I hold a K1 visa, am I allowed to work till my I-94 expires?

[kim&james 0]

Get your SSN now. Later on when you have your greencard (if you are changing your name to your husbands, use your married name on all AOS paperwork) go in have the not valid without DHS approval removed and change the name at the same time. You wont get another number.. thats yours for life.

[TeamSleep 0]

Thank you all so so much!

[pulteseller 0]

Maybe my last post was too long and boring, but the bottom line is that you are authorized to work until your I-94 expires. Get married, apply for SS, then apply for AOS and EAD. Those are your next steps. The sooner you can send off for AOS and EAD the less time you'll be in the "gray area" of working on a K-1 visa.

[Boiler 45,524]

Maybe my last post was too long and boring, but the bottom line is that you are authorized to work until your I-94 expires. Get married, apply for SS, then apply for AOS and EAD. Those are your next steps. The sooner you can send off for AOS and EAD the less time you'll be in the "gray area" of working on a K-1 visa.

It's not a grey area.

If you did not get an EAD stamp on entry then you need EAD as part of the AOS.

[rebeccajo 14]

Go back to this:

http://www.usdoj.gov/crt/osc/htm/facts.htm#docs

Remember, you have to possess either something from list A. Or one each of list B and C.

[tmma 467]

Get the SSN now. You'll need it for a bank account.

The I-94 is work authorized. In fact it's the only reason I can see border crossings not giving out the 90 day EAD stamp anymore. It's unnecessary.

You are work authorized by the SSA NOT by DHS!!!!!

You have to be work authorized by BOTH.

You CANNOT work without either a stamp in your passport, EAD card or greencard.

[I'm Gone 60]

This is the law

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens 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. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

[rebeccajo 14]

This is the law

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens 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. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Thanks for that!

[I'm Gone 60]

Get the SSN now. You'll need it for a bank account.

The I-94 is work authorized. In fact it's the only reason I can see border crossings not giving out the 90 day EAD stamp anymore. It's unnecessary.

You are work authorized by the SSA NOT by DHS!!!!!

You have to be work authorized by BOTH.

You CANNOT work without either a stamp in your passport, EAD card or greencard.

SSA doesn't authorized anyone to work. They just accept the I-94 from a K-1 as a work authorization document for the purpose of assigning an SSN.

I guess I will tell my story once again. At one time a K-1 had to provided an EAD card or have the I-94 stamped work authorized to be assigned a work authorized SSN, but INS was having trouble getting EAD cards applied for under the A6 category to people within the 90 day period they were valid. So SSA came out with the infamous EM-00154, which said all that is need is the unexpired I-94 showing K-1 status to be assigned an SSN. Nothing changed with immigration law, just SSA changed their policy.

[tmma 467]

Get the SSN now. You'll need it for a bank account.

The I-94 is work authorized. In fact it's the only reason I can see border crossings not giving out the 90 day EAD stamp anymore. It's unnecessary.

You are work authorized by the SSA NOT by DHS!!!!!

You have to be work authorized by BOTH.

You CANNOT work without either a stamp in your passport, EAD card or greencard.

SSA doesn't authorized anyone to work. They just accept the I-94 from a K-1 as a work authorization document for the purpose of assigning an SSN.

I guess I will tell my story once again. At one time a K-1 had to provided an EAD card or have the I-94 stamped work authorized to be assigned a work authorized SSN, but INS was having trouble getting EAD cards applied for under the A6 category to people within the 90 day period they were valid. So SSA came out with the infamous EM-00154, which said all that is need is the unexpired I-94 showing K-1 status to be assigned an SSN. Nothing changed with immigration law, just SSA changed their policy.

OK-I'll rephrase .

You can apply for a SSN with an unexpired I-94.

To accept employment, you need a SSN and a work authorization document (stamp in passport, EAD or greencard).

Better?

O/T Can't help but ask, I was wondering, what did you quit?

[I'm Gone 60]

Get the SSN now. You'll need it for a bank account.

The I-94 is work authorized. In fact it's the only reason I can see border crossings not giving out the 90 day EAD stamp anymore. It's unnecessary.

You are work authorized by the SSA NOT by DHS!!!!!

You have to be work authorized by BOTH.

You CANNOT work without either a stamp in your passport, EAD card or greencard.

SSA doesn't authorized anyone to work. They just accept the I-94 from a K-1 as a work authorization document for the purpose of assigning an SSN.

I guess I will tell my story once again. At one time a K-1 had to provided an EAD card or have the I-94 stamped work authorized to be assigned a work authorized SSN, but INS was having trouble getting EAD cards applied for under the A6 category to people within the 90 day period they were valid. So SSA came out with the infamous EM-00154, which said all that is need is the unexpired I-94 showing K-1 status to be assigned an SSN. Nothing changed with immigration law, just SSA changed their policy.

OK-I'll rephrase .

You can apply for a SSN with an unexpired I-94.

To accept employment, you need a SSN and a work authorization document (stamp in passport, EAD or greencard).

Better?

O/T Can't help but ask, I was wondering, what did you quit?

Technically, you don't need the SSN to start working. Only need to have applied for one. Now in the real world it's pretty hard to work without an SSN unless you came here on a work type visa, e.g. H-1B and already had a job lined up.

Delays in Issuing SSNs to Aliens by the Social Security Administration

http://www.irs.gov/businesses/small/intern...=129227,00.html

[ShellyFco 0]

Thanks so much guys. I didn't get the stamp* so I guess I'm not legal to be on payroll.

Anyway....I read somewhere and it says that K1 can apply for SSN two weeks after entry. So if I do that now, would I have to apply for ANOTHER SSN after I get married, or the SSN that I am about to apply will suffice. OR I should just wait till after I get married to apply for SSN. BUT then I read somewhere that someone kinda got into complications when they apply for SSN after marraige.

Can u tell that I'm totally lost and confused? hehe

My fiance applied for his SS one week after entering and received it the following week. The Social Security number issued will be yours for life. In the case of a wife who may take her husband's last name, you would want to go back to SS to get the update.

[pulteseller 0]

Thanks to the person that posted the legal quote. Let's just end this thread with the right answer to the original question.

Yes, a person arriving in the United States on a K-1 Visa is AUTOMATICALLY entitled to work in the US. Regardless of whether the immigration officer stamps their I-94 work authorized or not! Anybody that disagrees, please see the entire thread and look up the facts before posting anything to the contrary and thereby starting this thread over again. Thank you.

Dissenters, here is I Quit's quote again...

This is the law

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens 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. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Again, the problem is this work authorization is only valid for as long as the K-1 Visa....90 days. So, yes you need an EAD after that.

[rebeccajo 14]

pulteseller -

I've highlighted the appropriate part of the law (as I Quit) originally did.

One needs a stamped work-authorized I94 or an EAD for legal employment.

And since the new I9 has become effective (Jan 1) a stamped I94 is questionable.

Thanks to the person that posted the legal quote. Let's just end this thread with the right answer to the original question.

Yes, a person arriving in the United States on a K-1 Visa is AUTOMATICALLY entitled to work in the US. Regardless of whether the immigration officer stamps their I-94 work authorized or not! Anybody that disagrees, please see the entire thread and look up the facts before posting anything to the contrary and thereby starting this thread over again. Thank you.

Dissenters, here is I Quit's quote again...

This is the law

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens 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. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Again, the problem is this work authorization is only valid for as long as the K-1 Visa....90 days. So, yes you need an EAD after that.

[Boiler 45,524]

This must have been covered 100's of times ovcer the last few years, you need EAD, so that's the stamp at JFK or the EAD, which of course takes so long to get that you will only have a few days left by the time you get it, to evidence your ability to work.