Employment Authorisation and the K1 questions

[girlfrmoz 1]

Hi All,

I have been reading a lot of confusing information about employment authorisation documents and how to get one during the K1 process. I really want to work as soon as I can when I get to the USA so I make new friends and am earning money. I want my savings to go to helping us set up house as my fiance is on a small income. Does anyone know some reliable sources for the latest legislation???

This is what I have read and it's conflicting so if anyone can 100% clarify it would be great....

** that you don't need an EAD on a K1 anymore. You apply for a SSN as soon as you get to the US and you can work on this type of visa anyway.

** you need an EAD on a K1 and the only place to get the stamp required these days is at JFK POE.

** or you apply for it as soon as you get the K1 and it could take up to 90days to get it and apply for another when it expires after you are married.

For everyone who is going through this process we need to get the most update and accurate information. Any help would be as always, greatly appreciated.

Lyndel

[Justdazed 1]

Hello hopefully I can clarify some things for you:

"You apply for a SSN as soon as you get to the US" - yes and no. While you can usually get a SSN after about 2 weeks upon arriving in the states (the reason I say two weeks because when you enter the US your name gets put into the system and usually it takes 2 weeks for it to show up to process a SSN).

When you finally get issued your SSN it will have restrictions - until you have your green card in hand to lift the restrictions you will need employment authorization in order to work -- and it says this right on your card "only valid with DHC authorization" etc etc.

I am not 100% sure about the POE conditional EAD but from what I've heard it's complicated and scarce - I'm sure someone will elaborate.

I've copied and pasted this from This Guide on Visajourney

When you can File:

1. At the Airport. As a K-1 Visa Holder you may receive a temporary EAD at the Point of Entry (POE). This has however become very uncommon and the only known POE that (and not always) issues these is JFK International Airport. if they do issue you a temporary EAD it will expire on the date that your K-1 expires (90 days from entry on your K-1). (Where: at the POE only)

2. Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waist of both time and money to bother applying. You will file as category ©(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

3. At the same time as filing for AOS. As a K-1 holder filing for Adjustment of Status (AOS) you are eligible to file for an EAD at the same time. Your EAD packet can be filing along with your AOS packet and mailed together. You will file as category ©(9), "adjustment applicant". (Where to file: mail only - with AOS packet)

4. After filing for AOS. If you did not file for your EAD at the same time as filing your AOS packet, you may still apply for an EAD. You will however need proof of having filed for AOS. This is typically in the form of a "notice of action" or physical receipt from the office you filed at stating that they received your AOS packet. You will file as category ©(9), "adjustment applicant". (Where to file: mail, walk-in if allowable, efile)

5. Renewing your EAD. You may renew your EAD when your EAD nears expiration. You must renew your EAD to be able to work until you become a Permanent Resident (or Conditional Permanent Resident) at which time your "Green Card" will be proof of eligibility to work. A suggestion before filing is to check the processing time of the local office you will be sending your EAD to and file at a time equal to the number of days before your EAD expires. ex: if the processing time is three months then apply for a renewal three months before your EAD expires. You will file as category ©(9), "adjustment applicant". (Where to file: mail, walk-in if allowable, efile)

Edited November 14, 2006 by Megz

[Kez/JWolf 6]

A K1 visa holder is allowed to work with the K1 visa and a SSN.... but an employer will need to see evidence of that you are Employment authorized, so you will need an EAD... if you enter through JFK then you can get a temp EAD valid for 90 days from the date you enter.... the other option is to file for a temp EAD that will also be valid for just 90 days... but as it takes almost 90 days to get the EAD this option is not going to help you...

Lets say you fly into JFK and you get the temp EAD stamped in your passport, you then wait 2 weeks and go and file for your SSN, it will take about 2 weeks for you to get this.. that is 28 days gone from your 90 days before you even start work.... during the remaining time you have to get married and file for your AOS and 1 year EAD.... day 90 arrives and you have not been approved for the 1 year EAD yet.. you have to stop working and wait for approval of the 1 year EAD.... the temp EAD can not be extended or renewed....

only you know if being able to work for 60 days or so is important to you... other choose to use this time to get settled in their new home and of course get married and prepare all the paperwork for AOS...

Hope this helps