An Issue...Please share experience

[ceadsearc 516]

I'm a K1er and at POE the customs officer told me I could work with my SSN (which I received within 2 weeks). I went on interviews and turned down 2 jobs out of fear. Wish I read this from you two months ago . Good to know!

You made the right choice. It's still illegal (CBP was wrong, you need your social AND EAD) and it doesn't look great to come and immediately start working illegally.

[zzzlpr 7]

You made the right choice. It's still illegal (CBP was wrong, you need your social AND EAD) and it doesn't look great to come and immediately start working illegally.

Actually a K1 is allowed to work until the I-94 is not expired.

After the I-94 expired then the K1 beneficiary needs either an EAD or the GC.

Technically, a K1 can arrive, get married, file for EAD (w/ the AOS) and be able to legally work after obtaining the SSN with no interruption.

However, in most cases there will be a gap between the expiration of the I-94 and the arrival of the EAD, cause it always takes time adapting to the new country, waiting for the SSN, waiting to get married, waiting to file AOS, processing of AOS, by then the I-94 already expired.

[Harpa Timsah 13,258]

Actually a K1 is allowed to work until the I-94 is not expired.

After the I-94 expired then the K1 beneficiary needs either an EAD or the GC.

Technically, a K1 can arrive, get married, file for EAD (w/ the AOS) and be able to legally work after obtaining the SSN with no interruption.

However, in most cases there will be a gap between the expiration of the I-94 and the arrival of the EAD, cause it always takes time adapting to the new country, waiting for the SSN, waiting to get married, waiting to file AOS, processing of AOS, by then the I-94 already expired.

This is incorrect. You did your process 4-5 years ago. Things have changed since then (or rather, there is some official change to the I-9 employment eligibility form that clarifies this issue). K-1 is NOT work authorized.

[zzzlpr 7]

This is incorrect. You did your process 4-5 years ago. Things have changed since then (or rather, there is some official change to the I-9 employment eligibility form that clarifies this issue). K-1 is NOT work authorized.

Yes, you are right. I looked it up at USCIS and apparently it has changed indeed.

Honestly, I think it is actually appropriate, cause the premise of a K1 is having the beneficiary here for a "trial" period, which can or can not be successful. In the unfortunate case that it isn't, allowing to work could raise the risk of the beneficiary overstaying.

[God fearing 13]

1328888515[/url]' post='5151058']

Actually a K1 is allowed to work until the I-94 is not expired.

After the I-94 expired then the K1 beneficiary needs either an EAD or the GC.

Technically, a K1 can arrive, get married, file for EAD (w/ the AOS) and be able to legally work after obtaining the SSN with no interruption.

However, in most cases there will be a gap between the expiration of the I-94 and the arrival of the EAD, cause it always takes time adapting to the new country, waiting for the SSN, waiting to get married, waiting to file AOS, processing of AOS, by then the I-94 already expired.

This is the same impression the CBP concluded. He maintained that it was upto the employer if he/she wanted to take that risk keeping you employed during the time my I-94 expired, knowing the GC was on its way. This topic is confusing because there are ppl who work and quite the day their I-94 expires.

Edited February 11, 2012 by Al & Afiah

[Boiler 45,499]

There are 10 million who work with no documentation.

[God fearing 13]

1328982503[/url]' post='5152998']

There are 10 million who work with no documentation.

Yes, I noticed that a lot here in Arizona

[S_R 148]

I'm a K1er and at POE the customs officer told me I could work with my SSN (which I received within 2 weeks). I went on interviews and turned down 2 jobs out of fear. Wish I read this from you two months ago . Good to know!

The CBP officer you met must have been high on some cheap drugs. You SS card clearly states that you can ONLY work with DHS authorization. Did you get any such authorization?

Without your EAD or GC you cannot lawfully work in the United states.

[JimVaPhuong 4,863]

This is the same impression the CBP concluded. He maintained that it was upto the employer if he/she wanted to take that risk keeping you employed during the time my I-94 expired, knowing the GC was on its way. This topic is confusing because there are ppl who work and quite the day their I-94 expires.

Technically, a K1 is authorized to work until their I-94 expires, but they are still required to present an EAD to an employer in order to satisfy the I-9 form requirements. Getting an EAD before the I-94 expires would be a challenge.

This may seem like a mess, but there's a rational historical explanation for it.

At one time, many states required all applicants for a marriage license to provide their Social Security number. This posed a particular problem for a K1 because they were required to marry within 90 days of entry. In order to make this possible, USCIS (or perhaps it was INS at the time) declared that a K1 was eligible to work for the purpose of obtaining a Social Security number as long as their I-94 hadn't expired. This meant they were also eligible to submit an EAD application during that same window of time. An alien who is eligible to apply for work authorization is also eligible to obtain a Social Security number. This fixed the problem without having to change the Social Security laws.

Things got messy when some K1's were taking advantage of this opportunity, obtaining a Social Security number, and then landing a permanent job before they applies for AOS. This was not what USCIS had intended, so they implemented a patch by modifying the I-9 so that a K1 would need a valid unexpired EAD in order to get a job.

Some time ago the US Supreme Court decided that states could require a marriage license applicant to provide an SSN if they had one, but couldn't require someone to have an SSN in order to get a marriage license. While there are many benefits you cannot get in the United States without an SSN, there is still no law that requires you get an SSN or use those benefits, and it's unconstitutional to require someone to get an SSN in order to get married. I wouldn't be surprised if the exception that allows a K1 to get an SSN goes away eventually.

[Boiler 45,499]

It used to be that you could get an EAD within a few days.