Part time job

[Dan & Jenni 457]

I do wonder though, and I will probably regret this, why they say that applying for EAD will only last for the duration of the I-94. I got mine and it was valid for 1 year from date of issue.

because you applied for it along with AOS. if you apply for it before you get married and apply for AOS then it is only valid for the duration of the I-94

[Dan & Jenni 457]

it means that as far as they are concerned, K1 visa holders do not require DHS permission to work. If you have a problem with this, please take it up with them, not me!

For everyone else, I appologize - we are arguing over a moot point on as dead thread since either way you need to apply for EAD if you enter on a K1 visa.

maybe i am just being dumb here or this whole thread has just left me feeling really confused but... do those 2 statements not contradict each other?? the way i read that is... "k-1 visa holders dont require permission to work but they must apply for permission with the EAD???

[VanessaTony 3,567]

I think you mean that We were. We're can actually only replace "we are" but that is not really the issue!

If you were told to stand in that line, then fine, the rest of us has to stand in the non-US line but good for you. It was flagged as joke which is what it was - normally, that line is reserved for US passport holders only - Even when travelling with my wife I don't get to use that line with my green card, let alone holding a foreign passport and brown envelope!

Can you please resolve this by showing me where on a USCIS website it states that the Social Security website is wrong?

I quote from the SS website (in case there were too many words in the link I provided):

The Department of Homeland Security (DHS) determines whether a non-immigrant in the U.S.

may be employed; may be self-employed; or may not work. (Even though Social Security stamp "Not Valid for Work" and "Valid for work only with DHS Authorization" or nothing on your SS card.)

I do wonder though, and I will probably regret this, why they say that applying for EAD will only last for the duration of the I-94. I got mine and it was valid for 1 year from date of issue.

I said "We're" because we ARE told to stand in the USC/Resident line and yes, I was. Are you telling me you stand in the visitor line every time you come back into the country? The line "for USCs" is actually for resident's as well, it says it on the banner... (here's an example of the line markers: http://goingslowly.smugmug.com/Driving-Home/Bay-Area-CA/i-Sn8ckMJ/0/783x522/569194663661efdb2b92o-783x522.jpg)

I didn't say the SSA site was wrong, for SSA purposes a K1 is work authorised, and USCIS says they can work but ONLY with an EAD (and SSN). They can't work by just showing the K1 visa and SSN. The only way to explain this to you is this: Title 8 of the Code of Federal Regulations 8 CFR §274a.(12).(a).(6)) [bolding added]

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

....

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Does that explain it? SSA doesn't control who CAN work, USCIS/DHS does that. The I-9 explains USCIS's rules/requirements.

As someone else told you, you can get an EAD based on the K1 (code a6 for the I-765) and you have to pay for it, or based on AOS (c9) when the fee is waived. The K1 one is only valid until the I-94 expires. It currently takes around 2 months to get so it's usually completely pointless to bother with it prior to AOS.

[VanessaTony 3,567]

maybe i am just being dumb here or this whole thread has just left me feeling really confused but... do those 2 statements not contradict each other?? the way i read that is... "k-1 visa holders dont require permission to work but they must apply for permission with the EAD???

That's exactly why I'm arguing. The K1 requires an EAD to work. There is absolutely zero doubt about that. All the rules state it. The confusion comes in that some people think the SSA's internal rules for issuing SSN's, which state a K1 is work authorised, means they can work with JUST a SSN and the K1 visa. This isn't the case. The SSA's rules are just a "how to" guide for them issuing SSN's, has nothing to do with whether someone is actually legally able to work.

Once someone gets the SSN it will say "DHS Authorization required" which means they need an EAD or GC but they read the SSA rules and thing the K1 visa is proof of work eligibility, which is why we refer to the I-9 which is required to be completed when you apply for work and the K1 isn't on that list.

[Darren And Crissy 11]

maybe i am just being dumb here or this whole thread has just left me feeling really confused but... do those 2 statements not contradict each other?? the way i read that is... "k-1 visa holders dont require permission to work but they must apply for permission with the EAD???

No, you are not being dumb, this is just very confusing. By my interpretation, you need to apply for proof that you are eliglible to work in order to satisfy the I9 requirements:

To get an EAD you need to file I-765 which states "Other individuals who are authorized to work in the United States without restrictions should also use this form to apply for a document evidencing such authorization."

It is not enough to be eligible to work, you need to prove that you are on the I9 form which does not accept the Social Security's view that a K1 is eligible. Until the DHS and Social Security bridge this gap you need to wait until you get your EAD.

In my case this was very quick as I got married 2 days after arriving and expedited my AP (which also expedited my EAD). In my case this was possible because my mother was taken into hospital and there could have been an urgent need to visit the UK. Fortunately she was okay and I didn't need to.

Really, the DHS need to publish the employment status of K1 and either agree or disagree with Social Security.

Good luck!

[Darren And Crissy 11]

Thank you,

We are now arguing the same point, a K1 is authorised to work but requires proof. This is all that the article that you sent says.

"Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization"

So a K1 is authorised, but needs to prove it.

I really appreciate that you looked up the evidence. Now, about this need for capitalization!!! Some of us find it quite rude you know! There is a bold and underline option you know, although I do keep underlines just for hyperlinks.

Good luck with the remainder of your Visa Journey!

[Darren And Crissy 11]

I said "We're" because we ARE told to stand in the USC/Resident line and yes, I was. Are you telling me you stand in the visitor line every time you come back into the country? The line "for USCs" is actually for resident's as well, it says it on the banner... (here's an example of the line markers: http://goingslowly.smugmug.com/Driving-Home/Bay-Area-CA/i-Sn8ckMJ/0/783x522/569194663661efdb2b92o-783x522.jpg)

I will be sure to look out for these if I ever fly into LAX. In JFK there are lanes for Non-US, Permanent Residents, and USC. last time I arrived I spent almost two hours in the permanent resident line with my USC wife who chose to wait with me!

[Dan & Jenni 457]

Really, the DHS need to publish the employment status of K1 and either agree or disagree with Social Security.

i definitely think that all this should be made a lot clearer because it is a question that comes up once every few days here on VJ

[VanessaTony 3,567]

I really appreciate that you looked up the evidence. Now, about this need for capitalization!!! Some of us find it quite rude you know! There is a bold and underline option you know, although I do keep underlines just for hyperlinks.

I know I just don't feel the need to go through what I type to see what I want bolded, underlined or italisized, it's a little too #######. I don't think italics are obvious enough and I find bolding useful for large sentences. If it's a word I use CAPS, if it's a sentence I use bold. I type rather fast and using CAPS is just really really simple. It's just my "thing". It's an acceptable method, moreso back when I was younger. Now people are doing asterisks, on FB you need to use double asterisks in chat otherwise it will bold the word. I sometimes use astericks but rarely. Times change, but I'm old and stuck in my ways. It's not intended to be rude and most people get that.

Edited December 19, 2011 by Vanessa&Tony