Working before the wedding?

[F2C-MaDMaXX 1]

I've read you can ask the immigration officer at the port of entry to stamp your visa with a permit to work. Is this still true and does it really allow me to work once i'm there and have a SSN?

Thanks.

[Kathryn41 3,205]

It used to be that those entering on a K-1 could get an EAD stamp placed next to their visa in their passport at their POE, and this allowed them to work for the same amount of time as the I-94 (a document you get when you enter the US that tells you how long your status in the US is valid). Then only JFK still issued the EAD stamp. Now K-1s basically are not able to work without an actual Employment Authorization Document (EAD) issued by USCIS. The document the employer is required to use to verify whether someone is allowed to work legally or not requires the K-1 to show the EAD document. If you apply for an EAD before you are married, it will be based on the I-94 status - which means it expires 90 days after entry. The EAD takes about 60 to 80 days to process - used to be 90 - so that means you only have permission to work for about a week and it costs several hundred dollars. Once you marry and apply for permission to remain in the US by filing the AOS (Adjustment of Status from non-immigrant fiance to permanent resident), you can apply for the EAD with the application at no extra charge. This EAD is valid for one year or until you get your green card, whichever comes first. It too takes about 60 to 80 days to process.

So, it is unrealistic to expect to be working right away once you get to the US. You will need to wait until you can get the proper EAD based upon the Adjustment of Status.

[F2C-MaDMaXX 1]

Thank you for the reply, although as you might imagine, that's very not the answer i was hoping for (guess we should get the sites K1 timeline altered)

So, there is basically no way i can work until after i'm married?

[Rebecca Jo 1,962]

Thank you for the reply, although as you might imagine, that's very not the answer i was hoping for (guess we should get the sites K1 timeline altered)

So, there is basically no way i can work until after i'm married?

You will not possess the proper documents to work legally in the US until after you have filed to adjust your status and received an Employment Authorization Document. This document will be a plastic card with the notation I765 on it.

You are eligible to adjust your status by virtue of marriage to your US Citizen petitioner.

Your marriage alone does not enable you to work legally.

[F2C-MaDMaXX 1]

Am i still able to get a SSN before the wedding/change of status?

[Gary and Alla 3,694]

Thank you for the reply, although as you might imagine, that's very not the answer i was hoping for (guess we should get the sites K1 timeline altered)

So, there is basically no way i can work until after i'm married?

There is no way you can legally work until after you are married AND file for AOS AND get an EAD or green card. 2-4 months after you file for the AOS. The K-1 is not a work visa. It never was. For a period of time, which was changed more than a year ago, it was possible for a K-1 to get away with working because they were not enforcing the law because of a vagary in the wording of the I-9 form.

SSNs do not authorize work. Not for a visa holder and not for a citizen. Citizens are required to show a birth certificate or passport in order to legally work, we are NOT required to show a SS card. The SS administration does not authorize work. K-1s are eligible for SSNs because some jusrisdictions required them to obtain a marriage license (that has been changed also) and the SS administration classes the K-1 as "work eligible" to default their computers to issue SSNs to K-1s (if an untrained clerk doesn't stop you first)K-3s, K-2s and K-4s are NOT eligible for SSNs because they do not need to get married to meet their visa obligation. That is the ONLY reason K-1s have been issued SSNs up until now.

As I have said before, there was NO change in ANY law last year. Such action would have required an act of congress and Presidential signature...didn't happen. There was NO change in regulations. Sucvh would have required congressional publication and a 90 comment period. Didn't happen. The change that affects you now was made on a government word processor and printed. Done. The law has always been the same, K-1s are not eligible to work. Never have been. The clarification in the wording of the form employers fill out makes it possible to enforce the law. Previously there had been a built in "defense" for anyone violating the law.

If working immediately, or shortly after, arrival is a consideration in your case, then the CR-1 is the proper visa for you.

[Gary and Alla 3,694]

Am i still able to get a SSN before the wedding/change of status?

Yes, and I suggest you get it immediately. Alla got hers 16 hours after arrival. It is good for being added to bank accounts, attending school, getting insurance, etc. There is a whole long list of things you need a SSN for other than working and it is best to get it right away IN YOUR MAIDEN NAME. Change the name AFTER YOU HAVE YOUR GREEN CARD if you wish (you do not have to change your name on any or all documents, it is entirely your choice)

[Kathryn41 3,205]

Am i still able to get a SSN before the wedding/change of status?

Yes, you are still able to get a SSN before you get married and apply for AOS. You can do this up to two weeks before the I-94 expires at the latest, after which time you would need to wait for the EAD or the green card.

When you cross the border you will hand in a sealed envelope given to you by the Consulate with your visa (it contains all of your immigration file to date and must not be opened or you will not be allowed to enter the US). Upon receipt of the envelope, USCIS will enter your immigration information into a special database known as the Systematic Alien Verification for Entitlement (SAVE) system. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=1721c2ec0c7c8110VgnVCM1000004718190aRCRD&vgnextoid=1721c2ec0c7c8110VgnVCM1000004718190aRCRD . It will take approximately a week to ten days - sometimes faster, sometimes slower - for your information to be entered. When you apply for a SSN, Social Security Administration checks the ID you submit with the information in the SAVE system. If it matches then they will issue you a SSN in that name. If it doesn't match, then they won't issue you a card.

You will need a SSN for reasons other than work so it is best to try and get it as early as possible (eg. some health plans require SSN; some bank accounts require SSN; some State Driver's Services require SSN, etc.). You won't be able to use it to work, however, until you get the EAD or the green card.

[F2C-MaDMaXX 1]

Thank you for the replies, that clears it up considerably. The only reason i believed i could work is because of the flowchart on this site

I've not heard of the CR-1 visa, is this completely different to the K1?

Thanks Kathryn, what's that I94 you refer to?

[Kathryn41 3,205]

Thank you for the replies, that clears it up considerably. The only reason i believed i could work is because of the flowchart on this site

I've not heard of the CR-1 visa, is this completely different to the K1?

Thanks Kathryn, what's that I94 you refer to?

The CR-1 visa is a spousal visa. If you are married then you would go through a similar immigration process to the K-1 except that it would be completed before you entered the US and you would get your green card (permanent resident status) when you entered the US, whereas with the K-1 you enter the US, get married, and then complete the immigration process by applying to get a green card (become a permanent resident). You have to be married to apply for a CR-1 and you can't be married to apply for a K-1.

The I-94 is an "entry/exit' visa that is issued to you when you enter the US. It is for non-immigrant individuals, as the K-1 is technically a non-immigrant visa. Visitors to the US also get an I-94. The I-94 is a 'card' that is actually stapled into your passport and it has the date of entry plus an expiry date. If you are a visitor, that expiry date is the date by which you have to leave the US. If you are a K-1 that expiry date is the date by which you have to be married or else leave the US. It is for 90 days in the case of a K-1 visa. Your status in the US is only valid for 90 days so once you are married you need to apply for permission to remain in the US - called Adjustment of Status. Ideally, you would apply before the I-94 expires, but that isn't necessary and it is alright if you apply after its expiry (although you don't want to wait too long as you are without legal status in the US at that time). When you apply to adjust status (AOS), you include a copy of the I-94 in with the application to show that you fulfilled the terms of the K-1, and while the AOS is being processed you again have legal status in the US. Once the AOS is processed, you will receive a green card - another way of saying you are now a permanent resident of the US and are allowed to live here.

Edited March 28, 2010 by Kathryn41

[Rebecca Jo 1,962]

SSNs do not authorize work. Not for a visa holder and not for a citizen. Citizens are required to show a birth certificate or passport in order to legally work, we are NOT required to show a SS card. The SS administration does not authorize work. K-1s are eligible for SSNs because some jusrisdictions required them to obtain a marriage license (that has been changed also) and the SS administration classes the K-1 as "work eligible" to default their computers to issue SSNs to K-1s (if an untrained clerk doesn't stop you first)K-3s, K-2s and K-4s are NOT eligible for SSNs because they do not need to get married to meet their visa obligation. That is the ONLY reason K-1s have been issued SSNs up until now.

If a US citizen produces a birth certificate, they still have to produce a second identity document in order to prove work eligibility.

SS does not 'default their computers' in order to issue a Social Security number to an alien. The K-1 visa is in a category of aliens who are work authorized by USCIS.

It is the explicit instructions of the I-9 that clarifies which DOCUMENTS a K-1 needs to work legally. Not the visa classification itself.

[Rebecca Jo 1,962]

Yes, and I suggest you get it immediately. Alla got hers 16 hours after arrival.

And as Kathryn has explained above, Alla's was a very unusual situation.

The mileage for most other aliens will definitely vary from hers.

[F2C-MaDMaXX 1]

Many thanks Ladies and Gents, good to know people have worked this lot out

Not ideal for my situation it has to be said :/ But i'm sure i'll be able to work something out.

[Rebecca Jo 1,962]

Many thanks Ladies and Gents, good to know people have worked this lot out

Not ideal for my situation it has to be said :/ But i'm sure i'll be able to work something out.

Oh, just think of it as a holiday before you jump into the big world of American corporate life.

Seriously though, the blip between arrival and employment will give you some time to adjust to your new world. You know, just go out strolling during the day and wow the locals with your accent.

If you can manage to sock some sterling away before you arrive, remember it's 1.50 to 1.00 coming this way. Can be a little nest egg to tide you over.

[F2C-MaDMaXX 1]

Ohh, i only wish it were as simple as that

Unfortunately i'm the bread winner and i'm not really able to take 2/3 months off work I spent a fair bit of time there over the last few years so i'm lucky enough not to need familiarisation with the place

The exchange rate is still better than one to one, but it's pants compared to a couple of years ago, but again, unfortunately, i had already planned on it being in my favour, so nothing gained