Jump to content
JoeCanuk

Let's kill this myth right here, right now...

 Share

81 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Russia
Timeline
Alrighty folks...

I have gotten to the bottom of some of this mayhem. I would like to give credit to those who have suffered through this process long before me and have provided their expertise and wisdom and to VJ for having such a good repository for all of this knowledge and information.

Go to:Step-by-step Guide to getting a SSN. Read everything!

Then go to:Employment Authorization for Non-Immigrants. There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work. I have assumed all along that this was the case and that Tanya was issued a version of the EAD at ATL. This is not the case. She received her SSN because she is a K1. There is no requirement for a I-766 or I688B (EAD's) for her to receive a SSN. Her son on the other hand is a K2 and will need to file an I-765 to receive his EAD so he can apply for the SSN. However, this becomes academic once we are married and file the I-485 for AOS. The I-765 is incorporated into this process and the fees, from what I can gather, are included in the cost of the AOS application.

Because the K1 does not require specific authorization from DHS for employment authorization, blocks 33a & 33b on the DS 230 would not be applicable for the K1 applicant. I still do not understand why this would not apply to the K2 applicant but that is not what this is all about.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

I will say this again in case ya'll missed it last time. In accordance with the Social Security Administration, a K1 does not require an EAD for temporary employment in the USA. Please see the sights linked in the quote above for exact information on this issue. The Social Security Administration is EXTREMELY specific on this point. A K1 is exempt from the requirement to obtain an EAD while they are in K1 status. JFK does not routinely issue EAD's anymore. This is outdated information. The I-688B is a defunct form and has been replaced by the I-766 which is obtained by filing the I-765 which cost money under most circumstances.

I am not making this stuff up. It is available information to any of you who care to read the info for yourselves.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Filed: Citizen (pnd) Country: England
Timeline
Alrighty folks...

I have gotten to the bottom of some of this mayhem. I would like to give credit to those who have suffered through this process long before me and have provided their expertise and wisdom and to VJ for having such a good repository for all of this knowledge and information.

Go to:Step-by-step Guide to getting a SSN. Read everything!

Then go to:Employment Authorization for Non-Immigrants. There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work. I have assumed all along that this was the case and that Tanya was issued a version of the EAD at ATL. This is not the case. She received her SSN because she is a K1. There is no requirement for a I-766 or I688B (EAD's) for her to receive a SSN. Her son on the other hand is a K2 and will need to file an I-765 to receive his EAD so he can apply for the SSN. However, this becomes academic once we are married and file the I-485 for AOS. The I-765 is incorporated into this process and the fees, from what I can gather, are included in the cost of the AOS application.

Because the K1 does not require specific authorization from DHS for employment authorization, blocks 33a & 33b on the DS 230 would not be applicable for the K1 applicant. I still do not understand why this would not apply to the K2 applicant but that is not what this is all about.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

I will say this again in case ya'll missed it last time. In accordance with the Social Security Administration, a K1 does not require an EAD for temporary employment in the USA. Please see the sights linked in the quote above for exact information on this issue. The Social Security Administration is EXTREMELY specific on this point. A K1 is exempt from the requirement to obtain an EAD while they are in K1 status. JFK does not routinely issue EAD's anymore. This is outdated information. The I-688B is a defunct form and has been replaced by the I-766 which is obtained by filing the I-765 which cost money under most circumstances.

I am not making this stuff up. It is available information to any of you who care to read the info for yourselves.

My now husband entered the US on jan 31, 2008 via JFK and was given the EAD stamp without asking. Every person on VJ who has come through JFK on a K1 reports the exact same experience.

And you do need EAD to work if you arrived on a K1. The SS card you are issued is specifically stamped in red ink indicating that DHS work authorization is required.

Edited by julezabelle
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

Just to add anecdotal evidence to this issue, my husband was denied EAD at POE (seattle) and told he had to apply to USCIS - even though the right to work is clearly given in the approval of the K1 visa. We then filed for his SSN right away before we filed AOS. when we received the SSN card it stated right on it in big red letters under the number NOT AUTHORIZED TO WORK WITHOUT DHS APPROVAL. since you have to give your SSN to work legally we obviously filed AOS/EAD before he applied for jobs. I have found this whole thing to be VERY frustrating as the K1 visa is supposed to include the right to work right away but very few of us are granted it until we file the $1100.00 AOS.....such BS :(

anyway - just our experience. all is well 4 months down the line with EAD and a job in hand, just frustrating and expensive to get here!

From my research it appears that DHS approval is given when they approve the K1. That is all the documentation the SSA requires to issue the SSN thereby giving the K1 the right to work, at least temporarily in the USA. I certainly understand your skepticism and do not blame you one bit for the route you took. This whole system is American bureacracy at its finest. They have managed to make this as complicated as our tax laws. And when you question them on it they get upset that we should do such a thing. Perhaps the head of the SSA and USCIS should be forced to perform a mock immigration of a fiance and see how it goes for them. :lol:

Alrighty folks...

I have gotten to the bottom of some of this mayhem. I would like to give credit to those who have suffered through this process long before me and have provided their expertise and wisdom and to VJ for having such a good repository for all of this knowledge and information.

Go to:Step-by-step Guide to getting a SSN. Read everything!

Then go to:Employment Authorization for Non-Immigrants. There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work. I have assumed all along that this was the case and that Tanya was issued a version of the EAD at ATL. This is not the case. She received her SSN because she is a K1. There is no requirement for a I-766 or I688B (EAD's) for her to receive a SSN. Her son on the other hand is a K2 and will need to file an I-765 to receive his EAD so he can apply for the SSN. However, this becomes academic once we are married and file the I-485 for AOS. The I-765 is incorporated into this process and the fees, from what I can gather, are included in the cost of the AOS application.

Because the K1 does not require specific authorization from DHS for employment authorization, blocks 33a & 33b on the DS 230 would not be applicable for the K1 applicant. I still do not understand why this would not apply to the K2 applicant but that is not what this is all about.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

I will say this again in case ya'll missed it last time. In accordance with the Social Security Administration, a K1 does not require an EAD for temporary employment in the USA. Please see the sights linked in the quote above for exact information on this issue. The Social Security Administration is EXTREMELY specific on this point. A K1 is exempt from the requirement to obtain an EAD while they are in K1 status. JFK does not routinely issue EAD's anymore. This is outdated information. The I-688B is a defunct form and has been replaced by the I-766 which is obtained by filing the I-765 which cost money under most circumstances.

I am not making this stuff up. It is available information to any of you who care to read the info for yourselves.

My now husband entered the US on jan 31, 2008 via JFK and was given the EAD stamp without asking. Every person on VJ who has come through JFK on a K1 reports the exact same experience.

And you do need EAD to work if you arrived on a K1. The SS card you are issued is specifically stamped in red ink indicating that DHS work authorization is required.

Tanya's is not stamped with red ink and the SSA says otherwise. Argue with them.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
Alrighty folks...

I have gotten to the bottom of some of this mayhem. I would like to give credit to those who have suffered through this process long before me and have provided their expertise and wisdom and to VJ for having such a good repository for all of this knowledge and information.

Go to:Step-by-step Guide to getting a SSN. Read everything!

Then go to:Employment Authorization for Non-Immigrants. There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work. I have assumed all along that this was the case and that Tanya was issued a version of the EAD at ATL. This is not the case. She received her SSN because she is a K1. There is no requirement for a I-766 or I688B (EAD's) for her to receive a SSN. Her son on the other hand is a K2 and will need to file an I-765 to receive his EAD so he can apply for the SSN. However, this becomes academic once we are married and file the I-485 for AOS. The I-765 is incorporated into this process and the fees, from what I can gather, are included in the cost of the AOS application.

Because the K1 does not require specific authorization from DHS for employment authorization, blocks 33a & 33b on the DS 230 would not be applicable for the K1 applicant. I still do not understand why this would not apply to the K2 applicant but that is not what this is all about.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

I will say this again in case ya'll missed it last time. In accordance with the Social Security Administration, a K1 does not require an EAD for temporary employment in the USA. Please see the sights linked in the quote above for exact information on this issue. The Social Security Administration is EXTREMELY specific on this point. A K1 is exempt from the requirement to obtain an EAD while they are in K1 status. JFK does not routinely issue EAD's anymore. This is outdated information. The I-688B is a defunct form and has been replaced by the I-766 which is obtained by filing the I-765 which cost money under most circumstances.

I am not making this stuff up. It is available information to any of you who care to read the info for yourselves.

My now husband entered the US on jan 31, 2008 via JFK and was given the EAD stamp without asking. Every person on VJ who has come through JFK on a K1 reports the exact same experience.

And you do need EAD to work if you arrived on a K1. The SS card you are issued is specifically stamped in red ink indicating that DHS work authorization is required.

I am curious as to exactly what this stamp looks like and what it says. The SSA and USCIS both say that an EAD is either I766 or I688B, both of which are laminated photo ID cards with numerous anti-counterfeit features. Neither is a stamp. However, USCIS does mention a stamp they issue authorizing work but in itself it is not an Employment Authorization Document.

Edited by NavarreMan

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: England
Timeline
Alrighty folks...

I have gotten to the bottom of some of this mayhem. I would like to give credit to those who have suffered through this process long before me and have provided their expertise and wisdom and to VJ for having such a good repository for all of this knowledge and information.

Go to:Step-by-step Guide to getting a SSN. Read everything!

Then go to:Employment Authorization for Non-Immigrants. There you will find that a K1 does not require specific autorization by DHS to work in the USA. A K2 does. Therefore a K1 does not require the issuance of an EAD at the POE to be able to work. I have assumed all along that this was the case and that Tanya was issued a version of the EAD at ATL. This is not the case. She received her SSN because she is a K1. There is no requirement for a I-766 or I688B (EAD's) for her to receive a SSN. Her son on the other hand is a K2 and will need to file an I-765 to receive his EAD so he can apply for the SSN. However, this becomes academic once we are married and file the I-485 for AOS. The I-765 is incorporated into this process and the fees, from what I can gather, are included in the cost of the AOS application.

Because the K1 does not require specific authorization from DHS for employment authorization, blocks 33a & 33b on the DS 230 would not be applicable for the K1 applicant. I still do not understand why this would not apply to the K2 applicant but that is not what this is all about.

If anyone out there knows any of this to be incorrect please say so. This is my take on this very complicated issue. I may well be wrong and I will happily admit so if it be the case. When in doubt I recommend a lawyer just to be safe.

I will say this again in case ya'll missed it last time. In accordance with the Social Security Administration, a K1 does not require an EAD for temporary employment in the USA. Please see the sights linked in the quote above for exact information on this issue. The Social Security Administration is EXTREMELY specific on this point. A K1 is exempt from the requirement to obtain an EAD while they are in K1 status. JFK does not routinely issue EAD's anymore. This is outdated information. The I-688B is a defunct form and has been replaced by the I-766 which is obtained by filing the I-765 which cost money under most circumstances.

I am not making this stuff up. It is available information to any of you who care to read the info for yourselves.

My now husband entered the US on jan 31, 2008 via JFK and was given the EAD stamp without asking. Every person on VJ who has come through JFK on a K1 reports the exact same experience.

And you do need EAD to work if you arrived on a K1. The SS card you are issued is specifically stamped in red ink indicating that DHS work authorization is required.

I am curious as to exactly what this stamp looks like and what it says. The SSA and USCIS both say that an EAD is either I766 or I688B, both of which are laminated photo ID cards with numerous anti-counterfeit features. Neither is a stamp. However, USCIS does mention a stamp they issue authorizing work but in itself it is not an Employment Authorization Document.

If you are referring to the EAD stamp that is given at JFK, it is a red, smudgy stamp that is placed on the back of the I-94. I'm not home at the moment to read you the exact words, but its something to the effect of "Work Authorized" followed by some letters & numbers.

Didn't you say Tanya got the stamp? Wouldn't you have seen it on her I-94?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

Yes Tanya got a stamp on her I-94.

TANYAPASSPORT.jpg

But it does not mention any work authorization. It is merely a confirmation that the POE cleared her through Immigration. Is this the same stamp you speak of?

Edited by NavarreMan

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

It was this stamp and the guidelines linked above from the SSA that got Tanya her SSN.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: England
Timeline
Yes Tanya got a stamp on her I-94.

TANYAPASSPORT.jpg

But it does not mention any work authorization. It is merely a confirmation that the POE cleared her through Immigration. Is this the same stamp you speak of?

No. On the back of the I-94 card in the passport, there is a stamp that is only red ink and the verbiage is in a long line at the bottom.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

That is why I assumed it was the "EAD Stamp".

Yes Tanya got a stamp on her I-94.

TANYAPASSPORT.jpg

But it does not mention any work authorization. It is merely a confirmation that the POE cleared her through Immigration. Is this the same stamp you speak of?

No. On the back of the I-94 card in the passport, there is a stamp that is only red ink and the verbiage is in a long line at the bottom.

She does not have the stamp you described.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: England
Timeline
That is why I assumed it was the "EAD Stamp".

I never even noticed that my hasband had it until someine on VJ mentioned that it was on the back of their I-94. The other stamp, everyone gets upon entry.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
That is why I assumed it was the "EAD Stamp".

I never even noticed that my hasband had it until someine on VJ mentioned that it was on the back of their I-94. The other stamp, everyone gets upon entry.

this is what she has in her passport (reverse of I-94)

TANYAPASSPORT2.jpg

You may want to read up in the Working prior to greencard forum. The subject of "K1's are authorized and do not need the EAD" comes up a lot. You might want to check it out. :star:

Thanks, will do.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
Its not there! On the line right above the words, "departure record" is where my husband's EAD stamp is.

The white area is where they wrote in Tanya's A#. I removed it for security. There was no stamp.

Having looked at the above mentioned forum I see that the concensus is that the K1 is a work authorized visa and no EAD is necessary. Many people experienced what we did and did not need to provide and EAD or EAD "stamp" at the SSA to obtain SSN.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...