Working while on K1 status

[Dodi 69]

In TracyTN's status msg it says to see this link from the SSA when applying for an EAD: SSA Link about EAD's. I checked it, and there's a long table listing "Aliens Work Authorized Without Specific DHS Authorization". K1's are ON that list. It specifically says they are work authorized by class, and that they won't have an EAD. This doesn't make sense. Are they, or are they not required to wait for an EAD to work??? This is confusing. I've also read that the temporary EAD's given out at JFK at their POE are no longer valid thanks to a change in the I-9 form this past February, so what does this list mean? We're just trying to make our plans and the sooner he is able to work the better. I'm a single mother with two children, and whereas I could support us on my own until he got his AOS and EAD sorted, it would be so much easier for us if he could work too. Can someone please point me to some accurate information?

[TBoneTX 45,394]

See the pinned thread atop the "Working & Traveling" forum here.

[Nik+Heather 121]

K-1's can get an EAD based on their K-1 entry. They cost $340, and are unlikely to arrive much before they expire (with K-1 status) 90 days after entry. That's why they show up as "work authorized" on SSA. I've also read that they let you get an SSN without the EAD because they didn't want people to have to wait for the EAD and then in series to that have to wait for the SSN to begin working.

So, that's why you see mixed messages here. For all practical purposes, the K-1 entrant can't work until they receive their EAD based on AOS filing or their green card. Technically there is a way to get an EAD and start working based on the K-1 entry, but it just doesn't make sense in the end.

This report obliquely references the reasons I've stated above. Note that it does corroborate my previous statement that K-1 entrants would need to APPLY FOR an EAD - it's not automatic with the visa.

http://www.ssa.gov/o...08-07-17044.pdf

Edited June 21, 2010 by Nik+Heather

[TracyTN 237]

Thanks Nik+Heather. Though I will disagree slightly on one point. K3s are also 'entitled' to apply for EAD once they arrive, but if you look in the document on my sig, they are NOT work authorized upon entry for SSAs purposes. Meaning they need either the EAD card or green card to take with them to the SSA to get their social security number. It's awkward because the SSA have their own 'work authorized' rules which can be confusing when you try to apply the same logic to immigration and actual job seeking rules.

Anyway, Dodi and I talked some on PM about it - I think she understands now (I hope!).

Edited June 21, 2010 by TracyTN

[Nik+Heather 121]

Thanks Nik+Heather. Though I will disagree slightly on one point. K3s are also 'entitled' to apply for EAD once they arrive, but if you look in the document on my sig, they are NOT work authorized upon entry for SSAs purposes. Meaning they need either the EAD card or green card to take with them to the SSA to get their social security number. It's awkward because the SSA have their own 'work authorized' rules which can be confusing when you try to apply the same logic to immigration and actual job seeking rules.

Anyway, Dodi and I talked some on PM about it - I think she understands now (I hope!).

I think you might find the link I posted an interesting read then - just in the first couple of pages of text it explains what I've said. It says that SSA could issue SSNs to K-1s without EAD in hand because of the time frame involved with the EAD (USCIS was too slow approving them and they were trying to sort of streamline the process) K-3s would be different because their entry is good for much longer than a K-1. SSA requested DHS give them some guidance on it, and that's what they came up with (apparently).

Re-reading your post, maybe you've already said that, but I can't really tell..

Edited June 21, 2010 by Nik+Heather

[Dodi 69]

Yes, Tracy, I think it's sunk in now! Still a learning process here, but I think I'm making some progress.

Edited June 21, 2010 by Dodi

[TracyTN 237]

I think you might find the link I posted an interesting read then - just in the first couple of pages of text it explains what I've said. It says that SSA could issue SSNs to K-1s without EAD in hand because of the time frame involved with the EAD (USCIS was too slow approving them and they were trying to sort of streamline the process) K-3s would be different because their entry is good for much longer than a K-1. SSA requested DHS give them some guidance on it, and that's what they came up with (apparently).

Re-reading your post, maybe you've already said that, but I can't really tell..

I think we're on the same wavelength. That link does give the 'why' as to why K1s and K3s are slightly different when it comes to the SSA.

And I'm glad to hear it, Dodi! Nothing with immi - or any govt agency for that matter - is overly straight forward so it takes some time to understand the nuances. I still learn new things every day - part of why I find immi so fascinating.

[payxibka 10,045]

moving thread to working during immigration forum