HELP! as k1 can i work in the US??

[john112 0]

hi everybody pls help me. i was petitioned by my fiance (k1) in the US. i arrived in the US last june 14 and we got married last june 28. i already applied for my social security and i will have it next wk coz they said it takes 1 week to be processed.. when i called the immigration they said that i have 2 pay $180 for an EMPLOYMENT authorization ( form I-765) and it takes 2-3 months to be processed and $395 for the I-485.

. my question is can i work without the form I-765 employment authorization or if not while it is being processed can i still work? coz they said i have 2 wait for 2-3 months after the process is done before i can work in the US...help i badly need the info pls help me..

thanks and god bless to everyone

john from long beach

[Lizzy 0]

Hi John,

You have to get a work authorization card to be able to legally work. I actually received my GC before the work card.

[ashleyandjonoz 3]

So is the POE EAD stamp just a myth?

[bora bora 1]

If you have the EAD from JFK you can work - because it's an EAD.

With the green card you can work legally - but since it can take awhile people apply for the EAD which allows you to work while you're waiting for the GC.

[bszoom42 0]

Lizzy, you are not correct.

A K-1 visa holder is granted the ablity to legally work as 8 CFR 274a.12(a) states that all aliens listed under 274a.12(a) are “employment authorized incident to status” and that they are “authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes.”

The application for EAD is simply to provide proof of that eligibility to work.

Having the legal ability to work; and having documents evidencing such proof are two seperate things.

See the USCIS website for more info:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization.

USCIS' memo covers how they interpret this section of the CFR: (simply replace Asylee with Fiance(e) as the same benefit is granted by 8CFR274a.12(a) at (a)(6).

http://www.asylumlaw.org/docs/united_state...D_BCIS_memo.pdf

So yes, john112 - you can legally work. However, if anyone requires evidence of your eligibility to work, then you have to file I-765 to request evidence that evidence.

[ashleyandjonoz 3]

Gday

So does this mean i would just need a SSN to work, therefore be able to earn while i waited for the AOS to be approved?

By the way 'bszoom42' you are a legend all the work you do on this forum is great stuff, thank you so much

Cheers Jon

[bszoom42 0]

Please, I'm no legend. Many members before me have posted the very same things, and I have learned from them.

Based on how the law is written, you can legally work upon entry as a K-1. However, most employers will want to see evidence of your work eligibility and a SS# to employ you.

Its kind of like getting alcohol in the United States. If you are 21 years old, you are legally entitled to drink alcohol, but if you have no evidence that you are 21 (like a drivers license) then a bartender is allowed to refuse you alcohol...

[msu17 0]

So is the POE EAD stamp just a myth?

No, its real. They seem to only give it out (at least lately) through JFK. Some times you have to specifically request it as well when going through JFK.

Bszoom, good analogy with the drinking age!

[Clarky and Tarah 0]

Bszoom, good analogy with the drinking age!

Exactly what I was thinking.