Permission to work on K1 with SSN

[phub11 0]

Hi all,

Called the immigration office at Boston Logan Airport to inquire about getting a 90 work permit stamp (too expensive to go through JFK - and there is no guarantee I'd get it anyway). The officer told me these 90 work permit don't exist!

It seems that my old SSN I got when I used to be a resident in the States along with the K1 visa is all I need to work in the USA. As most employers aren't aware of this, she told me I should still get the EAD as soon as I get married.

Well, I'm not 100% sold on this, but just thought I'd let VJers know of my "stamp quest" experience.

[KimandRuss 0]

Only way for a K-1 visa holder to take a job is if they have EAD stamp in passport, most POE do not issue this stamp because SSA will issue SSN to a K-1 with or without the stamp.

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.

A K-1 can apply for EAD card before marriage and filing AOS, however, this costs $340, and results is a 90 day EAD card that expires 90 days after entry, and since it can take nearly 90 days to get the card, the card will either have expired before it can be issued, or expires shortly after getting it.

Even if you got the stamp at the POE it will expire in 90 days and many employers require work authorization from the DHS as they have the final say in the matter so you would have to leave/quit until your new one comes.

The law(s) are very sketchy and are certainly interpreted different ways but ultimately the K1 is work authorized mostly to get you your social security number and any employer will ask for work authorization before taking you on.

[phub11 0]

Only way for a K-1 visa holder to take a job is if they have EAD stamp in passport, most POE do not issue this stamp because SSA will issue SSN to a K-1 with or without the stamp.

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.

A K-1 can apply for EAD card before marriage and filing AOS, however, this costs $340, and results is a 90 day EAD card that expires 90 days after entry, and since it can take nearly 90 days to get the card, the card will either have expired before it can be issued, or expires shortly after getting it.

Even if you got the stamp at the POE it will expire in 90 days and many employers require work authorization from the DHS as they have the final say in the matter so you would have to leave/quit until your new one comes.

The law(s) are very sketchy and are certainly interpreted different ways but ultimately the K1 is work authorized mostly to get you your social security number and any employer will ask for work authorization before taking you on.

Thanks for the reply.

What you have said is what was my understanding too. However, she told me that since I already have a SSN from when I used to be a United States resident, and that I don't need to get another SSN, I fulfill the criteria for work eligibility. But like you and the immigration officer said, most employers demand a EAD as the law is very grey in this area (and they want to cover their backs).

Anyway, I'm not going to suggest that people ignore VJ advice, but it seems immigration officers may have differing views on how to get immediate work authorization.

[YuAndDan 153]

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.

A K-1 can apply for EAD card before marriage and filing AOS, however, this costs $340, and results is a 90 day EAD card that expires 90 days after entry, and since it can take nearly 90 days to get the card, the card will either have expired before it can be issued, or expires shortly after getting it.

Look closely at the SSN card, does it say "Valid with DHS auth only"? If it does this is telling the prospective employer to ask for EAD or Green-card to prove employment eligibility. DHS gives work authorization not SSA.

Only way for a K-1 visa holder to take a job is if they have EAD stamp in passport, most POE do not issue this stamp because SSA will issue SSN to a K-1 with or without the stamp.

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.

A K-1 can apply for EAD card before marriage and filing AOS, however, this costs $340, and results is a 90 day EAD card that expires 90 days after entry, and since it can take nearly 90 days to get the card, the card will either have expired before it can be issued, or expires shortly after getting it.

Even if you got the stamp at the POE it will expire in 90 days and many employers require work authorization from the DHS as they have the final say in the matter so you would have to leave/quit until your new one comes.

The law(s) are very sketchy and are certainly interpreted different ways but ultimately the K1 is work authorized mostly to get you your social security number and any employer will ask for work authorization before taking you on.

Hey looks like you quoted my usual replies to this.

[YuAndDan 153]

What you have said is what was my understanding too. However, she told me that since I already have a SSN from when I used to be a United States resident, and that I don't need to get another SSN, I fulfill the criteria for work eligibility. But like you and the immigration officer said, most employers demand a EAD as the law is very grey in this area (and they want to cover their backs).

Anyway, I'm not going to suggest that people ignore VJ advice, but it seems immigration officers may have differing views on how to get immediate work authorization.

You dont need to apply for a SSN, once one is issued it is the person's for life, this saves you this step. However having SSN is NOT work authorization, DHS gives that permission, not SSA.

[KimandRuss 0]

Hey looks like you quoted my usual replies to this.

Hope you don't mind! I couldn't have written it any better.

[YuAndDan 153]

Hey looks like you quoted my usual replies to this.

Hope you don't mind! I couldn't have written it any better.

No problem at all.

[phub11 0]

Cut-and-paste - this must be quite a common topic then!

I guess it's not too surprising given the large grey area surrounding this matter - it appears even immigration officers have differing views on it

Thanks!

[pushbrk 12,881]

Cut-and-paste - this must be quite a common topic then!

I guess it's not too surprising given the large grey area surrounding this matter - it appears even immigration officers have differing views on it

Thanks!

Customs and Border Control officers at airports do not represent USCIS with regard to how immigrants gain employment authorization. That you have an SSN is good but check out the I-9 form the employer will need you to fill out and the confusion will clear up somewhat.

http://www.uscis.gov/files/form/I-9.pdf

[Saddle Bronc 124]

The immigration officer here actually told two pieces of rubbish:

1. that the 90-day permit doesn't exist (it specifically does, for K-1)
2. that having an SSN was the same as having a right to work--not true, as many nonworking-dependant (derivative of temp work-permit such as H1-b or TN-1) holders prior to 1995 got SSN's; as well, some temp workers converted to dependant due to several reasons (they would still have SSN, but due to dependant status, not allowed to work)

[phub11 0]

Aha!

Thanks for the posts.... that clears things up a lot.

Since I already have a ticket to Boston I'm going to ask the question thats probably been asked a thousand times..... Any ideas on how to get one of these stamps in Boston?!!!!

[RaTBoX 1]

You can ask the CBP officer who processes you for it, but they may just turn around and say they don't give it out.

If they don't give it to you, you have the two options outlined in previous posts:

1) File I-765 with $340 for a Category [a][6] EAD card which is good for 90 days from entry, but may take 90 days to be approved; or

2) Wait until married and file I-765 (fee included in AoS) for a Category [c][9] EAD.

Edited June 5, 2008 by RaTBoX

[YuAndDan 153]

You can ask the CBP officer who processes you for it, but they may just turn around and say they don't give it out.

If they don't give it to you, you have the two options outlined in previous posts:

1) File I-765 with $340 for a Category [a][6] EAD card which is good for 90 days from entry, but may take 90 days to be approved; or

2) Wait until married and file I-765 (fee included in AoS) for a Category [c][9] EAD.

Exactly, the only family based immigrant visa that guarantees work authorization is CR-1 and IR-1 spousal IMMIGRANT visa, that on will get I-551 stamp upon entry which = GREEN-CARD.

[RaTBoX 1]

Exactly, the only family based immigrant visa that guarantees work authorization is CR-1 and IR-1 spousal IMMIGRANT visa, that on will get I-551 stamp upon entry which = GREEN-CARD.

That's not exactly true. It may be the only category where you are guaranteed to get a document proving your work authorization , but K1s are bestowed work authorization inherit to their status even though its not a work-based visa.