Working on a K1 without EAD

[Lindsey8181 1]

Good evening,

So, after reading several threads, I'm just wondering what happens if a K-1 accidentally works without an EAD card, then files for AOS? I see there is conflicting info from Social Security Admin and USCIS, but ultimately USCIS has authority. Should the unauthorized employment be reported in the relevant forms in the AOS packet? Or no mention, even though the K-1 has been having taxes withheld? Will there be deportation, detention, etc? Can anyone speak from experience? Thanks!!

[Rebecca Jo 1,962]

Accidentally?

Never lie to USCIS. Especially in writing.

[Lindsey8181 1]

Accidentally?

Never lie to USCIS. Especially in writing.

Accidentally - meaning SSA told him he could work and the employer accepted the SSC and I-94, and not knowing that this conflicts with USCIS until starting to fill out AOS paperwork.

Not planning to lie, just seeking how to best handle the situation.

[Rebecca Jo 1,962]

Accidentally - meaning SSA told him he could work and the employer accepted the SSC and I-94, and not knowing that this conflicts with USCIS until starting to fill out AOS paperwork.

Not planning to lie, just seeking how to best handle the situation.

Just tell them what you told us.

Might be a good idea if he stopped working after he found out about the "accident".

[Lindsey8181 1]

Just tell them what you told us.

Might be a good idea if he stopped working after he found out about the "accident".

Thank you, Mr. Quest!

[Moonandstar 6]

Shouldn't be any problems, that kinda stuff is waived regularly when applying for AOS.

Just don't get caught in the mean time- and yes, quitting now would be a good idea.

[Gary and Alla 3,694]

Good evening,

So, after reading several threads, I'm just wondering what happens if a K-1 accidentally works without an EAD card, then files for AOS? I see there is conflicting info from Social Security Admin and USCIS, but ultimately USCIS has authority. Should the unauthorized employment be reported in the relevant forms in the AOS packet? Or no mention, even though the K-1 has been having taxes withheld? Will there be deportation, detention, etc? Can anyone speak from experience? Thanks!!

There is no conflict. K-1s cannot work. The SS adminstration does not make the determination and their status with SS is a default position in order to get K-1s an SSN which was required by some states previously (not any more)

A person working without authorization can be subject to denial of AOS and being asked to leave the country. If working was a concern you should have chosen the CR-1 route and she would have had work authorization upon arrival. You made a choice, live with it.

Shouldn't be any problems, that kinda stuff is waived regularly when applying for AOS.

Just don't get caught in the mean time- and yes, quitting now would be a good idea.

Such things USED to be waived before USCIS cleared up the confusion on the I-9 last year. There is no indication such things are STILL waived.

The OP should be aware of the chances they are taking.

Accidentally - meaning SSA told him he could work and the employer accepted the SSC and I-94, and not knowing that this conflicts with USCIS until starting to fill out AOS paperwork.

Not planning to lie, just seeking how to best handle the situation.

Asking people that are not informed and not authorized to make such decisions is not an affirmative defense.

[Lindsey8181 1]

There is no conflict. K-1s cannot work. The SS adminstration does not make the determination and their status with SS is a default position in order to get K-1s an SSN which was required by some states previously (not any more)

A person working without authorization can be subject to denial of AOS and being asked to leave the country. If working was a concern you should have chosen the CR-1 route and she would have had work authorization upon arrival. You made a choice, live with it.

-- Working wasn't a concern, it was just lack of clarity. It's not like we had intent to rob the government in some crazy scheme or anything. He's paying taxes on what little he's making. (He's a server who's worked less than 100 hours in the past 2 months and less than $1000.)

We did make a poorly informed choice and I'm seeking guidance on how to proceed or looking for answers from people who went through a similar experience, since this has obviously happened before. Thanks all for your input.