Completely Confused . . . Can K1s work right away?

[Arabella 4]

I've seen posts saying that K1 Visa holders have to wait until they receive their EAD, and I've seen others that say they can work right away.

The VJ timeline says "Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received."

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Is there someone who can link a definitive answer on this? I want to know if my fiance can apply for a job when he moves here right away, if he can start once we get married, or if he has to wait until after we are married and he receives his EAD.

Thanks!!!!

Edited April 14, 2009 by Arabella

[Kathryn41 3,205]

K-1s now require an EAD to work.

Some land borders from Canada do give a 'work authorization' stamp on the I-94. The I-94 is given when the K-1 visa is activated at the border and is valid for 90 days. There are no airports, however, that do. Canada has pre-screened immigration facilities at the airports in Canada before boarding flights to US destinations, including JFK so Canadians are not able to receive a 'work authorization' stamp at JFK as they have already been through immigration prior to their arrival at the airport. Regulations have also changed so that while K-1s can receive "work authorization' stamps, this authorization is no longer recognized by the documentation employers are required to verify prior to hiring someone.

Applying for an actual Employment Authorization Document as a K-1 is a waste of money. The EAD takes about 90 days to process and has to be based upon the applicant's current immigration status. The I-94 - which documents the K-1s current immigration status - is only valid for 90 days so in many cases the EAD eligibility period has expired even before the EAD is processed.

Once you are married, a K-1 applies to 'adjust status' from a K-1 non-immigrant to an immigrant with an AOS application (I-485). For the same fee, the applicant can also file for an Employment Authorization Document (EAD )- I-765. This will also take about 90 days to process but is recognized by employers as a valid employment document. This EAD is based upon the applicant's new status as 'AOS applicant' rather than as K-1with a valid I-94.

K-1s are technically 'employment authorized' but it isn't so that they can work. It is because some states require a SSN in order to issue a marriage license and it is to ensure that the K-1 is able to obtain a SSN, thus fulfilling the terms of their visa - to marry their US sponsor - within 90 days of their arrival in the US.

I hope this helps to clear the issue up.

Edited April 14, 2009 by Kathryn41

[Mononoke28 135]

The EAD stamp a K1 visa holder gets at POE is only valid until the expiration date of the I-94, not the K1 since their actual visa is no longer valid once they enter the US. Even if your fiancé gets his EAD stamp valid for a full 90 days, it would be hard for him to find an employer who would be willing to hire him to work for less than 90 days. Once that EAD stamp expires, he cannot continue to legally work unless he has either his EAD card or green card and that won't happen 90 days after his POE.

Diana

[Nik+Heather 121]

Furthermore,

Just recently (or coming up in the next few months) The stamps mentioned above will no longer be a valid proof of eligibility to work.

This was always a fluke loop hole, and it's Clooooosing!

Don't plan on working until after you apply for AOS and get your EAD from that filing.

[TayRivers 4]

The EAD stamp a K1 visa holder gets at POE is only valid until the expiration date of the I-94, not the K1 since their actual visa is no longer valid once they enter the US. Even if your fiancé gets his EAD stamp valid for a full 90 days, it would be hard for him to find an employer who would be willing to hire him to work for less than 90 days. Once that EAD stamp expires, he cannot continue to legally work unless he has either his EAD card or green card and that won't happen 90 days after his POE.

Diana

The rules regarding the acceptable documents for the I-9 form (completed by all new employees) has changed and a I-94 with a EAD stamp is no longer on the list, unless your visa is for a specific employer.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

So K1 visa holders who get the EAD stamp are no longer allowed to work for the 90 days that their I-94 is valid for.

My employer was going to hire a person on a temp job for 3 weeks, they have a k1 visa and a EAD stamp from JFK and when my employer used the E-Verify system for the new I-9 it came back that the person is not work authorized. So he was not able to employ her. The Person got the EAD stamp 3 weeks ago at JFK.

[pushbrk 12,898]

The EAD stamp a K1 visa holder gets at POE is only valid until the expiration date of the I-94, not the K1 since their actual visa is no longer valid once they enter the US. Even if your fiancé gets his EAD stamp valid for a full 90 days, it would be hard for him to find an employer who would be willing to hire him to work for less than 90 days. Once that EAD stamp expires, he cannot continue to legally work unless he has either his EAD card or green card and that won't happen 90 days after his POE.

Diana

The rules regarding the acceptable documents for the I-9 form (completed by all new employees) has changed and a I-94 with a EAD stamp is no longer on the list, unless your visa is for a specific employer.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

So K1 visa holders who get the EAD stamp are no longer allowed to work for the 90 days that their I-94 is valid for.

My employer was going to hire a person on a temp job for 3 weeks, they have a k1 visa and a EAD stamp from JFK and when my employer used the E-Verify system for the new I-9 it came back that the person is not work authorized. So he was not able to employ her. The Person got the EAD stamp 3 weeks ago at JFK.

In short, there is now a Catch 22 invalidating temporary EAD for K1 visa holders, in that the stamp isn't acceptable proof of work authorization on the I-9 form.

[Gary and Alla 3,694]

I've seen posts saying that K1 Visa holders have to wait until they receive their EAD, and I've seen others that say they can work right away.

The VJ timeline says "Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received."

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Is there someone who can link a definitive answer on this? I want to know if my fiance can apply for a job when he moves here right away, if he can start once we get married, or if he has to wait until after we are married and he receives his EAD.

Thanks!!!!

Not any more.

Until this month (unless it was extended again, I doubt it) some POEs, notably JFK, gave an "employment authorized" stamp to K-1 visa holders. The wording of the previously used I-9 employment form was "vague enough" to allow an K-1 with this stamp and an SSN (which K-1s can also get immediately) to work and there were no issues with the law. The DHS states it was never their intent to allow this and has now changed the wording of the I-9 employment form (2-2-09) to clarify that this stamp is ONLY valid in connection with a visa for that specific position. They extended the enforcement date of this new form until April 15. I had heard a rumor it may be extend until June, but I cannot confirm that.

An EAD can be applied for immediately. You DO NOT have to wait until you are married. BUT if you do this it is at a cost of $340. IF you wait until after marriage and then file for the EAD with the AOS there is no additional fee. Saves $340. If you will get married fairly quickly and be able to file the AOS fairly quickly, I wouldn't spend the extra money. My opinion. As it was, All got her green card first anyway. The EAD is not a "fast or faster" document than the green card to obtain, not necessarily anyway.

[pushbrk 12,898]

I've seen posts saying that K1 Visa holders have to wait until they receive their EAD, and I've seen others that say they can work right away.

The VJ timeline says "Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received."

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Is there someone who can link a definitive answer on this? I want to know if my fiance can apply for a job when he moves here right away, if he can start once we get married, or if he has to wait until after we are married and he receives his EAD.

Thanks!!!!

Not any more.

Until this month (unless it was extended again, I doubt it) some POEs, notably JFK, gave an "employment authorized" stamp to K-1 visa holders. The wording of the previously used I-9 employment form was "vague enough" to allow an K-1 with this stamp and an SSN (which K-1s can also get immediately) to work and there were no issues with the law. The DHS states it was never their intent to allow this and has now changed the wording of the I-9 employment form (2-2-09) to clarify that this stamp is ONLY valid in connection with a visa for that specific position. They extended the enforcement date of this new form until April 15. I had heard a rumor it may be extend until June, but I cannot confirm that.

An EAD can be applied for immediately. You DO NOT have to wait until you are married. BUT if you do this it is at a cost of $340. IF you wait until after marriage and then file for the EAD with the AOS there is no additional fee. Saves $340. If you will get married fairly quickly and be able to file the AOS fairly quickly, I wouldn't spend the extra money. My opinion. As it was, All got her green card first anyway. The EAD is not a "fast or faster" document than the green card to obtain, not necessarily anyway.

K1 holders technically can apply for regular EAD as soon as they enter but without an accompanying application to adjust status, any associated EAD would expire 90 days after entry. Good luck getting one valid at all, much less for more than a few days. K1 holders filing for EAD without having first married and concurrently filed an I-485 are throwing away time and money.

[Arabella 4]

Thanks for the replies everyone!

I told my fiance last night that he can't work when he first arrives. He is to stay at home, look cute, and be my house-husband!