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TayRivers

K1 Not Authorized to Work

By TayRivers in Working & Traveling During US Immigration

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TayRivers Proficient

TayRivers   4

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Filed: Other Country: United Kingdom
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Just thought I would let you know that my employer just tried to verify a persons work status as per the new E-Verify service. The person is a K1 visa holder with the EAD stamp on the back of the I-94 and the result came back "Not Authorized for Work" The person entered through JFK 3 weeks ago and has a valid SSN.

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JeremyR Community Regular

JeremyR   8

Posted
Filed: Lift. Cond. (apr) Country: England
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The reason being that the K-1 in question has done what the stamp intended - it was to allow them to get an SSN (in the event that they live in an area where an SSN is required to obtain a marriage license). As far as I know, the "EAD stamp" was never intended to actually be used for work authorisation.

A 'proper' EAD card has an associated database entry that E-Verify checks against. The stamp is just a stamp by a CBP guard and nothing more so there's no database entry for E-Verify to check against hence the response from the system will be 'No'

Question for those who know more about these things than I:

If you get a 'No' response from E-Verify, is it recorded and can/will USCIS use it against the immigrant and say they attempted to work illegally?

Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

02/22/11 - NOA1 (received 03/03/11)

04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

09/20/11 - Service Request #1

10/26/11 - Service Request #2

11/29/11 - Interview @ Atlanta Field Office - Approved & I-551 stamped

12/07/11 - Card production ordered

12/10/11 - Green card received (293 days)

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