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Filed: Other Timeline
Posted
  Brad and Vika said:
  Kez/JWolf said:
  Terri and Seb said:
Not sure if this is relevant or not, but he already has a SSN from living in the U.S. as a kid (his dad worked on an H1B visa).

As already said a K1 visa holder is employment authorized for the 90 days from the date they enter the US, BUT for a employer to employ him he will need to complete form I-9 and he will not have an EAD to show he is able to work. There is a revised I-9 form (02/02/09) and it states.

  Quote
4. Employment Authorization Document, That contains a photograph (Form I-766)

So the EAD stamp from JFK is no longer valid.

And in 5. it now says that a I-94 has to say a specific employer.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

OK - I guess that explains why the passport control in Atlanta yesterday had no idea what I was talking about when we asked for the EAD stamp. So please clarify - what documents will Vika need if she intends to work before AOS?

A document from Column A and a document from Column B.

Filed: AOS (pnd) Country: Australia
Timeline
Posted (edited)
  Brad and Vika said:
Thanks for the information all. We are now back in that all-too-familiar holding pattern. :wacko:

we went to the Social Security Office today, and filed for the number. The guy processing our application said my finace was eligible to work till the k-1 expired. I guess we'll see what happens when the card shows. The supporting documents clearly state k-1s are eligible to work with out any additional work authorizations. The official said that his card would be stamped with something like "eligible for work only" (indicating that he wouldnt be eligible for social benefits)

Edited by annax
Filed: AOS (pnd) Country: Australia
Timeline
Posted (edited)
  Kez/JWolf said:
  Terri and Seb said:
Not sure if this is relevant or not, but he already has a SSN from living in the U.S. as a kid (his dad worked on an H1B visa).

As already said a K1 visa holder is employment authorized for the 90 days from the date they enter the US, BUT for a employer to employ him he will need to complete form I-9 and he will not have an EAD to show he is able to work. There is a revised I-9 form (02/02/09) and it states.

  Quote
4. Employment Authorization Document, That contains a photograph (Form I-766)

So the EAD stamp from JFK is no longer valid.

And in 5. it now says that a I-94 has to say a specific employer.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

Reading that, I don't think you do need it. You can use one item from list B and one from list C. If what the guy at the social security office said was true, my finance will be receiving an authorized to work card. That would fulfill requirement C (C 1) for identity from list B, you could show a local residency ID (B 2). In San Francisco, you can get one by showing a local utility bill or marriage license.

Edited by annax
 
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