When arriving in US, what to do next to work?

[jmarti22 0]

Happy New Year To All!!

My fiance will be arriving soon to the US via Los Angeles and has a potential job offer awaiting. My concern is that Los Angeles does not usually provide a EAD stamp at entry or any other form. My questions are the following:

1. Does having a K1 visa automatically permit my fiance to work?

2. Is having a SSN sufficient to work?

3. What do we need to do exactly for my fiance to work after arriving to the US?

I would appreciate your help!

PS. I am new to using VJ, so I apologize if this question has been asked b4.

PSS. I love VJ!

[gwenneh 7]

1. A K-1 does not automatically permit your fiance to work - it must be stamped at the POE with a temporary EAD stamp in order for her to be eligible. At present, the only POE that consistently does this is JFK in New York. If you do not have this stamp, the K-1 is not enough to work.

2. Having a SSN is NOT sufficient on its own to work, it MUST be accompanied with a valid EAD, either permanent or temporary. The card will have this stamped on it in BIG letters, too.

3. In order to work, the employer will need to see a valid EAD and a social security card. A valid EAD can be obtained at the POE (but this is a temporary EAD and is only valid for 90 days) or applied for when status is adjusted after the wedding. The social security card can be applied for upon arrival, though it's best to wait a few days so your fiance will be in the system and not have to be manually verified, which can take 6-8 weeks (most of the time available on the temporary EAD).

There are many arguments and discussion on how this all works, however this is how it worked last year when my husband came in on his K-1.

[jmarti22 0]

1. A K-1 does not automatically permit your fiance to work - it must be stamped at the POE with a temporary EAD stamp in order for her to be eligible. At present, the only POE that consistently does this is JFK in New York. If you do not have this stamp, the K-1 is not enough to work.

2. Having a SSN is NOT sufficient on its own to work, it MUST be accompanied with a valid EAD, either permanent or temporary. The card will have this stamped on it in BIG letters, too.

3. In order to work, the employer will need to see a valid EAD and a social security card. A valid EAD can be obtained at the POE (but this is a temporary EAD and is only valid for 90 days) or applied for when status is adjusted after the wedding. The social security card can be applied for upon arrival, though it's best to wait a few days so your fiance will be in the system and not have to be manually verified, which can take 6-8 weeks (most of the time available on the temporary EAD).

There are many arguments and discussion on how this all works, however this is how it worked last year when my husband came in on his K-1.

Thank you for your reply Gwen666, but my fiance has is already scheduled to come in through LAX, where they do not provide a stamp, so where can he receive this temporary work permit if entering through LA before our wedding and the AOS process?

[maggieNomar 0]

1. A K-1 does not automatically permit your fiance to work - it must be stamped at the POE with a temporary EAD stamp in order for her to be eligible. At present, the only POE that consistently does this is JFK in New York. If you do not have this stamp, the K-1 is not enough to work.

2. Having a SSN is NOT sufficient on its own to work, it MUST be accompanied with a valid EAD, either permanent or temporary. The card will have this stamped on it in BIG letters, too.

3. In order to work, the employer will need to see a valid EAD and a social security card. A valid EAD can be obtained at the POE (but this is a temporary EAD and is only valid for 90 days) or applied for when status is adjusted after the wedding. The social security card can be applied for upon arrival, though it's best to wait a few days so your fiance will be in the system and not have to be manually verified, which can take 6-8 weeks (most of the time available on the temporary EAD).

There are many arguments and discussion on how this all works, however this is how it worked last year when my husband came in on his K-1.

Thank you for your reply Gwen666, but my fiance has is already scheduled to come in through LAX, where they do not provide a stamp, so where can he receive this temporary work permit if entering through LA before our wedding and the AOS process?

You can try reading the forum on AOS, where I think there is more info on the EAD. My understanding is if they don't come through JFK, they cannot get the EAD until you apply to adjust status after the wedding. The confusion comes in with the SSA office telling people that the K1 is allowed to work, which is in part true, but it's a matter of semantics. yes they can work, but the employer can't hire them, per Yodrak's post.

[John & Annie 0]

As a thought, you can request to go to secondary processing at LAX and ask about the "work authorized" stamp, being that there is an offer of employment on the table. I would be prepared and tell them you are getting legally married right away and you plan on filing for AOS and EAD immediatley. They may take mercy on you.

If you are not doing the things I listed, I would not recommend this course of action.

Technically, from date of entry you can legally work for 90 days on the I-94. But the I-9 clearly states in List "A" that the two documents they would need would be:

"Unexpired foreign passport, with I-551 stamp or attached form I-94 indicating unexpired employment authorization"

Technically, it take 90 days to process EAD

Theoretically, there could be no gap in the employment cycle.

There is a lot more to this process then I have listed, but it should give you a starting point and some hope.

[*JG* 2]

As a thought, you can request to go to secondary processing at LAX and ask about the "work authorized" stamp, being that there is an offer of employment on the table. I would be prepared and tell them you are getting legally married right away and you plan on filing for AOS and EAD immediatley. They may take mercy on you.

If you are not doing the things I listed, I would not recommend this course of action.

Technically, from date of entry you can legally work for 90 days on the I-94. But the I-9 clearly states in List "A" that the two documents they would need would be:

"Unexpired foreign passport, with I-551 stamp or attached form I-94 indicating unexpired employment authorization"

Technically, it take 90 days to process EAD

Theoretically, there could be no gap in the employment cycle.

There is a lot more to this process then I have listed, but it should give you a starting point and some hope.

In my recent experience, there is no hope to work till you get your green card and SSN.

My fiance came to the US in mid June. No employment authorization stamp from Miami. Applied for work permit immediately. We married at the end of June. Applied for AOS end of July. Was told in Oct. work permit denied (yet they kept the money)and to apply for another work permit as the first one was moot once we married. Applied for this mid October. Received green card mid november, SSN 1 week later. Now, he can work. Looking for a job since.

Edited January 4, 2007 by Jomo's girl