Working on a K1

[Erika&Justin 0]

I understand from my research on Visajourney that my fiancee can work on a K1, which is great news! My question is what is actually required in order to get a job in the USA? I take it for granted and don't really know what's needed. For example, will she require a SSN? If so, can she go to the Social Security Administration office the day after she arrives to get a number, or does she need to wait? Any advice would be great. Thanks!!!

[reeses16 8]

She will have to have a temporary work permit ( temp EAD) if she wants to work. She can get the permit (a stamp) if she flies into JFK. Its the only place that issues them. Her work permit will expire when her K1 expires, 90days after she enters the US.

Check out the I-9 (employment eligibility verification) form http://www.uscis.gov/files/form/i-9.pdf

[sara..... 371]

I understand from my research on Visajourney that my fiancee can work on a K1, which is great news! My question is what is actually required in order to get a job in the USA? I take it for granted and don't really know what's needed. For example, will she require a SSN? If so, can she go to the Social Security Administration office the day after she arrives to get a number, or does she need to wait? Any advice would be great. Thanks!!!

i guess im confused i thought u had to do the change of status before u could work?

[YuAndDan 153]

I understand from my research on Visajourney that my fiancee can work on a K1, which is great news! My question is what is actually required in order to get a job in the USA? I take it for granted and don't really know what's needed. For example, will she require a SSN? If so, can she go to the Social Security Administration office the day after she arrives to get a number, or does she need to wait? Any advice would be great. Thanks!!!

i guess im confused i thought u had to do the change of status before u could work?

K-1 needs EAD to work either the temp one issued at some POE.

K-1 should apply for EAD with their AOS application.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not

[Izoom 0]

In addition, I do believe that you can file the EAD online which may or may not lead to its quicker approval. There is no proof for or against the speediness of filing online versus mailing it in. Please feel free to chime in if that information is inaccurate, I'm writing from memory right now since I'm too busy to look it up

[Erika&Justin 0]

My question is not about whether or not she can work, I have already confirmed that she can. My question is more about whether or not she needs a SSN to work and, if so, how long after she arrives can she apply for this?

[YuAndDan 153]

In addition, I do believe that you can file the EAD online which may or may not lead to its quicker approval. There is no proof for or against the speediness of filing online versus mailing it in. Please feel free to chime in if that information is inaccurate, I'm writing from memory right now since I'm too busy to look it up

This can be done AFTER getting I-485 NOA1 letter, not before. If filing for EAD before filing for AOS the fee will be $340 for the EAD, and it WILL expire 90 days after entry to the USA, EAD can take 90 days to get, so this results in a useless EAD. EAD Based on the K-1.

K-1 visa holders should file for EAD with or after filing the I-485, there is no fee for EAD based on pending I-485.

My question is not about whether or not she can work, I have already confirmed that she can. My question is more about whether or not she needs a SSN to work and, if so, how long after she arrives can she apply for this?

http://www.visajourney.com/forums/index.ph...om&page=ssn

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Most employers will need SSN, the SSN you will get for K-1 visa will have "Valid with DHS authorization Only" printed on it to instruct the employer to look for EAD or Green-card to verify work authorization.

Edited April 8, 2008 by YuAndDan

[BRIAN AND ISA 0]

I believe that technically she can work if she gets her SSN, but it is only good for the time of the K-1 visa. What employer will hire someone for 90 days or so? You can get the Soc. Sec. number the first week she arrives, after you get married she will need to go back to the soc. sec. office to change the name on the card. She can gan full work status after you file the AOS and file for the work permit. I think this is correct but I would double check to make sure. Good Luck.

[eric_and_teresa 10]

No, the SSN alone does not authorizes work for a K-1 holder. As it has been already said, K-1 holders need a SSN and an EAD/EAD Stamp in order to work in the U.S.

Edited April 8, 2008 by eric_and_teresa

[YuAndDan 153]

I believe that technically she can work if she gets her SSN, but it is only good for the time of the K-1 visa. What employer will hire someone for 90 days or so? You can get the Soc. Sec. number the first week she arrives, after you get married she will need to go back to the soc. sec. office to change the name on the card. She can gan full work status after you file the AOS and file for the work permit. I think this is correct but I would double check to make sure. Good Luck.

What do you mean by time of K-1? It is VOIDED upon first use, after that the NON-Immigrant has a 90 day I-94 card that may or MAY-NOT have a temp EAD-Stamp, the employer is required by law to look for EAD card, I-94 with EAD stamp or Green-Card. SSA does not give work authorization, DHS does.

[KitEEgirl 0]

You must have a SSN to work and an EAD stamp. You can obtain the stamp at the POE in JFK OR you can apply for an EAD when you submit your AOS. Technically you can also apply for the EAD separately, but then you have to pay an additional fee.

The SSN card received will state that she's not able to work without the EAD.

[Izoom 0]

Everyone is adding small bits of info to this already confusing topic This discussion took place a week or so ago on this forum and what was gathered from that is:

A SSN (either before/after married name change) gives the holder the approval to work by order of SSA

HOWEVER

An EAD stamp and the SSN are needed to take employment by order of the DHS.

The Social Security Administration and Department of Homeland Security are two separate government entities. Having only one or the other does not entitle someone to work, you must have both or you will be illegally employed and face trouble with the law if problems arise from that situation. While some suggest going through JFK to get the temporary 90-day stamp, I personally feel it is more trouble than its worth. Very few employers, or at least ones someone would want to work at for the pay, would hire for only 2 months and then let you go because you can't work. It is best to save your $$$ that would be spent on trying to fly through JFK and instead put that money towards filing for AOS, EAD, AP, etc.

A good source of visualizing how things are organized:

PDF of Current DHS Organizational Chart

[Beta 0]

Is there any fee to be paid to get the temp EAD stamp at the POE?

[Eric-Pris 1,606]

Is there any fee to be paid to get the temp EAD stamp at the POE?

No.

[Eric-Pris 1,606]

What employer will hire someone for 90 days or so?

According to this Paragraph on the top of form I-9, it may be discriminatory not to hire somebody just because their work authorization has an expiration date:

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents have a future expiration date may also constitute illegal discrimination.