Work Authorisation stamp / EAD at JFK

[missingmykiwi 0]

why on earth did ss make you wait???

There was no waiting at our office for 30 days. They said as soon as you are legally here on K-1 you could apply. No waiting 30 days, that is so bizzare that they are telling you to wait.

It took up to 1 week for ss card to arrive once we applied, I would say it was about 5 days later it came in the mail.

I am sorry that people are not having an easy time of it. Arghhh.

Christine

Ok cool. Well even if I knew it back then my work permitted period wouldn´t be 90 days but only like half of it. When I went to SS after 2 weeks of being here they said I had to wait 30 days after entering USA to apply for SS card. Plus after that like 2 weeks to receive the card. So like a month and a half left to expiration of I-94. That isn´t even worth bothering

[Eric-Pris 1,607]

My fiancee entered thru JFK and received the EAD stamp without saying a word.

[manchild1234 0]

Well guys and girls,

I am now in the good ol' US of A!!! Hoorah!!!

POE was great! When I got off of the plane I walked nice and fast to get ahead of everyone, then when I reached passport control there was only 2 people in front of me in the line -which was nice- then the passport guy was really nice and cheerful, directed me to the counter near the baggage claim so to get my stuff done, shook and hand and wished me luck

I then went straight to the counter, gave this nice woman my stuff, took a seat for 5 minutes and then she gave me my passport, along with the work authorization stamp and that was it! Nice and quick and easy! There was no one else there, real quiet, real nice and I was with my fiancee in no time!

All in all a great experience! :-)

I'm now sorting out a bank account, Social Security Number and getting a job!

This is all very exciting

Next stop; getting married!!!

[olafgypsy 0]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

[NavarreMan 10]

Great piece of research. Thanks for the effort. I have covered this information with my congressman and what still needs to be discovered is the regs covering the "EAD Stamp". I will not recommend to my congressman that the SSA's concern are addressed. My goal is to increase the time a K1 can work, not decrease it, which is what will happen if the SSA gets their way. As a matter of fact it may altogether eliminate a K1's ability to get authorization to work at all until after the AOS.

[b_assif 1]

My husband Said came through JFK on 8/24/08 and asked for the work stamp and was told that they would send him an email, that they dont do that there anymore. Im pretty confused on our next step.