k1 visa holders allowed to work?

[johnvil 2]

Another thing i want to ask is that, are we, k1 visa holders allowed to work? If so, what are the things we need to comply before we can apply for a job here?

[thelastpetitioner 218]

Nope,you gotta get your EAD or green card before you can work

Edited October 5, 2011 by thelastpetitioner

[Juan & Nan 12]

Another thing i want to ask is that, are we, k1 visa holders allowed to work? If so, what are the things we need to comply before we can apply for a job here?

Yes, but only with an employment authorization document (AED) from USCIS.

[johnvil 2]

Yes, but only with an employment authorization document (AED) from USCIS.

thank you.. Can you tell me what are the the documents needed to apply for employment authorization document?

[M_A 0]

thank you.. Can you tell me what are the the documents needed to apply for employment authorization document?

you enter us as k1 visa holder, you need to adjust your status... heres the link on how to adjust your status, combined with EAD...

http://www.visajourney.com/content/k1k3aos

[johnvil 2]

you enter us as k1 visa holder, you need to adjust your status... heres the link on how to adjust your status, combined with EAD...

http://www.visajourney.com/content/k1k3aos

Thanks so, we need to submit a lot of paper works again.. How long will it take after submission?

[Joandjo 20]

Another thing i want to ask is that, are we, k1 visa holders allowed to work? If so, what are the things we need to comply before we can apply for a job here?

I see the answers you are getting here and I will direct you to find the information. https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

I called the Social Security office and was told that with the K1 Visa my fiance will be able to check the box on the SSAN application card "Legal Alien Allowed to Work"

K-1

Fiancé or fiancé of a U.S. citizen

Legal alien allowed to work

We have not completed the process but I was told by the Social Security office that if she was able to check this box she would NOT need the EAD.

NOTE: When an alien listed below has an (*) next to the description, he/she may work only when DHS grants employment authorization and issues an EAD. When the alien presents an EAD, check the CITIZENSHIP FIELD “Legal alien allowed to work” and code the PRA with an N. When an alien listed below has an (**) next to the description he/she may work only when either DHS grants employment authorization and issues an EAD OR the person presents, in addition to an I-94 showing an E-1, E-2, or L-2 classification of admission code, evidence he/she is the spouse of the principal E-1, E-2 or L-1 alien.

The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien. See RM 10211.420 when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Don't take any advice you get here! Do your own research. I took advice from others and we have and RFE. No offense to anyone. This is an excellent forum for asking: What is your experience. Do your own research!!!

[johnvil 2]

I see the answers you are getting here and I will direct you to find the information. https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

I called the Social Security office and was told that with the K1 Visa my fiance will be able to check the box on the SSAN application card "Legal Alien Allowed to Work"

K-1

Fiancé or fiancé of a U.S. citizen

Legal alien allowed to work

We have not completed the process but I was told by the Social Security office that if she was able to check this box she would NOT need the EAD.

NOTE: When an alien listed below has an (*) next to the description, he/she may work only when DHS grants employment authorization and issues an EAD. When the alien presents an EAD, check the CITIZENSHIP FIELD “Legal alien allowed to work” and code the PRA with an N. When an alien listed below has an (**) next to the description he/she may work only when either DHS grants employment authorization and issues an EAD OR the person presents, in addition to an I-94 showing an E-1, E-2, or L-2 classification of admission code, evidence he/she is the spouse of the principal E-1, E-2 or L-1 alien.

The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien. See RM 10211.420 when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Don't take any advice you get here! Do your own research. I took advice from others and we have and RFE. No offense to anyone. This is an excellent forum for asking: What is your experience. Do your own research!!!

[/quote

thank you

[M_A 0]

you can have you SS number even if after your POE as K1, but it'll be indicated in your card "not valid for work w/o Work Authorization"... that means you need to apply for EAD...

since all are doing the Adjustment of Status after getting married... it is better to file AOS, EAD and AP at the same time... to save money and time...

[Deputy Purple 1,294]

I see the answers you are getting here and I will direct you to find the information. https://secure.ssa.g.../lnx/0110211530

I called the Social Security office and was told that with the K1 Visa my fiance will be able to check the box on the SSAN application card "Legal Alien Allowed to Work"

...

Don't take any advice you get here! Do your own research. I took advice from others and we have and RFE. No offense to anyone. This is an excellent forum for asking: What is your experience. Do your own research!!!

The problem is that a K-1 Visa holder isn't authorized to work without DHS Authorization (read EAD). You can apply for an EAD the day you land in the US and it is approvable BUT... EAD Application Processing takes from several weeks to a few months and if issued to a K-1 Holder prior to AOS Application it will have an expiration date that matches their I-94 expiration.

I see that the document you linked to is only about a year old but I'd also note that it is from SSA not USCIS. Here is a relevant section from the instructions for the EAD Application Instructions (see bottom left side of page 4):

6. Family-Based Nonimmigrant Categories

A. K-1 Nonimmigrant Fiance(e) of US Citizen or K-2 Dependent--(a)(6). File Form i-765 if you are filing with 90 days from the date of entry. This EAD cannot be renewed. Any EAD Application other than for a replacement must be based on your pending application for adjustment under ©(9)

Now if K-1 is authorized to work without EAD why would this even be there?

Edited October 5, 2011 by Bob 4 Anna

[jkelly07 120]

the form 1-485 is for permanent resident, the 1-765 form is for application for employment authorization EAD

[Deputy Purple 1,294]

the form 1-485 is for permanent resident, the 1-765 form is for application for employment authorization EAD

I know that...

K-1 holder can file a I-765 in 2 instances:

1. To obtain an EAD prior to AOS Processing in which case the EAD expires at the same time as their I-94 so it's pretty much useless.
2. In conjunction with filing I-485 to receive EAD before they get their Greencard which will allow them to work a few months earlier.

As I said, if the K-1 holder is authorized to work by simply have a K-1 and valid I-94 then why would they even be included in the instructions for the I-765 (EAD Application) instruction as they wouldn't need to apply for an EAD in the first place!

[dindo and patty 20]

I know that...

K-1 holder can file a I-765 in 2 instances:

1. To obtain an EAD prior to AOS Processing in which case the EAD expires at the same time as their I-94 so it's pretty much useless.
2. In conjunction with filing I-485 to receive EAD before they get their Greencard which will allow them to work a few months earlier.

As I said, if the K-1 holder is authorized to work by simply have a K-1 and valid I-94 then why would they even be included in the instructions for the I-765 (EAD Application) instruction as they wouldn't need to apply for an EAD in the first place!

:thumbs:

Do not mistakenly think that when applying for SSN and the form used allows you to check the box "Legal Alien Allowed to Work"

is your authorization to work. This is not the case. You will get an SSN card which has a notation "not valid for work without authorization.

" This authorization is obtained by filing the I-765 by itself (it will cost $380 and it is a waste of monies) or by filing it with all the other forms

when filing for your AOS and the fee is waived.