Work Authorization after entering on K1 Visa

[C and Lore 3]

I'm very confused. So this website and my immigration book state for my fiancee to work once she enters the US she must apply for and recieve employment authorization.

We just had our interview September 6th, which was very successful. We were asked only two questions. Nearly instantly approved. After approving us, she told us my fiancee would be stamped into the country when she entered and with the stamp she will be able to work. Once my fiancee recieved the packet yesterday at the house, she read the instructions that came with the packet gave similar information.

Has something changed? Which information is correct? Has anyone POE'd for K-1 at Miami recently (last 3-5 months)? Does anyone have any recent knowledge of how the process is working.

Once again I know how its supposed to be, but its confusing since the consulate is giving conflicting information.

Thanks!

[Anh map 2,098]

Not work authorized anymore. That loophole closed.

[Inky 1,111]

bad information you cannot work after entry on a k-1 anymore. That is VERY old information.

Someone needs to make a sticky topic on this... its coming up very often.

[Gary and Alla 3,694]

Not work authorized anymore. That loophole closed.

Correct. Sort of.

Actually there never was a "loophole" unless you just want to say that. The K-1 is not and never has been work authorized. There was a clause on the I-9 form that a K-1 could fall into and therefore it was not clear that they could not work and the law could not be enforced. In February 2009 the wording on the I-9 form was changed to clarify that the person must have a specifically authorized work visa. The K-1 is not, they now enforce the law against K-1s not working

You MAY get an "employment authorized" stamp at your POE. Several of them just give the stamp to pretty much everyone (they gave one to our 13 year old K-2 son)but it means nothing in the absence of a visa permitting work.

As far as SSN goes, the K-1 is default catergorized by SS as "work authorized" so an SSN can be issued since some states used to require an SSN to get a marriage lisence and this allowed K-1s to meet their marriage obligation. The SS office does not determine who is eleigible to work and neither does the state department. USCIS does that and K-1s cannot work. If your K-1 fiancee gets an SSN it will say "not vaild for work without DHS authorization" and you don't have authorization.

After your fiancee arrives, get married and file the AOS papers with an I-765 for a work authorization and you will get the work authorization in 3-4 months.

Edited September 14, 2011 by Gary and Alla

[Helen Louise Pile 80]

bad information you cannot work after entry on a k-1 anymore. That is VERY old information.

Someone needs to make a sticky topic on this... its coming up very often.

I agree.

A lady at the social security office argued with me that I did not need work authorization on a K1, only my SSN.

Luckily I did my research and I knew better. She was adamant though.

[CarolinaSt 2]

I am from Argentina and I entered the US in may 2011. Like everyone else said in the other posts, she won't be able to work on a k1. When I entered the US, the guy at the POE didn't even know if I was allowed to work on a k1 or not. He said he thought I could...Of course I had done my research beforehand and I knew better. When I applied for my social security number, I got a card that says specifically "not vaild for work without DHS authorization". Right now I'm waiting to get my work permit so that I can finally look for a job...

[C and Lore 3]

Two questions and I think I'll be all set.

1. Say she gets one of these stamps of employment authorized at POE, would she still be in violation of law if she turned around and used that stamp and SSN to get a job. (She's previously been in US under J-1 visa 2X so already has an issued SSN) We dont want her violating law, but at the same time, seriously need to get some cash flowing again.

I guess the second part wasn't really a question more of a statement, I'm not surprised this is coming up so often. We did our research. In addition to using this site frequently (as some of the regulars have seen) to ask questions, learn from others mistakes, and post experiences of our own, I additionally picked up two immigration books, one about general immigration one about immigration based on marriage and/or pending marriage (fiancee visa). Both agree with this site. It is super confusing when you've got the people who decide to or not to let your loved one into the country giving old or conflicting information.

[Inky 1,111]

It is not legal to work unless you have the EAD card or green card.

[I AM NOT THAT GUY 5,715]

It is not legal to work unless you have the EAD card or green card.

Legal, or not, you won't have the necessary documentation to satisfy the I-9 requirements.

[Krikit 1,164]

Moving from K-1 Progress to the Work Forum.

[♥Yllen 3]

I'm very confused. So this website and my immigration book state for my fiancee to work once she enters the US she must apply for and recieve employment authorization.

We just had our interview September 6th, which was very successful. We were asked only two questions. Nearly instantly approved. After approving us, she told us my fiancee would be stamped into the country when she entered and with the stamp she will be able to work. Once my fiancee recieved the packet yesterday at the house, she read the instructions that came with the packet gave similar information.

Has something changed? Which information is correct? Has anyone POE'd for K-1 at Miami recently (last 3-5 months)? Does anyone have any recent knowledge of how the process is working.

Once again I know how its supposed to be, but its confusing since the consulate is giving conflicting information.

Thanks!

I too had my interview on September 6th and was told the same thing after my approval.

The information in my "visa packet" states the same thing.

How can the US Embassy in Argentina be giving away wrong information until now?

This must be corrected ASAP.

Maybe we should contact them so they update themselves...

[CarolinaSt 2]

I too had my interview on September 6th and was told the same thing after my approval.

The information in my "visa packet" states the same thing.

How can the US Embassy in Argentina be giving away wrong information until now?

This must be corrected ASAP.

Maybe we should contact them so they update themselves...

I agree...the embassy should be notified about this. When I had my interview nobody told me I could work on a K1...but apparently they are doing so now and the information is incorrect...

[dragonlover 6]

Yeah i agree with everyone..under K1 visa, you need to have EAD/GC..I found some documents too here in VJ archive that K1 visa is authorized to work with out the need for the EAD. But i guess i was reading the old documents. So i didnt risk anything, even if i got a job offer. So might as well wait for your EAD, cos you dont want to get your ####### deported back to your home country.