The work thing...

[FayJay 0]

Hello all,

I've got some really great, but scary news. My Faye girl has been approved, had her interview and has her K1 in hand! She will be moving to me in 2 weeks. ALSO (as if it could get any better) she has been given a job offer to work down here. Things all seem to be good. However, here is the scary part, we aren't sure about how the work permit works on the K1.

She will be entering the US from Calgary, Canada. Will she be given a work auth there? If not there, where and how...and how long? We see that she is entitled to work auth...just want to make sure it works.

Her form says:

"Persons wishing to work must file a form I-765 with the USCIS, please inquire about filing the I-765 with the Customs and Border Protection Officer at the port of entry."

But i thought it would be a quick stamp on the way through the border. Her new employer wants her to start working like, immediately.

Then, how do we get her a SSN. And do we need that before she can begin work?

so confused all the sudden...

[kitkat1 5]

Follow the guides for the SSN. It's very unlikely that she will receive a temp work permit at the border. You have to apply for it with your AOS package. Usually takes a few months. It's up to the employer if they want to take the risk of hiring her while the paperwork is in progress but legally she is not allowed to work without that specific employment authorization document.

[Caladan 19]

We're in the same boat. C. has an offer with his current employer, and as near as we can tell no way to get a stamp. This is possibly the most frustrating part of the whole process. Yes, you're work authorized. No, we won't give you the stamp even though it says on his consulate paperwork that he's work authorized and if he flew through JFK, he'd get a stamp. I mean, the only words for this are 'what the f*cking f*ckety ####?'

This area of policy and law is just weird, though. Go to the Social Security website and look up what to do if you're a foreign resident. First thing it says is that you need your social security card and work authorization to work. Scroll down the page. Next thing it says is "I'm an employer who wants to hire a foreign national and he doesn't have his SSN yet, what should I do?" "Collect all the biographical information about your employee and update his information as soon as you can." It's contradictory on one page!

This is about the only part of the process that really pisses me off.

[kitkat1 5]

The bottom line is a K1 visa holder is authorized to work *with* a work authorization document, which has to be applied for. This is as opposed to say a B2 visa holder who is not authorized to work and therefore not eligible for a work authorization document.

If the spouse of a USC works without authorization, there are usually no problems with adjustment of status as unauthorized work when you are married to a USC is not a bar to AOS. However, most employers understand the rules of the I-9 form which requires them to see the work authorization document. That said, if an employer chooses to take the chance and hire your spouse, the problem is on their end, not yours, meaning they can face fines and punishment, not your fiance.

[FayJay 0]

Glad i'm not alone on this. I agree, the JFK thing just doesn't make sense. So, there is pretty much zero chance that she will be able to start working in 3 weeks.

We'll talk to her employer and see if they can wait...this will kill me if they can't.

Anyone else out there have gone through Calgary and gotten this to work?

[Caladan 19]

I get that, kitkat, but it's dumb that A) a one page form takes about 90 days to process and that B) you can bypass that at JFK and C) there's no way to clear customs in JFK if you're flying from Canada without routing through Mexico (only if it doesn't make a U.S. stop, I guess.) and D) you can't fly a minivan to Mexico anyway.

[kitkat1 5]

I get that, kitkat, but it's dumb that A) a one page form takes about 90 days to process and that B) you can bypass that at JFK and C) there's no way to clear customs in JFK if you're flying from Canada without routing through Mexico (only if it doesn't make a U.S. stop, I guess.) and D) you can't fly a minivan to Mexico anyway.

But remember even if you were to get the temp EAD at JFK (and it's not 100% that each person gets it) it's only good for 90 days. The benficiary still has to wait for the EAD to continue working legally.

[Caladan 19]

90 days is about $10,000. That could be kinda useful.

I'm mostly just ranting. Not being able to marry until 60 days in according to church requirements is also pissing me off. He has to come here in June instead of working that month so we can go to marriage classes. We can't get married legally first because the priest is barely doing our ceremony as it is, so basically, between the church and the government, we've got all these delays in filing for AOS and while we'll be just fine financially (money will be tight, but we can pay rent and eat), it's likely I'll have to pick up a second job the longer this goes.

That's not a big deal, except that C. is really not liking the idea of me trying to finish my dissertation and support the family while he sits on his ###.

[mozplay 29]

You CANNOT get an EA stamp for any US based airport (JKF or Dulles) because we clear customs here in Canada before even boarding - not in the US.

You CAN get an EA stamp from some land border crossings. They have been obtained from Detroit, Sarnia and most recently Peace Brige in Niagara, I believe. Your best bet is to get a list of all the border crossings that you are willing to drive to to cross at and start calling. Someone over there on that side of the country must be giving the stamp still.

Note: the stamp is only good for 90 days and it can take up to 90 days to get your EAD card. So if your fiancee wants to work continuously, you practically have to get marrried the second she arrives and file the day after.

I started working before I had my SSN in hand. I was allowed (legally) 90 days to produce it as I had proof of applying for it.

All of this being said - if you check out the AOS and Working and Travelling forums, people have been told recently that they don't need a stamp or card to work for the first 90 days - that the stamped I-94 showing that they have activated their K-1 is enough.

Unfortunately, here is an example of where what SSA and USCIS say don't quite gel.

Also remember that while I am not encouraging this, if your fiancee works illegally during her 90 day period, it has been said that it is automatically forgiven at the interview because of her marriage to a USC. It is the employer's responsibility to obtain documentation.

Good luck.

Mo

[Caladan 19]

Thanks. We're driving from Edmonton to Connecticut, so we'll cross anywhere along that route that will give us a stamp.

[girl 37 7]

You CANNOT get an EA stamp for any US based airport (JKF or Dulles) because we clear customs here in Canada before even boarding - not in the US.

If you really wanted to you could circumvent it by flying to a non-US destination first.

[jg_am 0]

My wife(then fiancee) didn't get a stamp at Peace Bridge, however when we went to get a SS# there was some kind of work authorization on the computer. We delayed getting a card because it was after we got married and we don't want to go through a name change w/SS.

[CutienPurg 0]

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work,but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s)within ninety (90) days.

so could you in reality ......and legally..........take up employment during the 90 day period of k-1 validity and submit the application for EAD as proof even without the stamp?????

http://www.uscis.gov/files/form/i-9.pdf

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

Edited April 12, 2007 by CutienPurg

[mozplay 29]

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work,but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s)within ninety (90) days.

so could you in reality ......and legally..........take up employment during the 90 day period of k-1 validity and submit the application for EAD as proof even without the stamp?????

I posed this question to the Working and Travelling forum ages ago and was told, I think by Yodrak (so I don't question, lol) that in regards to the EAD, that bit on the I-9 only applies if you have applied for a renewal card. However, it was the loophole I used to start working a week before my SSN was in hand. My employer did tell me though that they could not issue a paycheque until my SSN was available. I knew it was coming, so I had no issues with that.

As for legally working without the EAD or EA stamp ... K-1's are work authorized however, you are required to show proof of that in order to work. Now, I don't understand why the definition of a K-1 is not proof enough, but apparently it isn't - though many employers have considered it to be so.

Honestly, this is a question better suited to the Working and Travelling forum.

Do not under any circumstances take my word for gold!!!! Get the advice of the VJ gurus please!!!

Mo

[meauxna 15]

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work,but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s)within ninety (90) days.

so could you in reality ......and legally..........take up employment during the 90 day period of k-1 validity and submit the application for EAD as proof even without the stamp?????

http://www.uscis.gov/files/form/i-9.pdf

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

If I recall correctly, the 'have applied' rule doesn't apply with this EAD type because the K-1 is employment authorized under one code (a.?) and the EAD applied for after marriage is under another (c9?).

Without the stamp, the K-1 has no qualifying docs to be hired under (last quote portion).

I wonder if the OP's girl has spoken to her wannabe employer about any of this?