Work under K1-visa

[Usui Takumi 1,562]

There is just something paradoxal to me: you have to prove that you have financial support from your fiancé(e) and show that you won't be a "weight" for the US government but if you want to work and support yourself financially, you are not allowed to

In my opinion, the K1 was and still is a flawed visa. Now when people ask me what visa to get, I always recommend the CR1 if they can marry outside the US (which isn't always possible).

Edited January 23, 2010 by Sousuke

[NigeriaorBust 4,087]

I could have at one time had a work qualified visa and gotten a social security card. Returning later on a different visa I still have the card. Having a social security card in my hand proves nothing about my ability to work. You have to pass e verify which doesn't include K1 people

[HeatDeath 430]

You know what would really settle this debate? Is if a K-1 holder came back and said that E-Verify confirmed that they were eligible to work.

Find a K-1 holder who does NOT have an EAD who passes E-Verify. This is the new gold standard (supposedly), and it really should put the whole thing to bed.

I recall reading something about SS regulations on the cards, that says if you attempt to work with a SSC that says "Not valid for work" [not the DHS authorization restriction, this is a flat-out ban on working], their mechanisms will automatically report you to USCIS.

I would be worried about being a test case for E-Verify, because I wonder if hits to E-Verify that fail authorization automatically get sent to USCIS/ICE?

[HeatDeath 430]

There is just something paradoxal to me: you have to prove that you have financial support from your fiancé(e) and show that you won't be a "weight" for the US government but if you want to work and support yourself financially, you are not allowed to

Yeah, that was a real sticking point for my parents, when they found out about it. "Welcome to the world capital of entrepreneurship and free enterprise. You get no support from us, but don't even THINK about standing on your own two feet for at LEAST three months!"

[Octopuss 0]

So..... what would be the best for my case? Volunteering at the school until I get the work permit and not tell anyone??? Then as soon as I get the work permit, pretend I just applied for a new job at the school? I am very confused...

[SunDrop 59]

So..... what would be the best for my case? Volunteering at the school until I get the work permit and not tell anyone??? Then as soon as I get the work permit, pretend I just applied for a new job at the school? I am very confused...

Stay away from volunteering at the school, unless you want to risk serious problems with the USCIS. Is a couple of weeks volunteering REALLY worth possibly being refused a green card? And never 'pretend' to do anything.

You shouldn't be doing anything in the school until your EAD has come through. By all means, interview for it and have a promisory letter offering your employment as soon as you are legally able, but don't muddy the waters....

[mox 298]

Stay away from volunteering at the school, unless you want to risk serious problems with the USCIS. Is a couple of weeks volunteering REALLY worth possibly being refused a green card? And never 'pretend' to do anything.

You shouldn't be doing anything in the school until your EAD has come through. By all means, interview for it and have a promisory letter offering your employment as soon as you are legally able, but don't muddy the waters....

This is ABSOLUTELY untrue. There is nothing forbidding volunteering, and it doesn't endanger status adjustment at all. The thing to be aware of when volunteering is that there can be no compensation of any kind, including reduced memberships or services. Beyond that, volunteering is fine. PLEASE stop spreading this kind of silliness.

[Darnell 8,479]

You know what would really settle this debate? Is if a K-1 holder came back and said that E-Verify confirmed that they were eligible to work.

Find a K-1 holder who does NOT have an EAD who passes E-Verify. This is the new gold standard (supposedly), and it really should put the whole thing to bed.

agreed !

[StillThePrettiest 3]

I checked directly with USCIS - ie spoke to a PERSON, gasp - before starting my volunteering here in the States while waiting for my EAD... they said that volunteering is fine; the restrictions are, as mox said, that you don't accept any compensation for it at all, and that you're not doing a job that would normally be a paid position (ie you can't just 'work for free' in a job that would normally have some sort of salary or other wage)

other than that - no problem

so I volunteered for about eight months - I started at just a few hours a week, although it quickly grew into about 25 hours in an average week - and as soon as I had my EAD they offered me a part-time job; a few months after that I went full time and there has never been a problem

horse's mouth enough for you?

oh, and yes - I completely agree that it's beyond absurd to place such a restriction on K-1 holders, but there it is, and until it changes we're all stuck with it... you'd do better to abide by it and if you want to take some action write to some politicians about it

[Rebecca Jo 1,962]

I checked directly with USCIS - ie spoke to a PERSON, gasp - before starting my volunteering here in the States while waiting for my EAD... they said that volunteering is fine; the restrictions are, as mox said, that you don't accept any compensation for it at all, and that you're not doing a job that would normally be a paid position (ie you can't just 'work for free' in a job that would normally have some sort of salary or other wage)

other than that - no problem

so I volunteered for about eight months - I started at just a few hours a week, although it quickly grew into about 25 hours in an average week - and as soon as I had my EAD they offered me a part-time job; a few months after that I went full time and there has never been a problem

horse's mouth enough for you?

oh, and yes - I completely agree that it's beyond absurd to place such a restriction on K-1 holders, but there it is, and until it changes we're all stuck with it... you'd do better to abide by it and if you want to take some action write to some politicians about it

Not a horse I'd suggest betting on.

http://controller.richmond.edu/tax/employee.htm

Volunteering Rules

Under immigration law, unpaid employment is still employment if it meets any of the following 3 tests -- (1) is the individual compensated in any way for services from a US source (typically the entity at or for which services are performed); (2) but for such services, the US entity would have to hire a US worker to perform the services; (3) the primary benefit of the services inures to the US entity at or for which the services are performed.

To Explain:

1. There is a common misconception that "volunteer work" is not employment, but that is true only if the volunteer activity is charitable in a traditional way.

2. The issue that must be decided is whether the volunteer activity would be employment, whether compensated or not.

3. Foreign nationals may only volunteer for jobs that are traditionally filled by non paid volunteer workers. Volunteering for any other position is viewed as taking a position that would otherwise be filled by a US citizen or work authorized alien.

4. If the activity is really unpaid employment, it is prohibited during unauthorized periods, including the 60 day post-OPT period.

5. Training Experience: If services are provided they would be considered to primarily benefit the alien if no productive value is provided to the US entity (except incidentally) and the services constitute a bona fide training experience for him/her. If any work product is provided to the hosting entity, however, the activities are considered employment and not acceptable for any visitor.

6. Gap in Visa: If there is an unavoidable gap between the end of one visa status and the start of another visa status, the NRA must stop working. The NRA can not volunteer time until the new visa is approved or begins. In fact, the NRA shouldn't go anywhere near the department in any type of employment or research capacity until the change of status approval is received. Any activity that falls under the job description that the NRA will ultimately be paid for, once the COS is approved, should be avoided.

[mox 298]

Not a horse I'd suggest betting on.

I see nothing in your link that conflicts with what STP reported.

[Rebecca Jo 1,962]

I see nothing in your link that conflicts with what STP reported.

#5. Training experience?

[Rebecca Jo 1,962]

USCIS regulations seem to define "work" as "performing services or tasks that an American citizen could be paid for." Which is why interning isn't allowed. Their regulations are unambiguous about this. You cannot "work" without employment authorization. Those are the two rules that conflict. I discussed above why this conflict exists: it was an ugly but highly pragmatic legal "hack" to ensure that K-1 visa holders could marry in all 50 states without having to rewrite any specific state's marriage licensing laws. As a computer programmer by training I'm very familiar with the idea of making one module in a system look ugly and inconsistent, if it allows that module to interoperate with 50 others without having to rewrite any of the 50 others. That's what they did with the SS regulations. And as long as any state continues to interpret the federal requirement of a SSN for receiving a state "license" as applying to marriage licenses, that hack will continue to be required to ensure that K-1 visa holders can get a SSN, and therefore a marriage license in that state.

Have a look here:

http://www.visajourney.com/forums/index.ph...p;#entry3408687

[StillThePrettiest 3]

Not a horse I'd suggest betting on.

regardless of your suggestion, I did bet, and I won

as I said above, I didn't just begin and hope for the best... I checked with USCIS first and got the go-ahead

and everything you quoted at length, above, agrees with what I posted - volunteering is VOLUNTEERING, not interning or 'helping out' or disguised employment... of course one should check that all the boxes are checked, but saying you 'wouldn't bet on it' is unnecessary fear-mongering, in my opinion; volunteering is allowed under certain (fairly broad) circumstances; provided one checks that one's volunteering experience fits said broad circumstances, why should one not volunteer?

[Rebecca Jo 1,962]

regardless of your suggestion, I did bet, and I won

as I said above, I didn't just begin and hope for the best... I checked with USCIS first and got the go-ahead

and everything you quoted at length, above, agrees with what I posted - volunteering is VOLUNTEERING, not interning or 'helping out' or disguised employment... of course one should check that all the boxes are checked, but saying you 'wouldn't bet on it' is unnecessary fear-mongering, in my opinion; volunteering is allowed under certain (fairly broad) circumstances; provided one checks that one's volunteering experience fits said broad circumstances, why should one not volunteer?

Was your volunteer activity charitable in the traditional way?