How to go through customs at JFK if coming from Canada?

[StillThePrettiest 3]

I agree with most, if not all, of that last paragraph

one thing I've wondered about in the past though - and there's no way to prove it right or wrong, so it's just my musings - is if it's part of the whole 'support' question, and therefore linked to the legitimacy of the relationship... I wonder if someone, somewhere, decided that it would be just that bit more proof, if the USC was willing to support the Alien (ooo, I love being an Alien ) for a bit of time, that they were in a real relationship...?

now, don't hear me saying for a minute that couples where the Alien Partner wants to work aren't as legitimate as others; that's not my opinion... I just wonder about US government logic

such as it is

[Robyn-n-Kris 72]

This is something Kris is going to do. My understanding thus far is that he can get the temp EAD stamp... and then we plan to wed within a few days of his arrival and apply immediately for the AOS/AP/EAD. Also I'm under the impression that you can apply for the SSN but they suggest waiting 2 weeks to make sure you are in the database. As stated above.. there is no 'temp' SSN.. and no cost involved either.

[rebeccajo 14]

Yes there is a way to prove it's all right or wrong, and all the links and facts are in the thread.

The information you are reading from the SS website is not the LAW. It is directives from a SS manual for SS employees explaining to them why they are allowed to issue a number to an alien. The language merely states that it is OK for them to give you the card. When they do issue the card, it's restricted. jzoom6 is doing his research on this matter and I'm sure he can verify there are many stories on VJ of SS employees insisting they cannot issue a number to K1 holders. If they look in this manual, they find out they are mistaken.

The quote I gave you from the CFR (Code of Federal Regulations) is the LAW and the wording within clearly states the alien is authorized to work when they possess the proper authorization from DHS.

Then, you have the new language on the I-9, as heatheritt points out in her post. The post needs one important word bolded though:

The employer must verify the eligibility of the employee to work using one of the documents from the list. One of the documents is "5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer".

Bold the word 'the'? Yes that's right. This language is referring to persons who arrive in the US on work visas, which are issued for them to work for ONE employer. Remember when you try to read immigration forms, they aren't written just for one class of immigrant. The I9 instructions are written to aid employers in determining if any alien is legally work authorized.

If you think I'm nuts about the restriction limiting work to one employer, do a bit more googling and read the interpretations of what this language means on the websites of large immigration law firms or visapro.com. You will find confirmation of the language from these sources.

Insofar as wondering if support of the alien goes to the bonafides of the relationship - no it doesn't. Again, read the instructions for the I134 and I864 and you will find that many immigrant and non-immigrant categories require this form in file for either issuance of a visa or adjustment of status.

Edited March 28, 2008 by rebeccajo

[Ms. Hellwig 0]

I need some clarification please - so a K-1 is allowed to work but needs a SSN first?

Or, how can K-1 work without a SSN or until a SSN is issued?

Me confused.

[payxibka 10,045]

I need some clarification please - so a K-1 is allowed to work but needs a SSN first?

Or, how can K-1 work without a SSN or until a SSN is issued?

Me confused.

SSN does not provide work authorization. A K-1 needs to demostrate to the satisfaction of the employer that they possess appropriate work authorization from DHS.

As for a SSN, I think you technically need to provide proof within 60 days of your first day of employment however, most employers will want you to possess a SSN before you begin working....

[Marc and Olga 0]

While we weren't trying to get Olga work at the time, the social security verified her in the database and issued her a number/card, we went and got the number and took it to the MVD and then was able to get her AZ state ID card...good for 90 days

[B'sA 0]

Even if you go down to the SSN office the day after

People,ust don't do it!

I've waited 2.5 months to get my SSN, just because i applied for it 1 day earlier(you must be in USA no less then 10 BUSINESS days before going to the social security administration).

And for those who waited those f*** 10 days the SSN card was issued 2 weeks later.

[Robyn-n-Kris 72]

So long as you wait maybe 2 weeks and then apply you should be fine. Its making sure you are in their database is the thing.

[KimandRuss 0]

Ouch, bummer!

Social Security Number:

K1 visa holders can get social security number upon producing a valid unexpired I-94. Apply two weeks after arrival in the US so that Social Security Administration(SSA) can verify your information in the SAVE-ASVI database. If you apply too soon, they may have to do manual verification by filing Form G-845 with the USCIS which may add several weeks of delay. Also, do not wait too long as many SSA offices will not allow you to file for a SSN if your I-94 is about to expire within 14 days. Of course, it is also possible to apply after you get EAD.

Just for knowledge for those reading this thread.

[heatherritt 0]

I saw that too after I posted it. You are right.

I think we all would like to think that there is a way around the never-ending paperwork and fees and waiting. It gives us hope. But there isn't.

We must just be patient.

I'm still confused about why some POE's will stamp a temporary work authorization and others don't.

[Cassie 8]

I'm still confused about why some POE's will stamp a temporary work authorization and others don't.

habit?

I don't mean that facetiously. I really do think it's out of habit. Out of all the POE's into the US, I can count on my two hands how many still issue the stamp, and on one finger how many still do it with any consistency (the infamous JFK).

[LaL 418]

Like topics have been merged. Thanks!

[StillThePrettiest 3]

thank YOU

[Eric-Pris 1,606]

Remember that K-1's are authorized to work in the US without the stamp. I'm sure that's why most POE's don't bother with the stamp. Wouldn't make sense that the people entering through JFK where some how "special" and were the only people work authorized.

Read https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Read employment authorization by class of admission.

The biggest problem will be convincing your ignorant employer that you are authorized.

Also you don't necessarily need to quit after 90 days unless you are asked to up front... any problem with working after the 90 days is automatically forgiven at AOS.

I found a USCIS memo from the director which seems to contradict the above referenced document.

Read the last 2 paragraphs as relating to K-1: http://www.dhs.gov/xlibrary/assets/CISOmbu...se-06-20-06.pdf

[Eric-Pris 1,606]

An excerpt from: http://www.dhs.gov/xlibrary/assets/CISOmbu...se-06-20-06.pdf

USCIS does not consider automatic employment authorization for K-1 nonimmigrants to be consistent with the intent of the underlying benefit. The K-1 nonimmigrant visa is designed to enable an alien with a bona fide intention to marry a U. S. citizen to enter the United States and enter into a valid marriage in the United States within 90 days after the alien's arrival. (See 8 C.F.R. § 21qd)). Thus, the purpose of the K-1 visa is to provide a family-based benefit in facilitating marriage between a foreign national and a U.S. citizen. Its purpose is not to provide an avenue for employment within the United States. This interpretation is supported by the short 90 day duration of the K-1 nonimmigtant visa with no opportunity for an extension. By contrast, granting employment authorization automatically to K-1 aliens appears to conflict with the temporary, nonimmigrant and family-based nature of the K-1 visa. USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa.