Is A K1 authorized to work without an EAD?

[Rebecca Jo 1,962]

Reading through all of this makes me feel kind of confused.

I have also seen a link TracyTN has in her signature.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

Reading through it, it puts K-1 visas in a section which permits the visa holder to work without explicit authorization from DHS/USCIS, without an EAD or a stamp within one's passport. This is in Section C part 1. There are no comments or asterisks showing they MUST have EADs in this table in comparison to some other visa classes. Interestingly K-2 through K-4 all require EADs according to Section C part 2.

This issue is addressed further back in the thread. The Social Security Administration cannot authorize a person to work. They can only issue one of the documents that proves work authorization.

Always look to the I-9 if there is any confusion.

[Joandjo 20]

_{The bottom line is that when we got my wife's Social Security card (filed before marriage with Birth certificate and Passport only). On the SS card itself is printed: "Allowed to work with permission of HS only."}

_{For us that ends the discussion.}

[NigeriaorBust 4,087]

Not sure if it's worth posting anything here as everyone seems to have abandoned this discussion....not that I blame anyone for doing so! Talk about confusing! I'm at the point where I am ready for POE so this next phase is coming up for me.

What I find interesting/annoying/frustrating is there is no provision/information for those of us who already have a good job and could actually keep the same job after POE. Yes I am moving from Canada to the US, however, it's only two hours away, just over the border, and in the direction of my current job! If I were able to cross the border every day and work, then I could keep my job. The process just seems to assume that everyone is moving a long distance.

Part of your difficulty is the visa path you choose. The K1 keeps you locked into the US. You could have gone the CR1 route and been work and travel authorized immediately.

[wagonmaker 7]

_{The bottom line is that when we got my wife's Social Security card (filed before marriage with Birth certificate and Passport only). On the SS card itself is printed: "Allowed to work with permission of HS only."}

_{For us that ends the discussion.}

I say again, consult a reliable, recommended immigration attorney. My friend, about whom I have written before, came here last year on a fiancee visa, entered in NY JFK, got the dated work authorization stamp which said it allowed work for 3 months, got a SSN, got a job that went through e-verify, and worked successfully. They got married immediately upon her arrival and subsequently had the AoS appointment where they were asked about employment and were truthful and had no problem, and got the conditional green card. They have one more hurdle, of course, to remove the marital conditions, but that should be no problem as they are a 100% legitimate married couple and then she'll have her permanent green card. I am not saying this will always be the case, but i am saying emphatically that you should consult a reliable immigration lawyer who has experience with family-based visas if that;s how you're coming in, and don't go by the laymen's interpretation here of obscurely written rules. Start with AILA - American Immigration Lawyers Association (www.aila.org) for recommendations. It is ALWAYS a good idea to consult an immigration lawyer who is recommended to you by a reliable source for all phases of this intimidating experience. It is very confusing, and you should try not to go it alone. But be careful, as there are many unscrupulous lawyers in the field - get a rec from AILA or even the Bar association in your area, not the yellow pages. Good luck to all and happy new year.

[Rebecca Jo 1,962]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

[mateinone 2]

Speaking with my lawyer (California based), she advised that the stamp at JFK that states you are authorized to work is valid, but she believed they had now stopped issuing it and she knew of no other POE that was issuing it.

Now I don't know what anyone's qualifications are, perhaps Rebecca Jo is actually an immigration lawyer as well, I don't have an opinion as I am just applying for my AOS after marriage and going from there, but according to my lawyer and her colleagues the stamp at JFK does in fact authorize you to work.

[Penny Lane 8,159]

No. A stamp does not allow you to work. This is how it happened years ago, I believe, but it's not happening anymore. You *need* the EAD to work. It's really that simple. There's no need to look for ways around it. Those are the facts. EAD is necessary.

A lawyer who says otherwise is misinformed.

[NigeriaorBust 4,087]

Speaking with my lawyer (California based), she advised that the stamp at JFK that states you are authorized to work is valid, but she believed they had now stopped issuing it and she knew of no other POE that was issuing it.

Now I don't know what anyone's qualifications are, perhaps Rebecca Jo is actually an immigration lawyer as well, I don't have an opinion as I am just applying for my AOS after marriage and going from there, but according to my lawyer and her colleagues the stamp at JFK does in fact authorize you to work.

Having a degree in law does not equate to prefection. Did she also tell you that the stamp dies with the visa (90 days) That is why applying for the EAD based on K1 makes no sense, it is usually good only for a few days. She obviously needs to update her knowledge on the stamp as about 3 years ago they rewrote the rules making it clear that the stamp was no longer valid. Did she study out of an old book ? Is the world still flat ?

Edited June 8, 2012 by NigeriaorBust

[wagonmaker 7]

Having a degree in law does not equate to prefection. Did she also tell you that the stamp dies with the visa (90 days) That is why applying for the EAD based on K1 makes no sense, it is usually good only for a few days. She obviously needs to update her knowledge on the stamp as about 3 years ago they rewrote the rules making it clear that the stamp was no longer valid. Did she study out of an old book ? Is the world still flat ?

And reading and posting on a bulletin board does not make *you* an expert, so you could cut the unnecessary sarcasm. I am only trying to help others to understand that the laymen here are well-meaning, but they are only reading and interpreting the law themselves, and they are not always right. So get a good lawyer. Yes, the stamp was valid for 90 days (not "a few days"). Yes, my friend's experienced immigration attorney advised her correctly about this. I can't say what JFK airport is doing today, but my friend entered the US in October 2010, got the stamp, got married within days, got a SSN, got a job with e-verify checking, and had no problem whatsoever - in fact they were completely honest about her employment at their green card interview, and it was completely fine - she now has a green card, and expects to have no problem removing the marital qualification. I will repost what I said before about my friend's experience, the advice she received, and how it was correct. I am not telling anyone to go with that, but I am saying that you need an attorney, not just the lay advice found here. Here is what I said previously, and it is 100% accurate for my friend's experience:

I say again, consult a reliable, recommended immigration attorney. My friend, about whom I have written before, came here last year on a fiancee visa, entered in NY JFK, got the dated work authorization stamp which said it allowed work for 3 months, got a SSN, got a job that went through e-verify, and worked successfully. They got married immediately upon her arrival and subsequently had the AoS appointment where they were asked about employment and were truthful and had no problem, and got the conditional green card. They have one more hurdle, of course, to remove the marital conditions, but that should be no problem as they are a 100% legitimate married couple and then she'll have her permanent green card. I am not saying this will always be the case, but i am saying emphatically that you should consult a reliable immigration lawyer who has experience with family-based visas if that;s how you're coming in, and don't go by the laymen's interpretation here of obscurely written rules. Start with AILA - American Immigration Lawyers Association (www.aila.org) for recommendations. It is ALWAYS a good idea to consult an immigration lawyer who is recommended to you by a reliable source for all phases of this intimidating experience. It is very confusing, and you should try not to go it alone. But be careful, as there are many unscrupulous lawyers in the field - get a rec from AILA or even the Bar association in your area, not the yellow pages. Good luck to all and happy new year.

Speaking with my lawyer (California based), she advised that the stamp at JFK that states you are authorized to work is valid, but she believed they had now stopped issuing it and she knew of no other POE that was issuing it.

Now I don't know what anyone's qualifications are, perhaps Rebecca Jo is actually an immigration lawyer as well, I don't have an opinion as I am just applying for my AOS after marriage and going from there, but according to my lawyer and her colleagues the stamp at JFK does in fact authorize you to work.

Yes, that is what I have been saying here too. My friend's lawyer said the same thing, and it was 100% correct for my friend.

[Penny Lane 8,159]

In 2010, it's possible. However, NOW, the EAD is needed to work for all K1s. No more stamp.

[Harsh_77 718]

In 2010, it's possible. However, NOW, the EAD is needed to work for all K1s. No more stamp.

+1

On K1 an EAD is required without it cannot work.

Can't say anything about the lawyer or her partner and worst case if you get caught working illegal you cannot get away with saying lawyer said it was ok.

You as an individual would be responsible for knowing the laws.

[Rebecca Jo 1,962]

In 2010, it's possible. However, NOW, the EAD is needed to work for all K1s. No more stamp.

The EAD has always been needed to work. That's been established from showing guidance from way before 2010.

But JFK used to stamp K1 passports work authorized and employers didn't know how to interpret the I-9.

A bunch of government eggheads got together and published a new I9 in late 2009. It was much easier to read. But alas, some people are silly and some of them work in Human Resources.

The government decided it should publish some rules. The Employers Guide to the I9 form M-274. (The government has so damn many forms). They published this when.................drumroll................

January 2011.

Oh and they've revised it since then to make it even MORE clear, because, well........some people are silly. (Thank you Evylin for realizing that!)

K1 needs a plastic EAD card to work. End of story. There is no other option. Someday USCIS will fix it so K1's aren't work authorized. The Social Security Administration wants 'em too. (Google that one - not too hard to find).

In the meanwhile - carry on! Get thee an EAD card, go forth, and work!

[wagonmaker 7]

The EAD has always been needed to work. That's been established from showing guidance from way before 2010.

But JFK used to stamp K1 passports work authorized and employers didn't know how to interpret the I-9.

A bunch of government eggheads got together and published a new I9 in late 2009. It was much easier to read. But alas, some people are silly and some of them work in Human Resources.

The government decided it should publish some rules. The Employers Guide to the I9 form M-274. (The government has so damn many forms). They published this when.................drumroll................

January 2011.

Oh and they've revised it since then to make it even MORE clear, because, well........some people are silly. (Thank you Evylin for realizing that!)

K1 needs a plastic EAD card to work. End of story. There is no other option. Someday USCIS will fix it so K1's aren't work authorized. The Social Security Administration wants 'em too. (Google that one - not too hard to find).

In the meanwhile - carry on! Get thee an EAD card, go forth, and work!

Hi again - ok, this now makes more sense. All I have been reporting is what happened with my friends in 2010, based on the advice of their attorney (who was not misinformed - at that time it was still apparently acceptable). The USCIS greencard interviewer surely knew the law, and had no issue with my friend's truthful report of her work with the stamp. No one was "caught", they were up front and honest and it was not a problem. At that time anyway it was not all black and white. Now I am not surprised if it has been further clarified and those pesky stamps confiscated from the JFK agents so they can't use them any more. But a good, experienced, established immigration attorney who works at it every day and has been recommended by a reliable source would know that, as my friends' did. All I say is get a lawyer, don't go by us - we all mean well, but we are not professionals, and every situation is a bit different.

One question Rebecca - do you really think K-1 s should not be allowed to work, or was that sarcasm or a typo?

Cheers

[Rebecca Jo 1,962]

Hi again - ok, this now makes more sense. All I have been reporting is what happened with my friends in 2010, based on the advice of their attorney (who was not misinformed - at that time it was still apparently acceptable). The USCIS greencard interviewer surely knew the law, and had no issue with my friend's truthful report of her work with the stamp. No one was "caught", they were up front and honest and it was not a problem. At that time anyway it was not all black and white. Now I am not surprised if it has been further clarified and those pesky stamps confiscated from the JFK agents so they can't use them any more. But a good, experienced, established immigration attorney who works at it every day and has been recommended by a reliable source would know that, as my friends' did. All I say is get a lawyer, don't go by us - we all mean well, but we are not professionals, and every situation is a bit different.

One question Rebecca - do you really think K-1 s should not be allowed to work, or was that sarcasm or a typo?

Cheers

It wasn't sarcasm, and it doesn't matter what I think.

There was a whitepaper a few years back by SSA wherein they urged the Service to do away with K1 work authorization. One of their arguments was that K1's sometimes get SS numbers, then don't fulfill the terms of the visa (ie marry the petitioner). These people end up illegally present with a SS number.

[wagonmaker 7]

It wasn't sarcasm, and it doesn't matter what I think.

There was a whitepaper a few years back by SSA wherein they urged the Service to do away with K1 work authorization. One of their arguments was that K1's sometimes get SS numbers, then don't fulfill the terms of the visa (ie marry the petitioner). These people end up illegally present with a SS number.

Shame on the SSA then. Many more honest people come here on K1s and need to work to support themselves and their families. Focusing on the few cheaters is wrong-headed and destructive. Not to mention un-American.