How to go through customs at JFK if coming from Canada?

[KimandRuss 0]

It doesn't cost anything to get a social security card in the U.S. and i'm not sure what you mean by a temporary card.... Your number is your number...it's not temporary. If you have a name change (due to marriage) you simply bring the documents and get a new card issued, with the same number, in the married name.

Many people receive their cards in a matter of days and some even have been able to use their numbers without even having the card. Luck of the draw I suppose.

You're right though, it is a slippery slope and having to educate the 'powers that be' regarding the law to get a job earlier is not what immediately comes to mind when I think of my fiance getting back here!

The problem is that the law is not clearly defined and there is a whole lot of mis-information going on even here in VJ. Just fyi... I have contacted the uscis to try to get a clear answer to this. I'll let you know if/when I hear back from them.

[SWA2 1]

I have just read on the UCSIS website that when the K1 fiancee arrives at the major port of entry (ie: JFK) the immigration officer can issue her with a 90day work visa to allow her to work whilst in the country on the K1.

From the *vibe* of the article it didnt seem like this was common practice...more so if the K1 Fiancee requested it.

Does anyone know anymore info on this? Obviously, if the fiancee could legally work whilst as a k1 (before the AOS comes through) it would be a big plus!!

cheers,

thanks in advance

Here's another link that I have saved showing that K1 visa holders are allowed to work..

http://www.socialsecurity.gov/immigration/visa.htm

[suzukiwookie 1]

Ok, so I did a little bit of research into this by reading over the information that Neonred so helpfully posted. I began by thoroughly reading over the information found in this page https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

I tested the validity of that page (to make sure it's still an active and not outdated) and you can find it by going to http://www.socialsecurity.gov/regulations/ > At the Employee Operating Instructions section, click on the link for Program Operations Manual System > Click on POMS Table of Contents on the top left > Click RM - Records Maintenance > Click on RM 002: The Social Security Number, Policy and General Procedures > Scroll down and click on RM 00203.500. This is the information page entitled Employment Authorization for Nonimmigrants.

Here are a few highlights from this section (sorry if this is a repeat of what you posted Neonred).

- 'The Department of Homeland Security (DHS) determines whether an alien can work in either employment or self-employment in the U.S. Under certain circumstances, DHS authorizes nonimmigrants to work. Some nonimmigrant aliens have employment authorization by virtue of their alien classification.'

- Required evidence for employment authorization is either a Form I-94 [WITH K-1 STAMPED ON IT], Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688B).

- The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD. [listED AMONG THE CLASSES OF ADMISSION IS K-1]

- The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS [AN EAD]. Employment authorization for these aliens must be shown on an EAD. [listED AMONG THE CLASSES OF ADMISSION IS K-2 and K-3]

Here are the instructions (according to the Social Security Online Website ssa.gov) on how to go about getting an SSN and Card as a K-1 holder:

1. Download and fill out this form (Form SS-5): http://ssa.gov/online/ss-5.pdf

2. Gather required documents: Form SS-5, Valid Foreign Passport, I-94 showing K-1 Admitted Status.

3. Mail them in, or take them in to your local Social Security Office. There is no fee for this service!

So it does seem that us K-1'ers don't have much to worry about employment. Especially the ones that will be self-employed and don't have to worry about seeking employment from an outside source.

[rebeccajo 14]

Social Security doesn't 'work authorize' aliens.

DHS does.

Here's the language from the INA that tells you what you need:

8 CRF 274a.12(a)(6)" An alien admitted to the United States as a nonimmigrant fiancé or fiancée 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"

And some links you might need:

http://www.uscis.gov/files/article/EIB01.pdf

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1&idno=8

Even though a K1 is work authorized (think of it as 'work eligible), they must possess a document which proves they are. This document is either the EAD stamped on your I94 at a port of entry, or an EAD issued by the service.

Edited March 28, 2008 by rebeccajo

[rebeccajo 14]

Suzukiwookie -

What you have researched is guidance to the employees of Social Security telling them which immigrants are eligible to receive a Social Security number.

It is not guidance to employers as to who is 'work authorized'.

[FaustInAK 1]

OK!! I am lost. All this is SOOOOOOO confusing!

On the one hand, SSA states that K1 visa is work authorization without any DHS documents needed, so without EAD.

One the other hand, DHS states that K1 visa is work authorisation but that a EAD is needed to proove that.

????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Which one does tell the truth?

They really suck, I am sure that both sides don't even agree about all this work authorization thing. It is so frustrating not to know what is right to do!

Do you think there is a way to call someone from DHS to make sure what is the law??

[rebeccajo 14]

OK!! I am lost. All this is SOOOOOOO confusing!

On the one hand, SSA states that K1 visa is work authorization without any DHS documents needed, so without EAD.

One the other hand, DHS states that K1 visa is work authorisation but that a EAD is needed to proove that.

????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Which one does tell the truth?

They really suck, I am sure that both sides don't even agree about all this work authorization thing. It is so frustrating not to know what is right to do!

Do you think there is a way to call someone from DHS to make sure what is the law??

I just gave you the regulation from the Immigration and Nationality Act.

Edited March 28, 2008 by rebeccajo

[suzukiwookie 1]

Well, here we certainly have an interesting pickle..

The SSA says:

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD. And they list K-1's as being a class who are authorized to work in the US without an EAD, and go about providing instructions on how to obtain an SSN with a passport, an I-94 and an SS-5.

The USCIS says:

- Article found here: http://www.uscis.gov/files/article/EIB01.pdf Article dated March 16, 2005 and referencing additional revisions going back to June 12, 2003 and Sept 21, 2001.

Employment of the alien is authorized without restriction as to location or type of employment as a condition of the alien’s specific immigration status. The alien must submit Form I-7651 to the USCIS to obtain an EAD (Form I-688B or I-766) evidencing employment authorization.

So we have one part of the government saying that K-1's can work incident to status WITHOUT getting an EAD. And then we have another part of the government saying that K-1's can work incident to status ONLY IF they have an EAD.

I have a feeling that calling the USCIS will result in a person reading the same info that we have online, and calling the SSA will result in a person reading off the info they have on their website. But I think I should still give it a try..

Here are some questions:

- At what point do you have to show your EAD to an employer? Or for a self-employed person, at what point does the government check in on you to see if you posses an EAD during those first 90 days?

- Does the word EMPLOYMENT include self-employment?

- Why do they give 90 day work stamps at JFK and nowhere else?

- When an american citizen or permanent resident or nonimmigrant (or whatever they want to call it..) files their taxes, do they have to list the date they started working? This goes for self-employed and employed individuals.

- What is this term I hear that talks about "Automatic Forgiveness"?

I would like to hear from those that have already gone through this process. What was your experience with the whole work thing? (I hope that there are some people who still visit this site after their K process is over and done with)

Edited March 28, 2008 by suzukiwookie

[Izoom 0]

I think I understand the fact that they are seperate entities, but then why does it say that:

- Required evidence for employment authorization is either

* Form I-94 [WITH K-1 STAMPED ON IT]

* Arrival/Departure Record showing a class of admission (K-1) that indicates the person can work without specific DHS authorization (RM00203.500C.1.)

* or an employment authorization document (EAD) (Form I-766 or I-688B).

Maybe I'm not reading it right, but that states from ssa website what DHS is saying about who could/couldn't work. Am I misled?

[Izoom 0]

Social Security Number:

K1 visa holders can get social security number upon producing a valid unexpired I-94. Apply two weeks after arrival in the US so that Social Security Administration(SSA) can verify your information in the SAVE-ASVI database. If you apply too soon, they may have to do manual verification by filing Form G-845 with the USCIS which may add several weeks of delay. Also, do not wait too long as many SSA offices will not allow you to file for a SSN if your I-94 is about to expire within 14 days. Of course, it is also possible to apply after you get EAD.

K1 visa holder is eligible to get SSN.

Social security card will be marked "VALID FOR ONLY WITH USCIS AUTHORIZATION". That means, you need to get EAD first before you can actually work.

^^^ This excerpt from www.***removed*** is a good source of info aside from the wealth of knowledge here, anyways, it helped clear something up for me I think. Getting the stamp at the POE would be nice and you could work, but in terms of legality and common sense, it almost doesn't seem worth it. If you entered on Day X and got the stamp, even if you got married on the 89th valid day of your visa, that day would also mark the end of you stamp's usefulness and you'd have to quit right?

Basically, it sounds like going out of one's way to get the stamp isn't worth it in the end, nor is the stamp worth much either, considering you have, AT MOST, 75-80 days to work, assuming you spent some time searching for jobs beforehand and wedding stuff. Also, this whole business about getting a SSN while waiting for AOS, EAD, etc seems sort of pointless as well because its a "card with limits" type of thing.

Edited March 28, 2008 by jzoom6

[heatherritt 0]

Here's an interesting tidbit.

There is a DHS form that employers have to have on file for all employees called the I-9. It was updated recently. Here is a link to it.

DHS form I-9

The employer must verify the eligibility of the employee to work using one of the documents from the list. One of the documents is "5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer".

This together with the previously quoted SSA information seems to establish clearly that a K1 visa holder may work.

As with most bureaucracy it should now be lightly more clear than mud...

[StillThePrettiest 3]

I just gave you the regulation from the Immigration and Nationality Act.

yes, but there's conflicting information to be found at other, equally official, sources...

for me personally, the issue is whether I can do a bit of casual work on the side - eg babysitting, whatever - just to earn the odd dollar while we're getting all set up; I'm not going to be applying for jobs til I've got my EAD anyway

and I still don't feel clear about whether I can legally do that or not (and if it's not legal, then I won't do it, but all the info about what an employer requires in order to employ me isn't relevant for my circumstances as described above)

[StillThePrettiest 3]

I know this was linked earlier, but the same discussion is happening in a different thread, and it's still not quite black and white...

[Izoom 0]

Believe me, if you venture over to the EAD forums, they are JUST as confused lol. Its not that anyone is lying or giving out false information to readers, but rather two different sources are stating information on the same topic that doesn't really mesh well.

Correct me if I'm wrong, but the IRS or USCIS isn't going to come hunt you down when your temp approval for working expires. From reading other posts, it seems as though its up to the employer to actively terminate you based on your lack of approved work status. If they don't care and you are feeling lucky/risky, you may continue working. Furthermore, it seems that I have read elsewhere on here that when you receive or finish the AOS process, certain things are forgiven or ?

Like I said before, I find it hard to believe they expect an immigrant to come in and just wait around for employment authorization. Wouldn't it make more sense to have these newly immigrated folks working to make uncle sam more $$$ and so on, rather than sitting around and mooching off another taxpayer's income? Maybe thats a little over the top, but babysitting or temporary caregiving to an elderly person is hardly a crime in my opinion and its doing someone a favor. To receive cash for that and then be in trouble with the law is asinine to me.

Edited March 28, 2008 by jzoom6

[Izoom 0]

If a mod is around, these two threads probably should be merged or something, given the fact they are discussing almost the exact same topic.