K-1 Employment Elligibility to be Eliminated?

[BettyAndMe 0]

In a memo date June 20, 2006, Emilio Gonzales states that "USCIS instead plans to propose to eliminate

employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent

of the K- 1 visa."

He was responding to a recommendation from the USCIS Ombudsman that regulations be changed so that K-1 beneficiaries do not suffer a break in employment after the first 90 days. The entire memo can be found here:

http://www.dhs.gov/xlibrary/assets/CISOmbu...se-06-20-06.pdf

and the offending sentence is the last one (on page 3).

Anybody know anything about this? Maybe we should all write our congressmen/senators before this goes through (I assume that it hasn't yet). I know that a lot of folks kind of count on that 90-day work authorization and they'll be disappointed to learn that they now have to wait until they have a green card.

Have I missed something here?

[payxibka 10,045]

In a memo date June 20, 2006, Emilio Gonzales states that "USCIS instead plans to propose to eliminate

employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent

of the K- 1 visa."

He was responding to a recommendation from the USCIS Ombudsman that regulations be changed so that K-1 beneficiaries do not suffer a break in employment after the first 90 days. The entire memo can be found here:

http://www.dhs.gov/xlibrary/assets/CISOmbu...se-06-20-06.pdf

and the offending sentence is the last one (on page 3).

Anybody know anything about this? Maybe we should all write our congressmen/senators before this goes through (I assume that it hasn't yet). I know that a lot of folks kind of count on that 90-day work authorization and they'll be disappointed to learn that they now have to wait until they have a green card.

Have I missed something here?

This has been a known proposal for quite sometime. Nobody knows I do not think at this point when or if it will be enacted.

[YuAndDan 153]

Only thing I see as a problem is that SSA may stop issuing SS Numbers based on this, and it would cause some problems in some states, where they request a SS Number from both partners to get married.

Other than that, consider that spouses entering the country on a K-3 also have to file for and wait for EAD before they can work. I think USCIS is trying to make the two types of visas equal. Also the intent of the K-1 is to enter the USA to get married, not work, that comes after getting married.

[payxibka 10,045]

Only thing I see as a problem is that SSA may stop issuing SS Numbers based on this, and it would cause some problems in some states, where they request a SS Number from both partners to get married.

Other than that, consider that spouses entering the country on a K-3 also have to file for and wait for EAD before they can work. I think USCIS is trying to make the two types of visas equal. Also the intent of the K-1 is to enter the USA to get married, not work, that comes after getting married.

Can I say Las Vegas! It is still one of those places that you do not need SSN's for marriage.

[Chris-n-Veronica 0]

I think Idaho is another state you don't need a SSN.. but I need to verify that..

When I married my ex..We headed to Nevada to get married...but about halfway there we made a couple of calls and found out that it wasn't any easier in Nevada then Idaho.. so we saved ourself a long drive and got married in Boise..

I'll keep my eye on this SSN thing because I'll be going through rest of the process with Veronica after March...

Only thing I see as a problem is that SSA may stop issuing SS Numbers based on this, and it would cause some problems in some states, where they request a SS Number from both partners to get married.

Other than that, consider that spouses entering the country on a K-3 also have to file for and wait for EAD before they can work. I think USCIS is trying to make the two types of visas equal. Also the intent of the K-1 is to enter the USA to get married, not work, that comes after getting married.

Can I say Las Vegas! It is still one of those places that you do not need SSN's for marriage.

[Jasman0717 9]

Good idea, hope they implement it!

[*julez* 124]

I personally don't think this is a good idea at all!! While I realize that the purpose of the K1 Visa is for an individual to come to the US to be married to a US citizen, I think its short-sighted to believe that these people don't need to be able to work ASAP. This process and AOS are expensive and most of us need our new spouse to be able to contribute financially sooner rather than later. Of course, just my 2 cents....

[Fandango 1,439]

Eh, I don't think its such a bad idea...and I don't think the last sentence is that offending either. The fact of the matter is, a K-1 is technically a non-immigrant visa. I think that's really more the part which doesn't make sense,but that's for another day.

Having a temp EAD is not that big a deal imo. A lot of employers don't even want to deal with a temp one since there's a good chance that the EAD will not come in time for there to be a safe overlap.

We all know that immmigrating takes a lot of time, $$$ and planning. K-1 beneficiaries would be better served staying a few more weeks in their home country at their reg job in order to bring some more over to get thru the non-working phase.

[Kez/JWolf 6]

I agree... if you know that you are going to have to wait 3 months + to get work authorization then you have to plan for the time.... it is wrong that a K1 can work for 90 days but a K3 and others can not.... it will clear up a large area of doubt if a K1 is no longer EA then there will be no need for people to work without EAD after the 90 days are gone and they are still waiting for the 1 years EAD...

They just be be allowed to work...

Kez

[BlueRain77 0]

We always complain about the worry of unemployment in immigrants and them not contributing to society or something like that. And here we are denying immigrants to want for work and to contribute to their new home??? I just don't get it...

Personally I NEED my fiance to start working (that and he'll go mad if he doesn't). Get work permits are time consuming anyway. Its not something that people just get to have. Only those that really want to work will take the time to do it, so why deny those that really want/need to work?

[Jenn! 918]

We always complain about the worry of unemployment in immigrants and them not contributing to society or something like that. And here we are denying immigrants to want for work and to contribute to their new home??? I just don't get it...

Personally I NEED my fiance to start working (that and he'll go mad if he doesn't). Get work permits are time consuming anyway. Its not something that people just get to have. Only those that really want to work will take the time to do it, so why deny those that really want/need to work?

If we're worried about consistency with the K3, then why not give EA to both the K1 and K3 rather than taking it away from the K1?

[BlueRain77 0]

I agree. I think anyone coming in Legally should be eligible for a work permit.. Heck...they let Illegal immigrants work in some cases....

[misa 2]

I didn't find the sentence offending at all. The intent is to enter and marry (K1) and then adjust status, not to work upon entry even for a temporary period of time.

They should make K1s and K3s the same regarding work authorisation. It makes no sense why K1s are technically work authorised (with stamp) and K3s are not. Either both should have it or both should not since they are both non-immigrant visas.

Sure it sucks that it may be eliminated, but the bottom line with USCIS is that the petitioner should be able to support themselves and the beneficiary before EAD/SSN/AOS.

(Also, Virginia is another state that the beneficiary doesn't need a SSN to marry a USC)

[Fandango 1,439]

Technically, the K3 should have it before the K1, since the K1 is the 'non-immigrant' visa and iirc, the K-3 is.

Bottom line, many that come in on a K-1 do not actually work out, and they wind up going home anyways. If one is worried about the lack of a job, one can either save up more, come on a K-1 or K-3, or take the time, and pursue CR-1.

We're all wanting everything so tailored to our wants.....K-1 is (supposedly) faster, but there are drawbacks, this being one of them. None of us are calling the shots, so we can't pick and choose what we want to deal with and what we don't. I suppose the best bit of advice is to pursue the visa with the benefits that are most important to you as a couple.

[deathbydalbhat 0]

Somewhat of a hijack: I was never aware of the SSN requirement for marriage - is that just for a foreign fiance marrying a USC or does that mean that foreigners cannot marry each other in those states either? I am asking because I have lived in Hawaii and New York and lots of foreign(mostly Chinese and Japanese) couples get married in these states intending on going back home after the wedding - does this mean that Hawaii and NY don't require a SSN for marriage?

Edited January 24, 2007 by deathbydalbhat