Juarez Consulate

[MonicaMexico 0]

So, I've been researching whether or not Edgar can work before his adjustment of status, and according to this link, not only can he work, but ALL K1 fiances can work, "without specific DHS authorization."

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, 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....

Class of Admission

Description

K-1

Fiancé(e) of U.S. citizen

What say you, KitKat, aka guru of all things K1 visa?

[trueimage 0]

WOW....It does sound like K-1 visas don't need anything but the I-94 to work. That's the way I understood section C. Please let us know if you find this to be correct.

[kitkat1 5]

What say you, KitKat, aka guru of all things K1 visa?

Monica, you'll find many many threads here on this topic that might be helpful -- take a look here: http://www.visajourney.com/forums/index.ph...c=67658&hl=

Bottom line -- K1s are work authorized meaning they have the right to work as opposed to a B2 tourist visa holder who does not have the right to work. But in order to work, K1s must have the correct work authorization -- which is an EAD (or temp EAD).

It all comes down to what a company is required to see and write on an I-9 form from an employee to protect themselves.

I agree that the SSA information is confusing but the SSA doesn't authorize employment -- DHS does.

[MonicaMexico 0]

What say you, KitKat, aka guru of all things K1 visa?

Monica, you'll find many many threads here on this topic that might be helpful -- take a look here: http://www.visajourney.com/forums/index.ph...c=67658&hl=

Bottom line -- K1s are work authorized meaning they have the right to work as opposed to a B2 tourist visa holder who does not have the right to work. But in order to work, K1s must have the correct work authorization -- which is an EAD (or temp EAD).

It all comes down to what a company is required to see and write on an I-9 form from an employee to protect themselves.

I agree that the SSA information is confusing but the SSA doesn't authorize employment -- DHS does.

Dammit. I read the whole link. Sucks. Really, really sucks.

[Lucy N Fer 0]

Hello All,

I just decided to chime on the topic of work authorization. I agree with KitKat. I too heard many conflicting opinions regarding K1's ability to work. Please keep in mind that as a K1 when he first applies for a social security card, it WILL be marked "VALID FOR WORK ONLY WITH DHS AUTHORIZATON." When my husband was looking for employment, many employers were not only confused by the wording, but many had never even seen an EAD card. The ONLY way to get the wording removed is after he has his green card in hand and SS verifies it with USCIS.

I know it is a pain to wait so long for legal employment, but it is definitely worth the wait not to worry about any issues that may arise regarding legal employment. For us, it took 3 months after AOS to receive EAD and 4 months to receive green card. Now he is working and we are breathing a lot easier! I am so happy to have done it all by the book. We are free for 2 years.

Again KitKat's advice was always right on track. She always said be honest throughout this process about EVERYTHING! It has paid off.

Good luck to all.

[Allie&Leo 0]

Hola Chicas!

Nice to hear from you Lucy. We received Leo's EAD a few weeks ago. Today was his first day of work. It feels great! It has been 7 months since he has been here. It is going to be so nice when his paychecks start to arrive. I agree with Kitkat - can't work until apply for EAD from USCIS. There are many threads on this. You definitely have to be prepared of having 1 income and changing some shopping/eating out habits. I wasn't so great at changing my eating out habits because Leo needed to get out of house and we both love to go to restaurants. We survived pretty good. I had to cut back on my cosmos though.

Hopefully Greencard will arrive soon. My family is going to Puerta Vallatra for vacation in November and we really want Leo to be able to come. (and I don't want to give more money to USCIS for advanced parole). November should be enough time to get it.

Has anyone heard from Janet and Edgar???? I hope they are coping with everything.

Allie

Edited July 9, 2007 by Allie&Leo

[GabachaYucateca 0]

Too funny, Allie. It's definitely a hard balance between only having one income and wanting to show them around and also GET OUT OF THE HOUSE!

Lucy: his GC came pretty quick! I think we'll have a longer wait since we're filing through Vermont, but asi es.

Where are your husbands working? How's their English?

Luckily there are English classes for the summer at the community center I work out of, so he's in there right now and I'm "working."

[Lucy N Fer 0]

Yes, it was definitely a challenge to have Fernando stay home for almost 7 months as well. His English is ok. He can converse pretty well, but gets confused by the use of modern English (slang terms). He takes everything literally and tries to translate everything word for word which doesn't always makes sense. The good thing is that he is working for a construction supply company in their shipping and receiving department. ALL his coworkers are English speakers so it forces him to speak English only. They are patient with him and love to play practical jokes on him. Lucky for him, he is with a group of men who respect him and his diversity (customers are not always that nice though). Either way, he loves working and contributing toward our household.

One drawback we experienced here in Phoenix, is that many employers appeared uneasy about his recent arrival from Mexico. He said they suspected he was trying to obtain illegal employment even though he presented his EAD card. He was not offered official employment until he had his green card. I guess here in Phoenix they are being extra cautious because we hear about all the illegal employment in the state. I don't know.

Allie, congratulations on Leo's employment. You will both be happier. Not just financially but if Leo is like Fernando, he will feel happier and more productive simply knowing he is contributing to his own household.

Ok enough rambling....Good luck to all once again during this stressful process.

[nm123 0]

I'm off topic again, but to cut back on the unnecessary "stuff" that you send with the I-129F petition, is it okay to not submit the envelopes from letters, and to just submit the letters themselves as part of your other secondary evidence of the relationship? I know this might be a minor detail, but I don't want it to be a major detail if it gets an RFE since the actual pages of letters didn't have the postage date stamp.

Also, when submitting phone records, is it alright to just submit the actual pages that the calls to & from Mexico are listed (with the calls highlighted), and not the extra pages of other phone numbers where the Mexican calls don't even show up?

Thanks again,

nm

[Allie&Leo 0]

Hi NM,

By the way you are thinking, you should be well prepared for the interview. I sent with Leo the actual(original) cell phone bills and emails and cards that showed a range of dates from beginning of our relationship to present. Only thing they looked at was pictures I sent (I sent an album). They asked him a couple of questions about pictures - who were other people in pic (was my mother) and also asked our marriage plans. I think pictures is most important part of proving relationship.

Gabacha - Leo went for an interview with temporary staffing company and was hired on the spot. Bilingual people is apparently pretty big for staffing companies. They pretty much hired him before he went to interview. 1 week after interview he had his first job today (3 day job) and goes this wed. for a fulltime (40 to 50 hr week) 1.5 year commitment for a music recording company dealing with latin music. I'm keeping my fingers crossed. and it is pretty good money. A lot more money than I made after I graduated from college. If that doesn't work out they have promised him another job working for cell phone company (almost same pay)

I think this will be great introduction to work in USA. Leo's english is really good. Speaking excellent - writing okay. From Jan till May he went to Advanced ESL classes and has passed 4 out of 5 sections for obtaining his GED, he has one left to take next weekend). He does have a college degree from Mexico.

I'm just keeping my fingers crossed for Wed. If he gets it, the job hunt would have been a lot less stressful than I thought. Wish him luck.

Allie

Edited July 10, 2007 by Allie&Leo

[trueimage 0]

I think I'm ready and just waiting on the appointment letter. This is what I have. Please let me know if I am forgetting anything.

Forms DS-156 and DS-156k (in duplicate) (all signed except for DS-156k...to be signed at Consulate)

G-325A (?)

Intent to Marry (ready to be signed by him at Consulate)

His birth certificate plus a copy

My birth certificate plus copy of passport

Divorce decrees

Last 3 years of tax forms plus employment letter

Relationship evidence (photos and toll receipts)

His passport

Anything else that you can think of aside from Banamex receipt (need appointment letter first for that)?? Thanks in advance!!!!!

[GabachaYucateca 0]

Hey vismaster!

No G325A required. Don't forget the NOA2 and copy! There's also a supplemental form in addition to the DS 156 and DS 156K for men, which you can find on the Juarez Embassy website. It's the DS157 if I remember correctly. I could be wrong, but I think you also need to provide another letter of intent to marry from you. Same thing as before, just with a new date. Otherwise, it looks good to me.

I'm really not sure what exactly they ended up taking because he was shaking so much she had to take the folder from him and look through for what she needed. And, he also answered a couple of questions wrong at the interview! She asked how long we'd lived together and he said three (it was five) and where I worked and he totally blanked (I've been an ESL teacher for 7 years, and he also took my class in Mexico).

We just got back from the SS office...went smoothly, although we did have the same problem that many have, the people there don't know that K1s are eligible for SS# and don't need to provide an EAD. They were very nice about it, and didn't get pissy like I heard many have. Luckily, I had printed out the public notice record I found on VJ and showed it to them when they asked for his EAD. Turned out that earlier that day, they had turned away another K1er because they didn't have the EAD (the memo states that the I94 can be used in place of it) although the other person also had an expired K1, which I think made all the difference. But I think they woiuld have been turned away regadlress because of lack of info. The woman said, "well, I doubt Immigration will verify that he can get a SS#." To the contrary, he was already in the system and the dude had no problem verifying that he was eligible!

Only snag was my forgetting the marriage license so I have to go back to change my name. Typical of me, especially since I ran back into the house to grab my passport which I didn't need.

Thanks, Allie and Lucy for giving info about what it's like AFTER they start working!

Edgar was soooo happy after his ESL class last night. He SCREAMED in the supermarket in English, "I'm very happy I had my first English class!"

[trueimage 0]

Thanks Gabacha! I have a statement of Intent to marry from me also. I am waiting on some information from Adolfo to finish DS-157 about which schools he attended. (I couldn't find this form on CDJ site, but found it on VJ). Also on VJ downloads, it shows that we need DS-230 (biographical info). Do we need that also? I thought we only needed the NOA2 at the AOS interview???

[trueimage 0]

OH!!!! One more thing. I received the letter from NVC stating that our case was being sent to Juarez. Adolfo's name is Adolfo Quirino Basurto. The letter showed his name as Adolfo Basurto Quirino. Is this an issue? Should I call someone to have this fixed? I'm a little confused by this.

[GabachaYucateca 0]

Nope...don't need the DS320 for Juarez. There are a couple of things that other consulates require that Juarez doesn't, and I think that's one of them.

I could be wrong about needing the NOA2, but I brought it along anyway.

I'd definitely look into that name thing. Is it that way on your NOAs as well? I don't know where or how you'd have that changed, so hopefully someone else would chime in.