curius about k1 can work or not?

[N360 0]

Also, I have no doubt that what you did worked. And I have no doubt that even now, many can get away with just an I-94. Immigration issues and inconsistensies tend to go together.

But the OP is asking for proven input and advices. The best proven input and advice I could give was a link from USCIS. A document from USCIS to employers on what type of documentation to look for.

It's not really muddy at all, the link from USCIS clearly states that for aliens awaiting adjustment of status, like K-1, employers should look for EAD. It did not say that an I-94 is ok in case the applicant does not have EAD.

However, it did say that an I-94 is ok for Aliens granted employer-specific employment-based classifications such as A-1, A-2, H-2b, etc. K-1 visas are not employment based classifications.

[iKHiNG 0]

I think you should look at the Social Security Website... https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1

[leejoy_and_ron 0]

The state department website http://travel.state.gov/visa/immigrants/ty...types_2994.html

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)? http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You can work up to the end of the I-94.

The best bet is to call the USCIS and verify with them.

Good luck.

[jom 4]

I want to say something different.

To the OP, you just arrived here, just got married so don't even think about work yet. Enjoy your time with your husband and the new life you have here. I am sure you will file your AOS soon. .and the EAD comes quick so to be on the safe side. . just wait for it.

[RaTBoX 1]

Apparently a K-1's I-94 = EAD stamp. Please see this post: http://www.visajourney.com/forums/index.ph...t&p=1880480

With an unexpired I-94, we can get an SSN and work until our I-94 expires. After that, we need a regular EAD.

You're taking information from that post out of context.

Firstly, the pdf document the post links to is an SSA internal memo. The social security agency has no jurisdiction over you being legally authorized to work. That memo is saying that the SSA will recognize you as work authorized so you can be given a social security number, but it's got nothing to do with your actual work status when coming to find a job. It's just how the SSA sees you.

The document proves nothing about US immigration allowing anyone to work.

Now have a read of this post. (It saves me copying and pasting the information I originally posted).

[RaTBoX 1]

When discussing weather or not K1 holders can work without first obtaining an EAD, many people cite the SSA policy that is linked to above.

What people forget (or don't realize) is that the Social Security Agency has no jurisdiction over your employment authorization as an immigrant. Just because the SSA says something in a memo or a policy doesn't mean it makes it legal.

The SSA policy is the rules that the SSA will follow. The policy is saying that the SSA recognizes K1 holders as work authorized so they can obtain a social security number. Just because the SSA recognizes you as work authorized for social security purposes doesn't mean you can legally accept a job without an EAD.

Have a look at this post. In it I have highlighted the relevant parts of the Code of Federal Regulations (basically the administrative law that the USCIS must follow) which explain the rules for immigrants who want to work, specifically K class visa holders.

Remember, to work you need to meet the requirements of the I-9, and the only way a K1 holder can do that is with an EAD. As the CRF states (see the post I linked to) a K1 holder, which work authorized incident to status, MUST obtain documentary proof of that work authorization from USCIS (and that would be in the form of an [a][6] EAD which lasts for 90 days, or the EAD stamp on an I-94 (this is an [a][6] EAD just in stamp form).

Edited May 30, 2008 by RaTBoX

[I luv my chappara 0]

TO all:

Noel & Tintin

Ratbox

jom

jundp

lee_joy

ikhing

roy & yazi

galateia

THank u very much for the time..

I think my decision now, is not to work yet... we will sent AOS next week, so I will just wait for my EAD..

the reason why i wanna work soon, coz my husband will be working in the place wherein they will hire me too, (coz they are family friends) so they can wait for my EAD while im already there working.. (it's really a good deal... instead of seating all day at home and wait for my husband,, but instead I can go to work with him, so we will be together everyday this situation is really tempting to me,,, but Im scared also coz of this k1 & EAD stuff.

Edited May 30, 2008 by I luv my chappara

[RaTBoX 1]

I think my decision now, is not to work yet... we will sent AOS next week, so I will just wait for my EAD..

the reason why i wanna work soon, coz my husband will be working in the place wherein they will hire me too, (coz they are family friends) so they can wait for my EAD while im already there working.. (it's really a good deal... instead of seating all day at home and wait for my husband,, but instead I can go to work with him, so we will be together everyday this situation is really tempting to me,,, but Im scared also coz of this k1 & EAD stuff.

So are you saying you're going to wait for your [c][9] EAD that you applied for with your AoS application, or you're going to work before it arrives because you're working for family friends?

While I won't tell you what to do one way or another, I'll just point out that working without an EAD is against immigration law for someone in your status. When you start work, you legally have 3 days to complete an Employment Eligibility Verification Form (I-9), It's the companies responsibility to make sure that you're legally authorized to work. If they complete their part of the I-9, and employ you even though you're not authorized, and get caught during a Department of Labor audit (or some other reason) then they will be in a fair bit of trouble.

You takes your pick and takes your chances, as they say.

[jom 4]

I think my decision now, is not to work yet... we will sent AOS next week, so I will just wait for my EAD.. the reason why i wanna work soon, coz my husband will be working in the place wherein they will hire me too, (coz they are family friends) so they can wait for my EAD while im already there working.. (it's really a good deal... instead of seating all day at home and wait for my husband,, but instead I can go to work with him, so we will be together everyday this situation is really tempting to me,,, but Im scared also coz of this k1 & EAD stuff.

So are you saying you're going to wait for your [c][9] EAD that you applied for with your AoS application, or you're going to work before it arrives because you're working for family friends?

While I won't tell you what to do one way or another, I'll just point out that working without an EAD is against immigration law for someone in your status. When you start work, you legally have 3 days to complete an Employment Eligibility Verification Form (I-9), It's the companies responsibility to make sure that you're legally authorized to work. If they complete their part of the I-9, and employ you even though you're not authorized, and get caught during a Department of Labor audit (or some other reason) then they will be in a fair bit of trouble.

You takes your pick and takes your chances, as they say.

I believe the OP is very clear with her decision to wait for her EAD. Smart decision. Goodluck to you

[I luv my chappara 0]

So are you saying you're going to wait for your [c][9] EAD that you applied for with your AoS application, or you're going to work before it arrives because you're working for family friends?

While I won't tell you what to do one way or another, I'll just point out that working without an EAD is against immigration law for someone in your status. When you start work, you legally have 3 days to complete an Employment Eligibility Verification Form (I-9), It's the companies responsibility to make sure that you're legally authorized to work. If they complete their part of the I-9, and employ you even though you're not authorized, and get caught during a Department of Labor audit (or some other reason) then they will be in a fair bit of trouble.

You takes your pick and takes your chances, as they say.

===================================

Thnx for the reminders..

nope, I mean I will work until I will have EAD, i will just wait for it coz we will file AOS next week,, maybe it's not too long wait ...

Edited May 30, 2008 by I luv my chappara

[I luv my chappara 0]

I believe the OP is very clear with her decision to wait for her EAD. Smart decision. Goodluck to you

THnx ate Myla i already knew ur name

Edited May 30, 2008 by I luv my chappara

[I luv my chappara 0]

To all:

Thank you very much for the reply

[RaTBoX 1]

I think my decision now, is not to work yet... we will sent AOS next week, so I will just wait for my EAD.. the reason why i wanna work soon, coz my husband will be working in the place wherein they will hire me too, (coz they are family friends) so they can wait for my EAD while im already there working.. (it's really a good deal... instead of seating all day at home and wait for my husband,, but instead I can go to work with him, so we will be together everyday this situation is really tempting to me,,, but Im scared also coz of this k1 & EAD stuff.

So are you saying you're going to wait for your [c][9] EAD that you applied for with your AoS application, or you're going to work before it arrives because you're working for family friends?

While I won't tell you what to do one way or another, I'll just point out that working without an EAD is against immigration law for someone in your status. When you start work, you legally have 3 days to complete an Employment Eligibility Verification Form (I-9), It's the companies responsibility to make sure that you're legally authorized to work. If they complete their part of the I-9, and employ you even though you're not authorized, and get caught during a Department of Labor audit (or some other reason) then they will be in a fair bit of trouble.

You takes your pick and takes your chances, as they say.

I believe the OP is very clear with her decision to wait for her EAD. Smart decision. Goodluck to you

It was the bit that said "so they can wait for my EAD while im already there working" which made me think that she was considering working without the EAD.

[I'm Gone 60]

Here's a more recent link or documentation directly from USCIS' website.

http://www.uscis.gov/files/article/EIB108.pdf

If you see on section "TEMPORARY, UNRESTRICTED EMPLOYMENT". It says aliens awaiting adjustment of status, like K-1 visa holders, must use EAD as evidence of work authorization.

And on section "TEMPORARY, RESTRICTED EMPLOYMENT (EMPLOYER-SPECIFIC)", it says that some visa classification can present their I-94 as valid evidence of work authorization. But as you can see, K-1 visa holders are not one of them

First time I have seen that, but one thing to remember, when a K-1 applies for an SSN and presents the I-94, they are assigned an SSN because immigration says they are employment authorized. Haven't seen anything in writing as to why immigration gives that response without an EAD having been provided.

[RaTBoX 1]

First time I have seen that, but one thing to remember, when a K-1 applies for an SSN and presents the I-94, they are assigned an SSN because immigration says they are employment authorized. Haven't seen anything in writing as to why immigration gives that response without an EAD having been provided.

Sorry, I am just trying to follow the chain of logic here.

What response from immigration have you seen nothing in writing about? Is it why immigration allows SSA to see K1 holders as work authorized?

Not saying you're wrong, just got confused reading the post.

Edited May 30, 2008 by RaTBoX