]

Hi! I think I might have replied to you in the past? I was in the USA on J-1 with my spouse on J-2 from 2012 to 2017 and my spouse was able to get an EAD and work and earn good money with no issues. I'm glad that you're all settled now. 

1. I'm sorry to hear about your experience with that border agent at Pearson. The crappy thing about the US immigration system is that despite whatever rules and laws exist, ultimately, the border agent has the final say on whether you are admitted. Sometimes this power makes them do crappy things like that. In the many many entries I made to the US on J-1, I am happy to say that the majority of border agents are nice and competent. But sometimes you get an extra grumpy one and you hear stories all the time from other students encountering scenarios like yours. Hope that was your one and only really bad border crossing experience!

One tip that I found useful: say as little as possible to these agents and answer their direct question only. My spouse and I have never been asked about the employment status of my spouse. The border agent is technically right that the J-1/J-2 status is not meant for your spouse to find work and I guess they (unfairly, wrongly) suspected that your PhD program is just a big ruse to get your husband into the USA to work as an engineer? ugh. 

Anyways, the main reason your husband should always give for being in the USA is to accompany you as your spouse while you study in the USA. He should say this even after he has an EAD and a job. I would recommend that he doesn't even mention his desire for a job, his job, or anything about him unless directly asked. In the eyes of US immigration, his sole purpose to exist in the USA should be to be with you.

2. Does your school provide a template letter for the EAD? Mine did. I can send you one via PM if you would like. It's very very simple and it's what you said. You need to show what your funding is and provide a simple budget breakdown. Basically, you have to show that you can support yourself and your husband with only your income. You can always tweak numbers to make it so that you have enough without having too much (but honestly, as grad students, we're not going to have too much). Then you say that your husband wants to work to further his career and to earn recreation money. I think it's also okay to say "save up for the future". You just can't say "help with rent" or "pay for food" or anything US immigration considers a living expense.

3. There's no limit to what a J-2 can make. In fact, once the J-2 gets the EAD, the J-2 basically has the full working rights of any American and way more flexibility and ability to work in the US than the J-1. The only limit is that the J-2 status is only valid as long as the J-1 is valid. When my spouse had the EAD, they made more money than me, could work in any field for any number of hours at any location. In contrast, the J-1 can only work as part of our degree program (TA/RA etc.), on campus, and only a limited number of hours per week. Even when J-1s go for Academic Training status, we are still limited to only working in our own field.