K-1 Visa/ i-94 expiring

[mariakarla19 1]

Hi,

I got a question to see who can help me.

My fiance arrived on October 31st. We got married December 22. His I-94 which allows him to work expires on January 26th. We already send the paperwork for the AOS also including the i-765.

He just got a job and starts Monday. We are scared that after January 26 he won't be legally allowed to work. Is that how it works?

What can be done while the form I-765 is processed?

Thank you!

I appreciate everything

[SweetJuls 69]

Hello there,

I am a little bit confused by your thread. If I am right, I-94 doesn't allow you to work. It's illegal to work until you'll have the EAD. If he's working...he is doing it illegally.

[belinda63 3,038]

He doesn't have the proper paperwork for the I-9 which the employer is required to have filled out. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

He is not authorized to work until he has his EAD in hand to show the employer.

[Hypnos 6,576]

He cannot work until he has his EAD.

[mariakarla19 1]

Oh wow we are VERY confused with this.

Since the form we printed online the I-94 says "If an employer, local, state or federal agency requests admission information, present your admission (I-94) number along with any additional required documents requested by that employer or agency."

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

Oh what a confusion.

And the employer allowed this form.

:/

Thank you everyone. We appreciate it

Belinda:

The employer had him fill out that form i-9 :/

[Dave&Roza 748]

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

The employer had him fill out that form i-9 :/

In filling out the I-9, what documents did he use? A SSC with the restriction of needing DHS authorization means he must show that authorization which is the employment authorization document (EAD) or the green card (GC). So he really needs a List A document which is the I-551 (GC) or the EAD (I-766).

It is up to both the employer and the employee to know the rules. He is not allowed to legally work in the US until he receives his EAD or GC.

Dave

[Hypnos 6,576]

In his case, "DHS Authorisation" = an EAD or green card.

[mariakarla19 1]

Thank you very much Dave.

We obviously did not know the rule which is why I am asking, but now we fully understand.

Thank you Hypnos, I appreciate it.

[NickandAngi 8]

I know that some states allow you to obtain a driving licence with the I-94 expiration date, and I know when I applied for my SSN, the man told me that I was able to work until my I-94 expired, but then when I received the card it said that it was not valid for employment without DHS approval so I never persued any employment until I received my EAD. The EAD comes through relatively quickly if you have no RFEs, about 3 months. If he has already got a job offer, perhaps it's worth getting an infopass appointment and asking for an expedite on the EAD? Others may be able to offer more advice on this.

[Dashinka 24,519]

After arriving on a K1 you can work for the period of the I94 if you file for an EAD. Most people do not go this route since the EAD application usually takes 45-90 days to process, requires a separate fee, and will only be valid for the period of the I94 related to the K1 entry (I.e. Would need to stop working when the I94 expires). Generally, people get married and file the AOS soon afterward with the EAD application (fee waived if filing jointly with an I485). You cannot work with the SSC alone.

Good Luck, hopefully this will not mess up your AOS.

[yuna628 9,677]

As others have explained here, the husband is not work authorized until AOS with EAD is filed and he has the EAD in his hands. If the employer wants to hire him without this, they are doing an illegal thing. If husband is attempting to still work without being authorized, it's also doing an illegal thing. Don't jeopardize yourselves, you're unfortunately going to have to wait until the document is approved and arrives.

[abhi_meli 150]

hope the social security office doesn't intimate the us immigration about your fiance working already without ead....

[NYCruiser 423]

Oh wow we are VERY confused with this.

Since the form we printed online the I-94 says "If an employer, local, state or federal agency requests admission information, present your admission (I-94) number along with any additional required documents requested by that employer or agency."

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

Oh what a confusion.

And the employer allowed this form.

:/

Thank you everyone. We appreciate it

Belinda:

The employer had him fill out that form i-9 :/

Hello...welcome to your new lives together....um...he should not be working. The K1 is valid for 90 days (3 months only) and is not authority to work in the USA. Just authority to get married here. He needs to either stop working immediately (today is Sunday), inform the employer of your mistake. File the AOS paperwork, include in it as a seperate set of paperwork in the same envelope the Employment Authorization Document application and the Travel Authorisation Document application. The EAD should come within 3 months (ours took exactly 2 months).

Be very careful as the Immigration people will put him as illegally working. The K1 is very confusing I know. Good luck!!

David

[B-2-Z 37]

Someone correct me if I'm wrong, but I think you can use his job offer to expedite his EAD, if he's had biometrics done.

[mariakarla19 1]

Thank you everyone for your comments. I appreciate all the help.

I guess we were just very confused with the SS and the DHS authorization since the passport has a white paper stapled from DHS.

But now we understand everything and we definitely do not want any problems.

We will schedule an appointment with infopass to see what other option we have.

Thank you!