Work under K1-visa

[canadian_wife 1,829]

They have a copy in pdf format of notice that you are eligible for a social security number to work with a K-1 visa here:

http://www.visajourney.com/forums/index.ph...page=otherforms

Just because you are eligible for a social security number does not mean you are eligible to work. Likely the SSN card will have "Not Authorized for Work Without DSH Authorization". This DHS Authorization is your EAD

[OBX 51]

What is OP ???

Yes I think we will keep the wedding party on May 8 but make the marriage legal as soon as I arrive in the US to get the AOS sooner. In the meantime, I can still start working at that place as a volunteer.... but of course it would be better to get $$$, especially with all those fees

Sorry I misunderstood. Hope things work out for you.

[Lorenzoid 12]

Is this notice no longer in effect?

http://www.kamya.com/ssn/em00154.pdf

The notice states that a person admitted on a K-1 is authorized to work for the duration of the I-94 and can receive a work-authorized SSN, even before receiving an EAD.

Someone pointed this out in a post above (and it's been discussed many times before on VJ, as a search will reveal), but nobody has responded except to call it false and accuse others of spreading incorrect information.

So which is the correct answer?

[Nik+Heather 121]

The question and the reasoning is discussed in detail in the PINNED thread in the working forum.

http://www.visajourney.com/forums/index.php?showtopic=180237

[Lorenzoid 12]

from the SSA's web site: https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

. . .

K1 Fiancé(e) of U.S. citizen

. . .

[payxibka 10,047]

Is this notice no longer in effect?

http://www.kamya.com/ssn/em00154.pdf

The notice states that a person admitted on a K-1 is authorized to work for the duration of the I-94 and can receive a work-authorized SSN, even before receiving an EAD.

Someone pointed this out in a post above (and it's been discussed many times before on VJ, as a search will reveal), but nobody has responded except to call it false and accuse others of spreading incorrect information.

So which is the correct answer?

JFK POE was the only POE that would regularly issue a "temp" EAD stamp on the I-94. However, this "temp" stamp is not recognized by the recently updated I-9 form as a valid authorization.

Once a K-1 arrives they are eligible to file the I-765 (Application for employment authorization) using eligibility category A[6]. This will result in an EAD card that will expire the same day the I-94 does and fulfills the I-9 requirements.

Once the K-1 marries and files for adjustment of status (I-485), the applicant can file an I-765 under eligibility category C[9]

Edited January 22, 2010 by payxibka

[Lorenzoid 12]

JFK POE was the only POE that would regularly issue a "temp" EAD stamp on the I-94. However, this "temp" stamp is not recognized by the recently updated I-9 form as a valid authorization.

Once a K-1 arrives they are eligible to file the I-765 (Application for employment authorization) using eligibility category A[6]. This will result in an EAD card that will expire the same day the I-94 does and fulfills the I-9 requirements.

Once the K-1 marries and files for adjustment of status (I-485), the applicant can file an I-765 under eligibility category C[9]

Yes, but the instructions I quoted (see above) are directed to Social Security Administration personnel and have nothing to do with anything stamped at the POE. As far as I can detemine, the SSA is authorized to issue a person admitted on a K-1 a Social Security card that is valid for work, even without the person having an EAD.

[Darnell 8,479]

from the SSA's web site: https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

. . .

K1 Fiancé(e) of U.S. citizen

. . .

That's kinda cool. I'm actually encouraged by this. I've no horse in this race (my lass is IR-1 ) but I thought, seriously, that the CHANGED WORDING in the I-9 form trumped everything.

If the above site is accurate info - then I think is time for a new debate, ya?

[payxibka 10,047]

Yes, but the instructions I quoted (see above) are directed to Social Security Administration personnel and have nothing to do with anything stamped at the POE. As far as I can detemine, the SSA is authorized to issue a person admitted on a K-1 a Social Security card that is valid for work, even without the person having an EAD.

Yes, but it will be marked "Not valid for work without USCIS authorization", or something to that effect... So you can be issued a SSN but, it in itself is NOT work authorization and you can work if you also have the needed proof of work authorization from the USCIS.

The SSA could issue a SS card that says "NOT VALID FOR WORK", NOT VALID FOR WORK WITHOUT USCIS AUTHORIZATION, or one without any markings. Only the first one would be considered not valid for work. Period. The other two are "valid" for work but the middle one has a "restriction" attached. It is simply the SSN that is qualified to work with the restriction that the K-1 gets.

Edited January 22, 2010 by payxibka

[SunDrop 59]

Yes, but it will be marked "Not valid for work without USCIS authorization", or something to that effect... So you can be issued a SSN but, it in itself is NOT work authorization and you can work if you also have the needed proof of work authorization from the USCIS.

The SSA could issue a SS card that says "NOT VALID FOR WORK", NOT VALID FOR WORK WITHOUT USCIS AUTHORIZATION, or one without any markings. Only the first one would be considered not valid for work. Period. The other two are "valid" for work but the middle one has a "restriction" attached. It is simply the SSN that is qualified to work with the restriction that the K-1 gets.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 is very clear in its description of nonimmigrant aliens work authorised without DHS authorization and list K1 as one of those categories.

I don't understand where we are getting the 'gotta have an EAD' from?

I appreciate that the work authorisation is only going to be valid for the same period of time that the I-94 is valid for, but for anyone who is entering on a K1 and getting a legal wedding very quickly so they can AOS and apply for an EAD to bridge between the expiration of their I-94 and the arrival of their GC, this could be a moot point.

*5 minutes later* I think I've got it. Is it because the USCIS specifically prohibits K1s without EADs from working but the umbrella DHS doesn't?

I'd be curious to know if you argued with the SSA by arming yourself with their online manual and succeeded in getting an unstamped SSN card, could you then work or would you be considered as breaking immigration regulations by the USCIS if you did before your EAD arrived?

Edited January 22, 2010 by SunDrop

[SunDrop 59]

BUT, they gave a her letter that day stating that said she could work in the meantime.

Would it be possible to see a scan of the letter, with personal details blacked out?

I'd be worried that the DHS regulations and the USCIS would conflict, causing you problems because the USCIS doesn't believe you are allowed to work without an EAD and so you are breaching the rules of your K1...

I can see a situation where someone starts working, files their AOS and includes an I-864 that takes the immigrant's earnings into consideration because it will continue after AOS, and submits supporting wageslips etc. The assessing IO then sees that you are working without having received your EAD and you're then denied.

It would boil down to who trumps who and where immigration is concerned, it's the USCIS's opinion that matters the most, as they are the agency you are dependent on satisfying... risk worth taking? not without inarguable precedence...

Edited January 22, 2010 by SunDrop

[Stefanie 1]

This is what I did back in 2005:

March 2005: My POE was JFK where I got the temporary EAD stamp.

March - April 2005: I started looking for work.

April 2005: Applied for SSN, wedding, started part-time job, submitted AOS and EAD

June 2005: temp EAD stamp expired, took two weeks off of work

July 2005: EAD approved --> went back to work

I don't know if they still give out the temporary EAD stamps at JFK but using this stamp I only had to take off two weeks off of work while waiting for my EAD card approval. Maybe that's an option for you.

- Stefanie

[payxibka 10,047]

This is what I did back in 2005:

March 2005: My POE was JFK where I got the temporary EAD stamp.

March - April 2005: I started looking for work.

April 2005: Applied for SSN, wedding, started part-time job, submitted AOS and EAD

June 2005: temp EAD stamp expired, took two weeks off of work

July 2005: EAD approved --> went back to work

I don't know if they still give out the temporary EAD stamps at JFK but using this stamp I only had to take off two weeks off of work while waiting for my EAD card approval. Maybe that's an option for you.

- Stefanie

2005 was before the changes to the I-9

[HeatDeath 430]

Quoting a previous post of mine:

Some background:

K1 visa holders, unusually for nonimmigrants, are listed in Social Security guidelines as "aliens allowed to work" for Social Security purposes. This is because K1 visa holders are allowed and encouraged to apply for social security cards very shortly after they arrive [You should apply approximately 2 weeks after you arrive, and no later than 2 weeks before your I-94 expires]. The reason for this has to do with some poorly worded federal legislation that requires anyone applying for a state "license" to have a social security number. The intent of this legislation was to make social security numbers necessary for getting a driver's license. But different states have interpreted this in different ways. Some interpreted it to mean that a social security number was necessary to get a marriage license, as well.

Because some states require a social security number to get a marriage license, the K-1 visa, when it was designed, had to include the capacity to get a social security number, otherwise it would be useless for people living in those states.

[Note: "for social security purposes" is the ONLY circumstance under which K-1 visa holders can even pretend to be allowed to work. In the real world, outside the social security office, you cannot work without an EAD card in your hand, no matter what you put on your social security card application.]

[Stefanie 1]

2005 was before the changes to the I-9

I was just reading the I-9 but can you please clarify what exactly changed? Maybe I didn't read it thoroughly enough.

EDIT: And why not work on a volunteer basis? As long as you don't sign a contract and just show up to volunteer, there is nothing wrong with it.

Edited January 22, 2010 by Stefanie