Working - K1/EAD

[dukeandduchess 141]

I've been talking to my fiance (Petitioner) a lot about the cost of applying for things/moving and the topic of working on the K1 came up. I was hoping we could get some clarification from you guys because we're both a bit confused, despite reading multiple information sites.

Our understanding (please correct me if we're wrong):

- the K1 visa permits working for 90 days.

- when you file for AOS, also file for EAD which gives permission to work *after* the 90 days of the K1 visa are over

From what I read, the EAD takes between 60-90 days on average to be approved. So if we apply for AOS/EAD very quickly the EAD might be approved before the 90 day work permission via K1 visa is expired.

It seems pretty risky to get a job without the EAD because if it's not approved within 90 days I would have to quit or work illegally. But we definitely need me to work ASAP (we are using a co-sponsor and have a few thousand dollars of savings so far).

What is the best way to do this?

A) get a job under the K1 and pray the EAD is approved before it expires

B) wait for the EAD and then get a job

I'm not sure what option is best. My fiance thinks A and I think B.

We haven't even received our NOA2 but I'm already lying awake at night trying to plan the un-plannable. Any advice/information is much appreciated!

Thanks so much for reading

[missicy 87]

K-1 visa does NOT permit working for 90 days. You either need EAD or Green Card to work legally.

[dukeandduchess 141]

K-1 visa does NOT permit working for 90 days. You either need EAD or Green Card to work legally.

Now that's what I thought, originally, but he convinced me otherwise.

Thanks for clearing that up

[Haarp425 26]

K1 visa holder can't work without EAD. The SSN card obtained during 90 days will show "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". The POE at NYC used to provide stamp on your passport to allow the K1 visa to work within 90 days but not anymore.

[Gary and Alla 3,694]

K1 visa holder can't work without EAD. The SSN card obtained during 90 days will show "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". The POE at NYC used to provide stamp on your passport to allow the K1 visa to work within 90 days but not anymore.

K-1s CAN NOT work until they are married, file for AOS and get an EAD (if they also file for an EAD)

K-1s are allowed to get a SSN only because SOME jurisdictions used to require an SSN to get married. They no longer do and that benefit may go away if SS ever catches up. This is why K-1s can get an SSN and K-3s and K-2s cannot. They do not need it to meet their obligations of the visa.

It is also NOT TRUE that JFK issued a stamp that allowed working. To suggest that some people would be allowed to work while others would not because of a stamp at JFK is beyond ridiculous. The determination of whether work is allowed is NOT made by CBP nor by a POE and it is applicable to ALL people in ALL the country. The stamp itself is worthless (then and now) and the folks at JFK are too lazy to try and figure out who really needs it. So since the stamp has no value, why not just give it to everyone and let someone else sort it out? They gave one to our 13 year old K-2 son when he arrived.

There IS a "Work authorized" stamp that can be applied at ANY Point of Entry that is valid in conjuction with an authorized work visa to allow for work. The stamp itself does not and never did "authorize work". It simply identifies the holder of that particular I-94 as being authorized to work IF they ALSO have a work visa. The K-1 is not and never has been a work visa.

Until February 2009 the I-9 form was vague in its description of what was required for item 5 in column A and a K-1 with this stamp could be interpetted to be authorized to work. Therefore the rule against them working was not enforced. That changed in February 2009. This is also not a "new law" which would have required an act of congress (I always laugh at the sugesstion that "they changed the law" in 2009. How without legislation?) The simply changed a few words on the I-9 to clarify an existing law.

K-1s cannot work without an EAD. An EAD takes 60-90 days after filing to receive (typically) Alla got her green card in about 60 days and the EAD came a few days later. Happens that way sometimes.

[Gary and Alla 3,694]

Now that's what I thought, originally, but he convinced me otherwise.

Thanks for clearing that up

be especially careful about people that can convince you of things that aren't true.

Edited April 13, 2011 by Gary and Alla

[Gary and Alla 3,694]

K-1s CAN NOT work until they are married, file for AOS and get an EAD (if they also file for an EAD)

K-1s are allowed to get a SSN only because SOME jurisdictions used to require an SSN to get married. They no longer do and that benefit may go away if SS ever catches up. This is why K-1s can get an SSN and K-3s and K-2s cannot. They do not need it to meet their obligations of the visa.

It is also NOT TRUE that JFK issued a stamp that allowed working. To suggest that some people would be allowed to work while others would not because of a stamp at JFK is beyond ridiculous. The determination of whether work is allowed is NOT made by CBP nor by a POE and it is applicable to ALL people in ALL the country. The stamp itself is worthless (then and now) and the folks at JFK are too lazy to try and figure out who really needs it. So since the stamp has no value, why not just give it to everyone and let someone else sort it out? They gave one to our 13 year old K-2 son when he arrived. The stamp was on the I-94 and NOT in the passport

There IS a "Work authorized" stamp that can be applied at ANY Point of Entry that is valid in conjuction with an authorized work visa to allow for work. The stamp itself does not and never did "authorize work". It simply identifies the holder of that particular I-94 as being authorized to work IF they ALSO have a work visa. The K-1 is not and never has been a work visa.

Until February 2009 the I-9 form was vague in its description of what was required for item 5 in column A and a K-1 with this stamp could be interpetted to be authorized to work. Therefore the rule against them working was not enforced. That changed in February 2009. This is also not a "new law" which would have required an act of congress (I always laugh at the sugesstion that "they changed the law" in 2009. How without legislation?) The simply changed a few words on the I-9 to clarify an existing law.

K-1s cannot work without an EAD. An EAD takes 60-90 days after filing to receive (typically) Alla got her green card in about 60 days and the EAD came a few days later. Happens that way sometimes.

[Haarp425 26]

K-1s CAN NOT work until they are married, file for AOS and get an EAD (if they also file for an EAD)

K-1 visa holder CAN work by applying for EAD which will expire on the 90-day shown on I-94. Beyond the 90-day, if K-1 visa holder is already married, he/she can apply for AOS along with new EAD application.

http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

Pursuant to 8 C.F.R. 214(d) and C.F,R. 274a.l2(a)(6), USCIS currently provides

employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon

approval of an application for employment authorization (Form I-765). Such employment

authorization is discretionary in nature and is not mandated by statute. Employment authorization

for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the

employment authorization cannot be extended beyond the 90-day duration of status. Accordingly,

K-1 nonimmigrants seeking adjustment of status to permanent residence as a spouse of a U.S. citizen

must submit a separate application for employment authorization once they file for adjustment.

Edited April 13, 2011 by Haarp425