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Are K1 visa holders allowed to work after the 90 day work auth expires and before their EAD arrives?

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Filed: AOS (pnd) Country: Canada
Timeline

Here's a Q for K1 visa holders regarding work auth.

I've been reading the forum and gathering info on the various work vs. not work threads and there's only one question I'm not sure about now. It has to do with those grey days between the 90 day work auth expiring, and getting the actual EAD.

Here's what I know so far:

K1 visa + SSN = work for 90 days (if you can find an employer who's willing to take the risk. ones I've spoken to don't know what a K1 is and would rather not dabble in this grey area. Plus, I wasn't able to get the EAD stamp at the POE, so i have no written proof of being allowed to work.)

K1 visa + marriage = apply for AOS (including EAD)

Here's what I don't know:

So between the 90 day expiry and waiting for my EAD card to arrive, am I legally allowed to work? I get the sinking feeling that the answer is no. Sadly, it took 2 months for my SSN to arrive (it arrived yesterday!) so i only have 30 days in which to contribute to our income. As much as I'm enjoying playing wife-wife and baking cookies, immigrating is expensive business (as you all know) and even tho I saved 3 months of salary before moving, we're starting to feel the pinch. I'd love to take some of this financial burden off my poor hubby, but we want to make sure that I'm legally allowed to!

Bottom line: If I find a job before my 90 days expire, can I continue to work or do i have to quit and wait for my EAD card to arrive?

Looking forward to hearing from you! :)

ingrid

| k1 visa timeline |

22 feb 08 - petition mailed to csc

25 feb 08 - noa1

14 jul 08 - noa2

16 jul 08 - nvc received

23 jul 08 - nvc sent to consulate

25 jul 08 - us consulate received

30 jul 08 - rfe dated 28 jul received from consulate

31 jul 08 - rfe sent back to consulate

08 aug 08 - packet 3

27 aug 08 - medical complete

05 sept 08 - faxed back packet 3

15 sept 08 - received my birth certif!!

15 sept 08 - packet 4!!

21 oct 08 - interview - approved!

08 nov 08 - moved

27 dec 08 - married my sweetheart

| aos timeline |

01 feb 09 - aos/ead/ap mailed to chicago

03 feb 09 - received at chicago USCIS address

04 feb 09 - received driver's license!

11 feb 09 - received noa for aos/ead/ap dated feb 6

10 mar 09 - biometrics

06 apr 09 - received ap! dated mar 30

09 apr 09 - received ead! dated mar 30

21 apr 09 - received interview request! dated apr 15

25 jun 09 - interview - approved!

26 jun 09 - card production ordered

1 july 09 - approval letter received dated june 26

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Well technically when the temp. EAD expires, you no longer have DHS authorization to work.

Did you already file for AOS (and EAD)? (If so, how long ago?)

Edited by Karin und Otto
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Here's a Q for K1 visa holders regarding work auth.

I've been reading the forum and gathering info on the various work vs. not work threads and there's only one question I'm not sure about now. It has to do with those grey days between the 90 day work auth expiring, and getting the actual EAD.

Here's what I know so far:

K1 visa + SSN = work for 90 days (if you can find an employer who's willing to take the risk. ones I've spoken to don't know what a K1 is and would rather not dabble in this grey area. Plus, I wasn't able to get the EAD stamp at the POE, so i have no written proof of being allowed to work.)

K1 visa + marriage = apply for AOS (including EAD)

Here's what I don't know:

So between the 90 day expiry and waiting for my EAD card to arrive, am I legally allowed to work? I get the sinking feeling that the answer is no. Sadly, it took 2 months for my SSN to arrive (it arrived yesterday!) so i only have 30 days in which to contribute to our income. As much as I'm enjoying playing wife-wife and baking cookies, immigrating is expensive business (as you all know) and even tho I saved 3 months of salary before moving, we're starting to feel the pinch. I'd love to take some of this financial burden off my poor hubby, but we want to make sure that I'm legally allowed to!

Bottom line: If I find a job before my 90 days expire, can I continue to work or do i have to quit and wait for my EAD card to arrive?

Looking forward to hearing from you! :)

ingrid

You are only legally able to work as long as you have an EAD approved and in hand. Anything in between is a chance not worth taking, IMO.

-P

Edited by Minya's wife
funny-dog-pictures-wtf.jpg
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Filed: AOS (pnd) Country: Canada
Timeline
Well technically when the temp. EAD expires, you no longer have DHS authorization to work.

Did you already file for AOS (and EAD)? (If so, how long ago?)

Hi Karin,

I've not filed for AOS yet (we're waiting for our certified marriage certif). Which means that I have another 3 months to wait (if they process my EAD within that time). I just don't get it, why is this such a grey area? The lady at the SSA office confirmed that I'm allowed to work, but when I ask her how can I prove to prospective employers that I'm allowed to work, she says she doesn't know, and sadly she can't print me a letter stating that I can. She was super nice and really willing to help, but her hands are tied. In fact, she even tried to print off the info she has in their system but it comes out blank - she's not allowed to print it. There seems to be a major disconnect between SSA, DHS, USCIS ....

| k1 visa timeline |

22 feb 08 - petition mailed to csc

25 feb 08 - noa1

14 jul 08 - noa2

16 jul 08 - nvc received

23 jul 08 - nvc sent to consulate

25 jul 08 - us consulate received

30 jul 08 - rfe dated 28 jul received from consulate

31 jul 08 - rfe sent back to consulate

08 aug 08 - packet 3

27 aug 08 - medical complete

05 sept 08 - faxed back packet 3

15 sept 08 - received my birth certif!!

15 sept 08 - packet 4!!

21 oct 08 - interview - approved!

08 nov 08 - moved

27 dec 08 - married my sweetheart

| aos timeline |

01 feb 09 - aos/ead/ap mailed to chicago

03 feb 09 - received at chicago USCIS address

04 feb 09 - received driver's license!

11 feb 09 - received noa for aos/ead/ap dated feb 6

10 mar 09 - biometrics

06 apr 09 - received ap! dated mar 30

09 apr 09 - received ead! dated mar 30

21 apr 09 - received interview request! dated apr 15

25 jun 09 - interview - approved!

26 jun 09 - card production ordered

1 july 09 - approval letter received dated june 26

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