Work Upon Entry

[danielle46901 0]

Will my fiance be able to work as soon as he enters on the K-1 Visa? I was under the impression he could get stamped at his POE (Chicago, O'Hare) and would be able to work until he got his AOS done. Am I correct in that assumption? Any help would be appreciated. Thanks so much!

[payxibka 10,045]

Will my fiance be able to work as soon as he enters on the K-1 Visa? I was under the impression he could get stamped at his POE (Chicago, O'Hare) and would be able to work until he got his AOS done. Am I correct in that assumption? Any help would be appreciated. Thanks so much!

If he can get the "stamp" in Chicago, then all he will need is to eventually get a SSN and then find an employer to hire him. The problem is that Chicago is not a POE that many people have reported getting the elusive stamp.

[LaL 418]

Will my fiance be able to work as soon as he enters on the K-1 Visa? I was under the impression he could get stamped at his POE (Chicago, O'Hare) and would be able to work until he got his AOS done. Am I correct in that assumption? Any help would be appreciated. Thanks so much!

If he can get the "stamp" in Chicago, then all he will need is to eventually get a SSN and then find an employer to hire him. The problem is that Chicago is not a POE that many people have reported getting the elusive stamp.

Additionally - any EA stamp is only good for the first 90 days - not until "AOS is done".

[danielle46901 0]

Will my fiance be able to work as soon as he enters on the K-1 Visa? I was under the impression he could get stamped at his POE (Chicago, O'Hare) and would be able to work until he got his AOS done. Am I correct in that assumption? Any help would be appreciated. Thanks so much!

If he can get the "stamp" in Chicago, then all he will need is to eventually get a SSN and then find an employer to hire him. The problem is that Chicago is not a POE that many people have reported getting the elusive stamp.

Additionally - any EA stamp is only good for the first 90 days - not until "AOS is done".

So, he would be able to work until the K-1 expires. It doesn't make a difference when we get married? Just when the K-1 expires? So then it would actually be better for him to wait until we get married and do AOS, then? Thanks so much!

[YuAndDan 153]

We asked for the stamp when coming through Chicago but, No Dice, Note the stamp is not needed to get SSN, and that is the primary reason that the K-1 is "work auth".

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.

[danielle46901 0]

We asked for the stamp when coming through Chicago but, No Dice, Note the stamp is not needed to get SSN, and that is the primary reason that the K-1 is "work auth".

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.

Thanks for all your help u guys

[ready4ONE 5,400]

If he hopes to get a stamp he should enter through JFK. My [then] fiance did that, and got the stamp without asking. Once your fiance is here, it is fairly quick and easy to get a social security card, his will say right on it, can only work with permission of Department of Homeland Security [forget the exact language.]

My wife was able to find work within a few weeks of entry, and maintained employment throughout the AOS process without any issues. Of course you should not expect him to get hired for any sort of dream job until after AOS, since his conditional status will likely keep him eligible for lower end types of employment.

Good luck!

[Johnnie Oz 0]

Just wanted to second recond4one's post. It would seem that the Chris Foleys of the world agree...

Got the JFK EA stamp, worked a bit. Unfortunately, we were a bit delayed in sending the AOS due to a missing marriage cert (takes longer in LA County) and I was still only out of employment authorization status for 14 days.

And this is for a Jan 2008 entry! Others obviously have better or worse experiences, but I am sick of those saying it ain't worth it. Don't listen to them, they are just projecting their own bad experiences or justifying their own decisions NOT to go through JFK. It will vary for each INDIVIDUAL. If someone got the EA and they didn't work or find work, does that make it not worth it for others?

Moreover, DHS/USCIS has plans to do away with the temp k1 EA entirely, so consider yourself lucky if you get the chance. You will gain experience in the labor market, meet people etc.

Good luck!

If he hopes to get a stamp he should enter through JFK. My [then] fiance did that, and got the stamp without asking. Once your fiance is here, it is fairly quick and easy to get a social security card, his will say right on it, can only work with permission of Department of Homeland Security [forget the exact language.]

My wife was able to find work within a few weeks of entry, and maintained employment throughout the AOS process without any issues. Of course you should not expect him to get hired for any sort of dream job until after AOS, since his conditional status will likely keep him eligible for lower end types of employment.

Good luck!

[greeneyedgirlfl 0]

When Darren went for his interview in London (on Friday), they told him that since he was coming in on a K-1, he could not get the EA stamp.

Does it seem to anyone else that they (immigration, from DHS/USCIS to the embassies) just make rules up as they go along?

[rebeccajo 14]

When Darren went for his interview in London (on Friday), they told him that since he was coming in on a K-1, he could not get the EA stamp.

Does it seem to anyone else that they (immigration, from DHS/USCIS to the embassies) just make rules up as they go along?

You're going to get incorrect answers if you ask the incorrect source.

Work authorization is a USCIS matter, not a DOS matter.

Edited April 27, 2008 by rebeccajo