Can you work in the U.S. with a "K" visa?

[jundibasam 0]

I was under the assumption that a K-3 visa could not work in the U.S. until after AOS and receipt of the EAD; however, my wife had to complete an OS-230 and requested a social security card on this form. The C.O. who conducted her visa interview said that she would get a social security card, and on her PoE in Miami, immigration gave her a social security admin letter welcoming her to the U.S. as a permanent resident and stating she would get her social security card in about 3 weeks. When I went to the social security administration website, it says that a K-1 visa is allowed to work in the U.S. and they are eligible to get a social security card, but on the USCIS website, it says that they are not. I called the SSA customer service and they told me that if she has a valid social security card and a passport with her visa, then she is eligible to work in the U.S., so i'm confused about what is what here.

[YuAndDan 153]

The C.O. is confusing K-1 with K-3, K-1 IS work authorized for 90 days after entry, K-3 is NOT. They also may be confusing the K-3 with CR-1, CR-1 is an immigrant visa thet does get green-card upon entry, and welcome letter a few weeks after entry, in some cases CR-1 or IR-1 will get SSN in the mail if it was requested on form DS-230.

K-3 must file for EAD to be work authorized.

One last note: some times both CR-1 (I-130) and K-3 (I-129F) cases make it through NVC and then on to the consulate at about the same time, if this is the case the consulate will drop the K-3 and interview for the CR-1. Did you get the I-864 fee bill from NVC, and did you pay the fee and send I-864 to NVC?

[jundibasam 0]

The C.O. is confusing K-1 with K-3, K-1 IS work authorized for 90 days after entry, K-3 is NOT. They also may be confusing the K-3 with CR-1, CR-1 is an immigrant visa thet does get green-card upon entry, and welcome letter a few weeks after entry, in some cases CR-1 or IR-1 will get SSN in the mail if it was requested on form DS-230.

K-3 must file for EAD to be work authorized.

One last note: some times both CR-1 (I-130) and K-3 (I-129F) cases make it through NVC and then on to the consulate at about the same time, if this is the case the consulate will drop the K-3 and interview for the CR-1. Did you get the I-864 fee bill from NVC, and did you pay the fee and send I-864 to NVC?

No, it was definitely a K-3 visa she was issued and I completed the the I-134 affidavit of support instead of the I-864. As far as I know, the I-130 petition is at the NRC waiting for AOS which we plan to do within the next few weeks. The C.O. told her the K-3 is a non-immigrant visa but the beneficiary is treated as an immigrant and that is why she had to complete the DS-230 along with the standard 156 and 156k forms. I am a little confused then, because a mutual friend of ours at the same embassy went to her K-1 interview 5 days after my wife's K-3 interview and she did not complete a DS-230 and they told her she was not eligible for a social security card until after she was already married.

We're going to do the AOS anyway, obviuosly, and she isn't planning on going to work right now, but I am more concerned about getting her a social security number for tax purposes and also so she can get a state issued ID so she doesn't have to carry her passport and visa around everywhere and risk losing it.

[YuAndDan 153]

The C.O. is confusing K-1 with K-3, K-1 IS work authorized for 90 days after entry, K-3 is NOT. They also may be confusing the K-3 with CR-1, CR-1 is an immigrant visa thet does get green-card upon entry, and welcome letter a few weeks after entry, in some cases CR-1 or IR-1 will get SSN in the mail if it was requested on form DS-230.

K-3 must file for EAD to be work authorized.

One last note: some times both CR-1 (I-130) and K-3 (I-129F) cases make it through NVC and then on to the consulate at about the same time, if this is the case the consulate will drop the K-3 and interview for the CR-1. Did you get the I-864 fee bill from NVC, and did you pay the fee and send I-864 to NVC?

No, it was definitely a K-3 visa she was issued and I completed the the I-134 affidavit of support instead of the I-864. As far as I know, the I-130 petition is at the NRC waiting for AOS which we plan to do within the next few weeks. The C.O. told her the K-3 is a non-immigrant visa but the beneficiary is treated as an immigrant and that is why she had to complete the DS-230 along with the standard 156 and 156k forms. I am a little confused then, because a mutual friend of ours at the same embassy went to her K-1 interview 5 days after my wife's K-3 interview and she did not complete a DS-230 and they told her she was not eligible for a social security card until after she was already married.

We're going to do the AOS anyway, obviuosly, and she isn't planning on going to work right now, but I am more concerned about getting her a social security number for tax purposes and also so she can get a state issued ID so she doesn't have to carry her passport and visa around everywhere and risk losing it.

The C.O. you dealt with must not know how K-3 is handled after entering the USA, they may be assuming that you will get the I-130 moved on to NVC and then interview for CR-1 using counselor processing, which is the original intent of the K-3. The other option is to file the AOS in the USA.

Follow the AOS guide, K-3 checks "A" on the I-485, and attaches a copy of I-130 NOA2 letter.

I would also file I-765 at the same time in same envelope as the I-485, there is no fee for I-765 (EAD) when filed with AOS. Use code (c )(9 ) Based on the pending I-485. You can then use the EAD to get SSN.

In the mean time you can get and ITIN from IRS to be able to file tax return.

[jundibasam 0]

The C.O. is confusing K-1 with K-3, K-1 IS work authorized for 90 days after entry, K-3 is NOT. They also may be confusing the K-3 with CR-1, CR-1 is an immigrant visa thet does get green-card upon entry, and welcome letter a few weeks after entry, in some cases CR-1 or IR-1 will get SSN in the mail if it was requested on form DS-230.

K-3 must file for EAD to be work authorized.

One last note: some times both CR-1 (I-130) and K-3 (I-129F) cases make it through NVC and then on to the consulate at about the same time, if this is the case the consulate will drop the K-3 and interview for the CR-1. Did you get the I-864 fee bill from NVC, and did you pay the fee and send I-864 to NVC?

No, it was definitely a K-3 visa she was issued and I completed the the I-134 affidavit of support instead of the I-864. As far as I know, the I-130 petition is at the NRC waiting for AOS which we plan to do within the next few weeks. The C.O. told her the K-3 is a non-immigrant visa but the beneficiary is treated as an immigrant and that is why she had to complete the DS-230 along with the standard 156 and 156k forms. I am a little confused then, because a mutual friend of ours at the same embassy went to her K-1 interview 5 days after my wife's K-3 interview and she did not complete a DS-230 and they told her she was not eligible for a social security card until after she was already married.

We're going to do the AOS anyway, obviuosly, and she isn't planning on going to work right now, but I am more concerned about getting her a social security number for tax purposes and also so she can get a state issued ID so she doesn't have to carry her passport and visa around everywhere and risk losing it.

The C.O. you dealt with must not know how K-3 is handled after entering the USA, they may be assuming that you will get the I-130 moved on to NVC and then interview for CR-1 using counselor processing, which is the original intent of the K-3. The other option is to file the AOS in the USA.

Follow the AOS guide, K-3 checks "A" on the I-485, and attaches a copy of I-130 NOA2 letter.

I would also file I-765 at the same time in same envelope as the I-485, there is no fee for I-765 (EAD) when filed with AOS. Use code (c )(9 ) Based on the pending I-485. You can then use the EAD to get SSN.

In the mean time you can get and ITIN from IRS to be able to file tax return.

Thanks Yu and Dan for the advise and information. I guess the regular folks going through this visa mess aren't the only ones who get confused over this visa stuff. Its a little disconcerning that the CO and Immigration officials would get this information wrong, but at this point with the process, nothing suprises me anymore about the ineptness of this bureaucracy. By the way, what would you know about pushing the I-130 through and going the consular route as opposed to the AOS route? I have been weighing both options and want some advise on this too.