Having set up an interview when I arrive in the US

[Eddyy 5]

Hello guys,

I managed to get an interview once I sort out my K-1 visa and arrive in the US. I'm really happy for this but I have one concern. I know that after I arrive on my K-1 visa I need to do an AOS and get my GC. My question is: In case the employer wants to hire me can they help me speed up the process of getting the GC or will I still have to wait for 3 months? My concern is that even if the employer wants to hire me I don't know if they are willing to wait for me to get a gc but if they could help me speed up the process that would be great...

Any opinions on this?

Thanks a lot,

Cheers,

Eddyy

[Harpa Timsah 13,258]

Your employer cannot help you get the GC faster. You can try for an expedite on your own and say that you have a firm job offer in hand, but besides that, there is nothing you can do. Good luck.

[Eddyy 5]

Hmmm that sucks:) Thanks anyways:)

Cheers,

[YuAndDan 153]

Nope, nothing an employer can do.

K-1 is not a work visa, it is for situations than make it difficult or impossible for a US citizen to marry overseas, that would not be a restriction on getting married in the USA.

If work is a major priority upon arrival the better visa type is a CR-1 spouse visa, this visa has an instant green-card, get LPR status upon arival, and get an I-551 stamp in passport allowing work.

[Eddyy 5]

If work is a major priority upon arrival the better visa type is a CR-1 spouse visa, this visa has an instant green-card, get LPR status upon arival, and get an I-551 stamp in passport allowing work.

I already am in the process of getting a K-1 visa. Can you ask on any US aiport to obtain an I-551 stamp allowing work or just on JFK?

[Anh map 2,098]

I already am in the process of getting a K-1 visa. Can you ask on any US aiport to obtain an I-551 stamp allowing work or just on JFK?

That stamp is not an I-551 stamp. I-551 is the green card. The work authorization stamp on the I-94 is no longer sufficient for employment. Once you marry you can apply for the EAD along with the adjustment of status.

[YuAndDan 153]

I already am in the process of getting a K-1 visa. Can you ask on any US aiport to obtain an I-551 stamp allowing work or just on JFK?

I-551 = Green-card, people entering the USA on an Immigrant visa have this status automatically it is noted on their Visa.

K-Visas are NON-Immigrant, the only way they get I-551 is to adjust status, and once having Green-Card they obtain this, the Green-Card has notation stating "I-551" on it.

Again a K-1 is NOT a work visa, it is a Fiancee visa.

[nylonmac 10]

Which sucks really. As someone used to working it makes things a bit of a limbo... I guess I will be using this time to go running, work out and help out with the computer system at my fiancée's grandma's church whilst I have to wait.

I think the amount of money it costs and the length of time it takes, there should be employment authorization from date of entry until the wedding date at the earliest.

Unfortunately for the proactive amongst us, getting interviews or jobs/trials lined up, the employers are companies which wouldn't be able to sponsor someone into the country so an employment based visa would be unattainable.

[nylonmac 10]

OK, So I just looked at the link on TracyTN's signature about helping to get your Social Security number, and reading it seems to have opened up some ambiguity (or given us the answer we were hoping for.)

I am looking on this form - https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420 Most importantly, section C, subsection 1. It notes the following:

The following sections list non-immigrants, 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.

In table (a), it explicitly notes k-1 - fiancé(e) of a US Citizen.

Subsection 2 then explicitly lists people who MUST have an EAD, and it's table doesn't list K-1.

What conclusion would you draw from this?

Also - this document is fairly new and says that it is in effect now.

Edited May 10, 2011 by nylonmac

[nylonmac 10]

Sorry for the multiple replies, but I think they are better than a multiply edited reply.

I spoke with my fiancée's aunt, who works for SSA and she says that looks to be true information in their document. I've also emailed my prospective employer with this as this was a question they asked earlier on and I wasn't really sure of an answer. They're a reputable smaller company looking to put me into a well paying role (better paying than in the UK), they seem to really like me too and have been patiently waiting for me since October when I first spoke to them. Hopefully they will be ok with this. I met the rest of the founding partners this morning and they seemed to really like me...

[milimelo 4,505]

Sorry for the multiple replies, but I think they are better than a multiply edited reply.

I spoke with my fiancée's aunt, who works for SSA and she says that looks to be true information in their document. I've also emailed my prospective employer with this as this was a question they asked earlier on and I wasn't really sure of an answer. They're a reputable smaller company looking to put me into a well paying role (better paying than in the UK), they seem to really like me too and have been patiently waiting for me since October when I first spoke to them. Hopefully they will be ok with this. I met the rest of the founding partners this morning and they seemed to really like me...

Still need an EAD or GC to begin work. And NO, SSA doesn't have an authority to say who is allowed to work - DHS/USCIS does.

[Anh map 2,098]

Still need an EAD or GC to begin work. And NO, SSA doesn't have an authority to say who is allowed to work - DHS/USCIS does.

Take a look at the I-9 Employment Eligibility Verification form ( I-9 FORM ) to see the list of acceptable documents establishing employment authorization. K1's do not qualify. The "loophole" that existed has been closed.