K-1 itself authorizes the foreign fiance to work?

[eric_and_teresa 10]

Hey everyone, just wanted to confirm some information regarding to working while on a K-1.

For what I understand, K-1 itself does not authorize the foreign fiance to work after entering the US. A holder of a K-1 could work legally in the US, if he gets an EAD at the POE (which I've heard only happens when you enter through JFK) or applies for an EAD. In any of those cases, the EAD would only be good for the 90 days that the K-1 visa is good too.

I'm asking this because in some other immigration forum, someone asked if K-1 holders can work legally in the U.S. and someone gave the following response:

It is pretty simple: A K1 visa holder is work authorized for the 90 days their visa is valid after their entry into the US. However -- and here's the confusing part -- the K1 visa, in and of itself, is proof of work authorization (albeit only for the 90 days it's valid). The Social Security Administration even says so..

In my understanding this is wrong. The US Department of States website clearly states the K-1 holders in order to work, will have to apply for EAD, which means the K-1 itself, does not authorizes its holder to work.

Right?

Edited October 2, 2007 by eric_and_teresa

[payxibka 10,045]

A K-1 is employment authorized (EA) incident to status. You must have an employment authorization document (EAD) to work. The K-1 all by itself is missing the big "D".

[eric_and_teresa 10]

A K-1 is employment authorized (EA) incident to status. You must have an employment authorization document (EAD) to work. The K-1 all by itself is missing the big "D".

Thank you! And by employment authorized you mean eligible to apply for an EAD?

[payxibka 10,045]

A K-1 is employment authorized (EA) incident to status. You must have an employment authorization document (EAD) to work. The K-1 all by itself is missing the big "D".

Thank you! And by employment authorized you mean eligible to apply for an EAD?

That is how I like to define it... eliminates a lot of confusion

Edited October 2, 2007 by fwaguy

[pushbrk 12,569]

A K-1 is employment authorized (EA) incident to status. You must have an employment authorization document (EAD) to work. The K-1 all by itself is missing the big "D".

Thank you! And by employment authorized you mean eligible to apply for an EAD?

I would say "eligible for EAD". They may or may not have to apply for it. You don't apply for it at the JFK POE.

The distinction is that K1 is employment authorized but needs the document before working. Hence the "D" in EAD.

[YuAndDan 153]

You are correct, K-1 is "work authorized" as far as SSA is concerned, in some situations K-1 holder needs the SSN in order to sign on a marriage license, there is a fed law that has to do with child support collections that some states interpret that both parties signing a marriage license need SSN.

K-1 holder needs EAD to work, either temp EAD that some POE's still do, or file for EAD. I-765 has a class code for K-1 filing for EAD before AOS, (a )(6 ) If K-1 were considered to be holding EAD with or without EAD stamp, there would be no (a )(6 ) classification on the I-765 application.

That being said K-1 holder should not bother with getting (a )(6 ) EAD card, that card expires 90 days after entry on the K-1, and can take up to 90 days to get. A Useless card, and a waste of $340

EAD filed for with or after filing AOS is FREE, and results in a 1 year EAD, renewable for FREE if needed.

[eric_and_teresa 10]

Ok, I'm asking because this person who is saying the K-1 itself is enough to work legally, says that K-1 holders are work-authorized which means they don't need an EAD.

Edited October 2, 2007 by eric_and_teresa

[eric_and_teresa 10]

Thank you for your responses! I have it all more clear now

[Sinergy 3]

You CAN get a temp work visa at JFK, when going thru customs, ask for a temp work visa and they will put it in the passport. its only good for 90 days tho, so after wedding apply for EAD

[payxibka 10,045]

You CAN get a temp work visa at JFK, when going thru customs, ask for a temp work visa and they will put it in the passport. its only good for 90 days tho, so after wedding apply for EAD

First of all you get it while going through immigration not customs... and just to clarify the "work authorization" is a stamp placed on your I-94 (and is not a visa) which then is placed in your passport......

[Sinergy 3]

You CAN get a temp work visa at JFK, when going thru customs, ask for a temp work visa and they will put it in the passport. its only good for 90 days tho, so after wedding apply for EAD

First of all you get it while going through immigration not customs... and just to clarify the "work authorization" is a stamp placed on your I-94 (and is not a visa) which then is placed in your passport......

thirdly you still have to ask for it, MY HUSBAND almost didnt get his bc he didnt ask right away, before walking away he asked and they said yes, so yes ASK if its not stamped on it, and im used to saying VISA

[payxibka 10,045]

thirdly you still have to ask for it, MY HUSBAND almost didnt get his bc he didnt ask right away, before walking away he asked and they said yes, so yes ASK if its not stamped on it, and im used to saying VISA

We didn't ask for it and received it... but by all means... if they do not give it to you automatically then certainly should ask.....

You should break that "saying visa" habit...

Edited October 2, 2007 by fwaguy

[Sinergy 3]

thirdly you still have to ask for it, MY HUSBAND almost didnt get his bc he didnt ask right away, before walking away he asked and they said yes, so yes ASK if its not stamped on it, and im used to saying VISA

We didn't ask for it and received it... but by all means... if they do not give it to you automatically then certainly should ask.....

You should break that "saying visa" habit...

i know heehee

[eric_and_teresa 10]

Well, I'm not planing on having JFK as my POE. In our case, I'd rather wait until we file for AOS and then file for an EAD.

But thanks anyway, I was asking mainly because I was debating over the subject on that other forum, where this person insists that because the SSA says so.. K-1 holders don't need an EAD, so I just wanted to confirm I was not the one mistaken.