Wife found a job but can't be hired

[SunflowerSweet 1,321]

Like everyone said, you will need to get the EAD before you can work with the K-1. That means applying for AOS.

On the bright side I suppose, people do use job offers as reasons for expedite attempts when it comes to EAD.

[Beth & Achraf 328]

Your going to need to file her AOS now since you and her has married. Time to Adjust her Status now,

here is a guide, http://www.visajourney.com/content/k1k3aos

Not difficult to do, and don't use your lawyer, sounds like he does not have a clue of what is going on.

You don't need a lawyer for file AOS, here in VJ you can find whatever you need relating to immigration.

Best wishes.

[almost_umrican 54]

My wife came here on a K1 Visa. We got married and few months later she just found a job. She went through the whole hiring process, she has a DHS authorized to work SSN. They asked for a copy of her I-94 form and the employer cannot enter the "admit date until" in there system as the date is in its past because it was a 90 day fiancee. They keep asking for a future admit date but we dont have one as it was a 90 day visa. I'm a little lost and she only has a few days to sort this information or else the employer will terminate her job due because it seems to the company she is unable to work . Anyone run into this problem??

i am assuming wife got the SSN on the basis of EAD. If that is so, i can bet during the background check conducted by the employer, they could not find the SSN alloted for any such person. since it is newly generated(some days or a couple of months old). when once one provide a ssn to employer, the onus of responsibility is on them or the third party they hired to conduct backgrounds checks. it is their responsibility to check with ssa if the such and such ssn is generated xyz person. all you have to do is to go to social security administration office and ask them for a letter that confirms that 123 is generated for xyz and submit that letter to your employer. Lastly, employer asking 1-94 is irrelevant and tells they don't deal with new immigrants authorized to work in this country on daily basis.

Edited July 7, 2016 by almost_umrican

[Pennycat 880]

Before jumping down OP's throat about EAD, it sounds possible based on OP's timeline that she *has* EAD (he said "DHS authorized SSN" which could mean that she does not have the stamp that says "not valid for employment without DHS authorization" and/or that she had it removed after EAD). It is also theoretically possible that she *had* an authorized SSN from previous legal employment in the US.

If it's the first case, then the company's system isn't set up to recognize the K1 process, which would not be a surprise. Their issue is with the I-94 which is expired. Spouses get stamped in with an I-551 which their system probably *is* set up for. This also could be this company's attempt to not hire anyone with only a temporary work authorization, or perhaps DACA beneficiaries, but is more than likely just a system oversight (if of course she has EAD card).

If it's the second case, then no, she's not authorized to work without a valid, unexpired EAD card even if she has an SSN without that DHS disclaimer.

Here's what employers need for the I-9:

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

[marianath 27]

To the OP, can you clarify these questions please.

Did you alread file for Adjustment of Status together with Employment Authorization ?

Did your wife already receive the employment Authorization card ?

OR

When she entered the USA under K1, she immediately applied for SSS received her SSS and on top of the card written: Valid for work with DHS autorization ?

[Grafx85 4]

When she entered the USA on k1 she applied for the SSN and on the top of the card it says DHS work authorized.

[Grafx85 4]

I'm also thinking its probably the way the system is set up on the employer computer. It did give an option if she has something called an I-551 stamp? I'm not sure if she has that. All they did was stamp her passport when she came in. I looked at it last night the stamp it just says customs Border protection

[Merrytooth 5,748]

I'm also thinking its probably the way the system is set up on the employer computer. It did give an option if she has something called an I-551 stamp? I'm not sure if she has that. All they did was stamp her passport when she came in. I looked at it last night the stamp it just says customs Border protection

Quit beating around the bush.

Have you applied Adjustment of Status for your wife yet?

I-551 stamp is only given to those entered US with CR1/IR1 spousal visa, does not applied to K1 visa.

[Mollie09 1,543]

When she entered the USA on k1 she applied for the SSN and on the top of the card it says DHS work authorized.

I would bet money it actually says the opposite and you just haven't read it closely.

[marianath 27]

When she entered the USA on k1 she applied for the SSN and on the top of the card it says DHS work authorized.

I am sorry to say, she is not authorized to work until you file AOS and EAD.

With all of this being said...what will you do with your lawyer ??

Edited July 7, 2016 by marianath

[EM_Vandaveer 2,417]

Look at the card. "Valid for work ONLY with DHS authorization" means it is NOT valid for work UNLESS she has an EAD.

You have to file for AOS and EAD.

Edited July 7, 2016 by EM_Vandaveer

[SunflowerSweet 1,321]

When she entered the USA on k1 she applied for the SSN and on the top of the card it says DHS work authorized.

It probably doesn't

And if it does, it shouldn't.

[Pennycat 880]

When she entered the USA on k1 she applied for the SSN and on the top of the card it says DHS work authorized.

You're going to have to look at that closer. It very likely says "not valid for employment without DHS work authorization". (Edited to clarify: I probably have the wording wrong. The above poster is right. It's positive not negative. So it is valid for work only with DHS authorization. Which she does not have because it is increasingly sounding like she doesn't have her EAD-- Employment Authorization Document. Which she gets from DHS).

If not, then the SSA office messed up. But the system would be correct in that case (and was designed this way to prevent people who had a valid SSN from their time as an au pair or something, coming back 5, 10, 20 years later and working without authorization). Only having an SSN plus an expired I-94 does not grant work authorization. An EAD card does. If she HAS an EAD card and the system is tripping up over the I-94.... THEN you've got a problem.

I'm also thinking its probably the way the system is set up on the employer computer. It did give an option if she has something called an I-551 stamp? I'm not sure if she has that. All they did was stamp her passport when she came in. I looked at it last night the stamp it just says customs Border protection

I-551s are for spouse visa entrants (and other people who have a green card on arrival)--- THAT is the "green card" they get on arrival. You went fiance visa route. She doesn't get a green card on arrival.

If she doesn't have an EAD card, it has nothing to do with the employer's computer and everything to do with the fact that she's not authorized to work.

Edited July 7, 2016 by CatherineA

[EM_Vandaveer 2,417]

It probably doesn't

And if it does, it shouldn't.

There is no such thing. OP is confused. If one has an SSN card that DOES NOT need additional documents for employment, it does not say ANYTHING on it.

If it says "valid for work only with DHS authorization" then additional documents are needed.

[SunflowerSweet 1,321]

There is no such thing. OP is confused. If one has an SSN card that DOES NOT need additional documents for employment, it does not say ANYTHING on it.

If it says "valid for work only with DHS authorization" then additional documents are needed.

Which is why I am saying it shouldn't say that?