Work authorization: I-94 Stamp or EAD Card do NOT seem to be necessary!

[Dr_LHA 3]

Thus only the JFK stamp or the EA Card will convince an employer of the de jure status you in fact do have. That in a nutshell is what's so frustrating, you already have the EA with the K1 but you don't!

OK - it sounds like you're coming around! Yes. This is very frustrating and stupid. However there are other things that are frustrating also, for example temp EAD only lasts 90 days, and then it expires, you have to file for EAD again after you file AOS. So for most people with the JFK POE stamp, they can start working as soon as they arrive in the USA, but 90 days later they'll lose their jobs because they haven't got a replacement because its impossible unless you fly into the USA, get married and file AOS the day you arrive (give or take a week), because EADs take 90 days to process.

My fiance(e) and I are trying to determine which route to go. Because the foreign national is currently here, we have various options inc. AOS after marriage. There was no intent to marry upon entering the US.

...

The K1 looked good, but the immigrant will seemingly get stuck in this non-working trap -even if the visa is set up to avoid this.

Wait, so why are you talking about K-1 then? If she's already in the USA just get married and file AOS and EAD. You'll have to wait 90 days for work authorisation, but that's just how it goes. What visa is your fiancee here on?

Work is not the biggest of your worries with K-1 believe me. If you went the K-1 route your fiancee would have to return to her country, then you would have to file for a visa and wait 6-9 months for that to process, then she could come. Totally unnecessary. Sounds like you got side tracked. Why is it so important that she work right away? K-1 makes absolutely no sense in your case.

Then I heard nay-sayers, so I checked the language of various USCIS documents etc. This since it didn't make sense that the K1 should be basically be prevented from working unless they fly throught JFK. That is beyond arbitrary and plain ridiculous.

And so is the notion - though it may true - that it would be the same for the employer to hire a work authorized K1 - who has a bona fide SS Card that matches the passport, visa and I-94 info - as it would be to hire an illegal alien. This b/c the K1 does not have the card that they cannot get until after the wedding, and even then there will be a delay rendering the EAD useless? Why is this visa even automatically work authorized in the first place?

Questions, questions....

I'm sure there was a logic back when the INA was written, but its lost in the mists of time. All POEs did use to give the EAD stamp though, and back when K-1s were invented AOS probably took a few days, rather than many months.

Either change the terms of the visa, making it more like a K3

Which would require re-writing the law. Not a small task.

OR

Instruct Inspection Officers EVERYWHERE to issue K1s with that hallowed stamp, what's the big deal?

Good question.

OR

Change that ancient handbook already, the form has been updated and perhaps with different wording I'll be right.

No the handbook correctly interprets the law. You need to change the law to change the handbook.

The language gave me some hope until I saw that handbook, which is explicit. And even if it's outdated, it's the one they go by. Fine. No problem conceding this.

Why do you think its outdated? Just because the handbook dates back to 1991? The law hasn't changed since then.

Finally, does anyone even agree with me that it would make sense - due to the nature of the K1 and its stated conditions - if the non-requirement to have a EAD to prove employment eligibility applied across the board (all gov't documents, agencies) for the K1 holder? That the same documents (Passport, K1 Visa, I-94 without stamp) needed to do everything else, inc instances when you have to prove EA before proceeding (like with that nine digit number), would be enough to actually convince an employer????

I don't fully understand this sentance, but there is a proposed law change I believe that would get rid of K-1 Employment Authorisation all together. Given the 90 day trap I talked about above, I think this would be a good step.

Thanks for your patience - I read that it was wearing thin. We appreciate your help and the exchange.

Look, we're here to help, not to argue. I sounds like you need some help with deciding what to do with the immigration process. Why don't you explain you situation here fully. I really think you got side-tracked with this K-1 EAD issue, where its totally irrelevant to your case if your fiancee is already present in the USA.

Please go over to the AOS forum and give us the details.

[John & Annie 0]

You are getting some very sound advice from people who have gone through this.

If your finance is here and there was no intent to get married, but now you want to, do it.

File for AOS and EAD. The EAD should be there in about 90 days.

[Johnnie Oz 0]

You are getting some very sound advice from people who have gone through this.

If your finance is here and there was no intent to get married, but now you want to, do it.

File for AOS and EAD. The EAD should be there in about 90 days.

Thanks folks, esp Dr. LHA! You've been very, very helpful! Others need to lighten up instead of believing there's a conspiracy of dunces out here, asking silly questions that they in their wisdom have disaggregated eons ago....

---

I did indeed get side-tracked by the SSA language that really makes it seem like the K1 (as opposed to a K3) is work authorized automatically, ie without a stamp or EAD. I was arguing that if the SSA said so, in so doing referring to who DHS classifies the K1, then it surely would be so with the DHS itself or the State Dep. But no.

Now over to the AOS forum. We shall see what road we choose to travel....being apart for the K1 process and then arriving having to go through all the paper work is less than appealing. But the advantage is that we could file all the stuff and be together as opposed to already being married and then going through the CR-1 process.

- and maybe the K3 though it seems pointless unless you happen to be already married. For those who are engaged, getting married in order to enter on K3 doesn't save time as opposed to K1 and costs more?).

[kitkat1 5]

Here's hoping YOU can get through to him . . .

What is up with you people? I am trying to become wiser...and this is what I get?

KitKat1

Don't bother backing up your own quotes with a link, ie. the one where you claimed that determining K1 's work authorization requires SPECIFIC DHS authorization. That would be asking too much, huh?

My question is what's up with you? You have questions and are confused, we are trying to provide answers. I'm just tired of trying to explain again and again in your countless threads. I have tried to help and clarify and explain. I have even pointed out that you are not the first person to be confused by this and therefore this is not the first time this discussion has been had. Keep doing the research and eventually you'll figure it out.

As I said before, a simple phone call to an HR department might prove to you exactly what an employer requires.

As I said before, if work authorization is your number one concern, the K1 is not for you.

[Johnnie Oz 0]

KitKat wrote

As I said before, a simple phone call to an HR department might prove to you exactly what an employer requires.

As I said before, if work authorization is your number one concern, the K1 is not for you.

I replied to your comments in the other thread, please click here

Thanks for your patience. I know you are all trying to help, I believe that with passion. And I am just trying to get wiser (and maybe provide some insight myself, I ain't that humble....

cheers

[meauxna 15]

And all I want to add on this topic is that it all sounds good in theory. Our experience was so different then anything I've read about. No social security number without a work authorization or green card. Green card came first.

Jomo's girl, I appreciate that your experience was your experience and I'm glad that you share it, however your situation is not normal. Jomo could have received a Social Security card as a K-1 had he applied in time. It is the short-term nature of the K-1 that requires them to act quickly to get this benefit. Your experience was different than others' because you did it differently.

It's not "theory", it's fact. Many K-1s get their Social Security card in their first 76 days in the US with no extra EAD or Green Card.

I did indeed get side-tracked by the SSA language that really makes it seem like the K1 (as opposed to a K3) is work authorized automatically, ie without a stamp or EAD. I was arguing that if the SSA said so, in so doing referring to who DHS classifies the K1, then it surely would be so with the DHS itself or the State Dep. But no.

But actually 'yes'. The K-1 (not the K-3) IS 'employment authorized' automatically for their first 90 days. full stop

They may not however be HIRED without an employment authorization document per the I-9 regulations.

Is that better?