K-1 Visa Holder - Ability to Work

[tony1343 0]

Hi,

So I am confused on whether a K-1 Visa Holder can legally work in the United States. There appears to be conflicting information on government websites.

The VisaJourney K-1 Visa Process Flow Chart indicates that a K-1 visa holder needs an EAD to work. A website at the USCIS (http://travel.state.gov/visa/immigrants/types/types_2994.html#Work) seems to also say this - that is the K-1 needs to fill out an I-765 to get an EAD.

Yet, this site also states a K-1 holder can get a SSN. According to the Social Security Office (http://www.ssa.gov/pubs/10096.html), you have to show work authorization to be able to get a social security number. Then https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 indicates that K-1 visa holders can work without any special authorization from DHS.

I'm confused. Anyone know the answer?

[tony1343 0]

Another search tells me that you do need the EAD, because the social security card issued will state: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION."

So perhaps the social security office's website is incorrect.

[Inky 1,110]

You need EAD, final answer. K-1 cannot legally work without EAD or green card.

SSN can be issued to a K-1 visa holder without EAD or green card but has black print " VALID FOR WORK ONLY WITH DHS AUTHORIZATION ".

Once you get your EAD you can work with SSN. Once you get your green card you must go in to SSN office and get your SSN changed.

[Gary and Alla 3,694]

Hi,

So I am confused on whether a K-1 Visa Holder can legally work in the United States. There appears to be conflicting information on government websites.

The VisaJourney K-1 Visa Process Flow Chart indicates that a K-1 visa holder needs an EAD to work. A website at the USCIS (http://travel.state.gov/visa/immigrants/types/types_2994.html#Work) seems to also say this - that is the K-1 needs to fill out an I-765 to get an EAD.

Yet, this site also states a K-1 holder can get a SSN. According to the Social Security Office (http://www.ssa.gov/pubs/10096.html), you have to show work authorization to be able to get a social security number. Then https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 indicates that K-1 visa holders can work without any special authorization from DHS.

I'm confused. Anyone know the answer?

Cannot work without an EAD or green card. They CAN file for an EAD right away when they arrive, but it takes about 60-90 days to receive, will cost you $340 and expires when the I-94 expires in 90 days. Best to wait until you are married, file for AOS and add the I-765 application for free.

Social Security does not determine who works in this country, DHS does. The reason SS security classifies a K-1 that way is so they can get a SSN. Why? Because until last year some states required a SSN for a marriage license and this was the only way SS could default their system to issue a K1 a number. You will note that K-3s, K-2s and K-4s cannot get a number without an EAD or green card. This is because they do not have to get married to meet their visa obligations.

The Supreme Court rules last year that staes cannot require a person to have a SSN to get a marriage lisence, so even that reason is gone and someday SS will catch up and stop issuing SSNs to K-1s.

Until earlier this year there was garbled language on the I-9 form that could be interpreted to allow a K1 to work, but that was clarified with a new I-9 form in February. K-1 is not a work visa. If your fiancee is given the @employment authorized" stamp at the POE it is worthless. They gave it to our 13 year old K2 son, also.

[Usui Takumi 1,562]

The Supreme Court rules last year that staes cannot require a person to have a SSN to get a marriage lisence, so even that reason is gone and someday SS will catch up and stop issuing SSNs to K-1s.

That's new to me, what was the reason for their decision? Was it directly related to those of us who were involved with the K1?

[rebeccajo 14]

Hi,

So I am confused on whether a K-1 Visa Holder can legally work in the United States. There appears to be conflicting information on government websites.

The VisaJourney K-1 Visa Process Flow Chart indicates that a K-1 visa holder needs an EAD to work. A website at the USCIS (http://travel.state.gov/visa/immigrants/types/types_2994.html#Work) seems to also say this - that is the K-1 needs to fill out an I-765 to get an EAD.

Yet, this site also states a K-1 holder can get a SSN. According to the Social Security Office (http://www.ssa.gov/pubs/10096.html), you have to show work authorization to be able to get a social security number. Then https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 indicates that K-1 visa holders can work without any special authorization from DHS.

I'm confused. Anyone know the answer?

Cannot work without an EAD or green card. They CAN file for an EAD right away when they arrive, but it takes about 60-90 days to receive, will cost you $340 and expires when the I-94 expires in 90 days. Best to wait until you are married, file for AOS and add the I-765 application for free.

Social Security does not determine who works in this country, DHS does. The reason SS security classifies a K-1 that way is so they can get a SSN. Why? Because until last year some states required a SSN for a marriage license and this was the only way SS could default their system to issue a K1 a number. You will note that K-3s, K-2s and K-4s cannot get a number without an EAD or green card. This is because they do not have to get married to meet their visa obligations.

The Supreme Court rules last year that staes cannot require a person to have a SSN to get a marriage lisence, so even that reason is gone and someday SS will catch up and stop issuing SSNs to K-1s.

Until earlier this year there was garbled language on the I-9 form that could be interpreted to allow a K1 to work, but that was clarified with a new I-9 form in February. K-1 is not a work visa. If your fiancee is given the @employment authorized" stamp at the POE it is worthless. They gave it to our 13 year old K2 son, also.

Gary -

You are mostly correct in what you have posted except for the bit I've highlighted above.

The member I Quit (who is an authority on this board on all things related to Social Security) followed another of your recent posts giving you the correct information. I'd like to see you go back through his posts and find what he wrote to you. It will help you give the right answers.

[Gary and Alla 3,694]

Another search tells me that you do need the EAD, because the social security card issued will state: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION."

So perhaps the social security office's website is incorrect.

The SS site is not "incorrect" it is a default classification. It is a means to an end and does no harm (except to confuse people who think SS has some say in the matter) A SSN is NOT a work permit, not even for a citizen. If you review the I-9 form, you will see a SS card is not valid for work even for a citizen without some other qualifying document (passport or birth certificate)

[Darnell 8,478]

IIRC, it's the wording in the I-9 that matters.

AND

The I-9 was updated recently. Get some advice on the wording in the I-9, see how it applies to yer situation.

[Susita 175]

Hi,

So I am confused on whether a K-1 Visa Holder can legally work in the United States. There appears to be conflicting information on government websites.

The VisaJourney K-1 Visa Process Flow Chart indicates that a K-1 visa holder needs an EAD to work. A website at the USCIS (http://travel.state.gov/visa/immigrants/types/types_2994.html#Work) seems to also say this - that is the K-1 needs to fill out an I-765 to get an EAD.

Yet, this site also states a K-1 holder can get a SSN. According to the Social Security Office (http://www.ssa.gov/pubs/10096.html), you have to show work authorization to be able to get a social security number. Then https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 indicates that K-1 visa holders can work without any special authorization from DHS.

I'm confused. Anyone know the answer?

Well I've skimmed through the posts Tony but here's my info for you:

It's possible that you can get an EAD stamp in the passport (which will allow the visa holder to work) upon arrival to the US. As of right now, the only airport that I am aware of that gives this out is JFK in New York... I may be wrong about this.

If this is not your port of entry, when you file for AOS you will jointly file a I-765 at no charge. When you receive approval on this I-765 that will be your approval to work. The social security card will read "valid only with DHS authorization" ... that is what my husband's said.

Otherwise, the only way I know now is through JFK airport.

Hope I could help out

[Usui Takumi 1,562]

That stamp is no longer recognized per the new I-9 instructions.

[Gary and Alla 3,694]

Hi,

So I am confused on whether a K-1 Visa Holder can legally work in the United States. There appears to be conflicting information on government websites.

The VisaJourney K-1 Visa Process Flow Chart indicates that a K-1 visa holder needs an EAD to work. A website at the USCIS (http://travel.state.gov/visa/immigrants/types/types_2994.html#Work) seems to also say this - that is the K-1 needs to fill out an I-765 to get an EAD.

Yet, this site also states a K-1 holder can get a SSN. According to the Social Security Office (http://www.ssa.gov/pubs/10096.html), you have to show work authorization to be able to get a social security number. Then https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 indicates that K-1 visa holders can work without any special authorization from DHS.

I'm confused. Anyone know the answer?

Well I've skimmed through the posts Tony but here's my info for you:

It's possible that you can get an EAD stamp in the passport (which will allow the visa holder to work) upon arrival to the US. As of right now, the only airport that I am aware of that gives this out is JFK in New York... I may be wrong about this.

If this is not your port of entry, when you file for AOS you will jointly file a I-765 at no charge. When you receive approval on this I-765 that will be your approval to work. The social security card will read "valid only with DHS authorization" ... that is what my husband's said.

Otherwise, the only way I know now is through JFK airport.

Hope I could help out

This has been incorrect since February, enforcement began in April

[Susita 175]

That stamp is no longer recognized per the new I-9 instructions.

Ok. Well I guess that leaves waiting for the EAD application to be approved. Sorry Tony

[TchauEUA 0]

You need EAD, final answer. K-1 cannot legally work without EAD or green card.

SSN can be issued to a K-1 visa holder without EAD or green card but has black print " VALID FOR WORK ONLY WITH DHS AUTHORIZATION ".

Once you get your EAD you can work with SSN. Once you get your green card you must go in to SSN office and get your SSN changed.

Is this something new for 2009? Because I know back in 2008 when we came to the US through JFK we got a 3 month EAD stamp on the I94. Employment authorized for three full months. We did get the SSN and yes, the card does have that awful "valid for work only with dhs authorization" thing on it but the EAD stamp in passport is DHS authorization. Are they no longer giving the EAD stamp at POE?

[Nik+Heather 121]

SSN is also useful for people on their K1s who get married and want to get on their spouse's medical insurance, open bank accounts, etc. It's used for a lot of settling-in and starting-a-new-life sorts of things completely unrelated to working.

[rsn 135]

You need EAD, final answer. K-1 cannot legally work without EAD or green card.

SSN can be issued to a K-1 visa holder without EAD or green card but has black print " VALID FOR WORK ONLY WITH DHS AUTHORIZATION ".

Once you get your EAD you can work with SSN. Once you get your green card you must go in to SSN office and get your SSN changed.

Is this something new for 2009? Because I know back in 2008 when we came to the US through JFK we got a 3 month EAD stamp on the I94. Employment authorized for three full months. We did get the SSN and yes, the card does have that awful "valid for work only with dhs authorization" thing on it but the EAD stamp in passport is DHS authorization. Are they no longer giving the EAD stamp at POE?

they are still giving the stamp but it no longer allows K1s to legally work