beating the K1 work authorization question to death...

[VanessaTony 3,567]

A K1 can apply for an EAD as soon as they step off the plane. They'll have to pay the filing fee, and the EAD will expire the day their I-94 expires - 90 days later. They alien wouldn't be able to work again until they get another EAD based on a pending green card application, or they get a green card. It's kind of pointless.

So, your lawyer was partially right. A K1 is eligible to apply for work authorization, but they aren't authorized to work until they get an EAD. There's no point in applying for an EAD until they also apply for AOS. An EAD issued based on a pending green card application would be valid until a decision is made on the green card application. If the green card is approved then the alien can continue working uninterrupted.

Working without authorization is illegal. It's forgiven for someone who is adjusting status based on being an immediate relative of a US citizen, but not for someone adjusting status based on an I-129F petition. If a K1 goes to an AOS interview and they find out the K1 was working illegally then they'll deny the AOS, and you'll have to start over with a concurrent I-130 and I-485 filing.

FWIW, I'd fire any attorney who suggested I do something illegal.

It's forgiven for K1 adjusters as well.. just FYI. There's many many cases of this. They're the spouse of a USC and afforded the same waiver.

[ecce 20]

It's forgiven for K1 adjusters as well.. just FYI. There's many many cases of this. They're the spouse of a USC and afforded the same waiver.

Could you explain a bit more? I know that people probably do it, but it's not legal right? Conflicts with all other answers above...

[Deputy Purple 1,294]

Could you explain a bit more? I know that people probably do it, but it's not legal right? Conflicts with all other answers above...

I have a question for you:

You know that he will not be authorized to work for 90 or more days after he enters the US.

You know that even if he uses his previously issued SSN and Driver's License to get a job that doesn't E-Verify it will be illegal.

I'm sure you understand that if anything goes wrong with his AOS and he also has worked illegally it will simply compound the problems.

So why would you knowingly do something that has no real upside but can cause problems? Is a few months work of income really worth it if things go wrong?

As part of the process you be already plan for the immigrant spouse to not work for several months.

Anna was authorized to work the day she landed in the US (CR-1) and has her SSN within 3 weeks but she didn't work for a year and a half because we had a lot of other things to do.

[ecce 20]

I have a question for you:

You know that he will not be authorized to work for 90 or more days after he enters the US.

You know that even if he uses his previously issued SSN and Driver's License to get a job that doesn't E-Verify it will be illegal.

I'm sure you understand that if anything goes wrong with his AOS and he also has worked illegally it will simply compound the problems.

So why would you knowingly do something that has no real upside but can cause problems? Is a few months work of income really worth it if things go wrong?

As part of the process you be already plan for the immigrant spouse to not work for several months.

Anna was authorized to work the day she landed in the US (CR-1) and has her SSN within 3 weeks but she didn't work for a year and a half because we had a lot of other things to do.

Well, as I explained, I am just trying to understand the discrepancy - not to doubt what people are saying here. My goal here is to be able to convince my fiance, who, understandably, very much wants to work, that it's illegal after our lawyer is telling us it is legal.

Because I am getting this conflicting info, I don't know any of the things above. I have heard that these things are the case, but we have also heard something different. Just trying to get to the source here so I can explain it to someone else. That's all.

We won't do anything illegal.

Edited July 19, 2011 by ecce

[Harpa Timsah 13,258]

I quoted the 8CFR for you, which is the Code of Federal Regulations. That is the LAW. It's not hearsay.

[ecce 20]

Fine. Case closed. I was just curious about what Vanessa and Tony said, but it doesn't matter. We'll wait.

[JimVaPhuong 4,863]

It's forgiven for K1 adjusters as well.. just FYI. There's many many cases of this. They're the spouse of a USC and afforded the same waiver.

Sorry, I stand corrected. I thought I remembered the exception in INA 245(c ) only applying to someone adjusting on the basis of being an immediate relative of a US citizen. On looking again at the law I see it also applies to K visa applicants.

I guess that will teach me to review this stuff occasionally.

[bigdog 376]

Ok, I KNOW this topic has been discussed at length on this forum and I have read many of these posts and understand that the general consensus is we must get married and apply for AOS and the EAD right after we are married in order for him to authorized to work.

So, how come our immigration lawyer is assuring us that he can work immediately?? Lawyer says that a work permit is incident to the status of a K1 visa. My understanding is that we still need the EAD that takes a couple/few months, but he insists my fiance can still work in the meantime while we are applying for the EAD because it's understood that the time period will be very short until he gets the form - or something like that.

We obviously want to do the right thing here. If our lawyer is mistaken, can anyone point me to any concrete references for the rules surrounding K1 employment? Like a USCIS page? There was an old VJ link to a USCIS page that apparently stated the rule but the link is from 2006 and no longer works. Anyone have anything else??

Thanks!

[bigdog 376]

Technically you can work but not without a SSS card on your K1 for 90 days, your Drivers License etc all expire when your K! expires in 90 days, It will be extended after you receive your acknowledgement letter. . After you get your EAD you can have the removal of the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". Apply for a AP at the same time and it will come on the same card until you get a GC. It will most likely take you one month to get registered for your AOS and up to 3 months for your EAD, ours came in a month. Apply for EAD and AP at same time, no extra cost. We used an attorney for K1 waste of time and money, did AOS ourselves. Use I765 for work authorization. SSS will give you a card, go about two weeks after arrival. It will come stamped with "Valid etc.

[KayDeeCee 4,893]

After you get your EAD you can have the removal of the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".

You cannot have the notation removed with just the EAD. You must already have your green card in order to have the restriction statement removed from your SS card.

[Harpa Timsah 13,258]

Technically you can work but not without a SSS card on your K1 for 90 days, your Drivers License etc all expire when your K! expires in 90 days, It will be extended after you receive your acknowledgement letter. . After you get your EAD you can have the removal of the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". Apply for a AP at the same time and it will come on the same card until you get a GC. It will most likely take you one month to get registered for your AOS and up to 3 months for your EAD, ours came in a month. Apply for EAD and AP at same time, no extra cost. We used an attorney for K1 waste of time and money, did AOS ourselves. Use I765 for work authorization. SSS will give you a card, go about two weeks after arrival. It will come stamped with "Valid etc.

This is incorrect, on multiple fronts.

Ecce, if you are getting married in 2 days, why don't you send off your package ASAP, and your fiance can start looking for a job. If he finds one in a month, he can request an expedite on the EAD (has worked for some with a firm job offer in hand).

[newlyweds2010 208]

Before you start working, you need to fill out form I-9 showing proof of authorization to work and give it to your employer. There is a list of documents that can be accepted as such, and the K1 visa by itself is not included.

[Afrikan Queen 11]

You cannot have the notation removed with just the EAD. You must already have your green card in order to have the restriction statement removed from your SS card.

I was wondering about that. Thanks for the clarification.

[VanessaTony 3,567]

Could you explain a bit more? I know that people probably do it, but it's not legal right? Conflicts with all other answers above...

K1's aren't eligible to work without an EAD or GC. I was reply to Jim's statement which he's since clarified. No conflict. No EAD, no GC = no work.

[KayDeeCee 4,893]

I was wondering about that. Thanks for the clarification.

You are welcome!

Oh, your local office is Jacksonville too.