K1 visa- automatically entitled to work?

[BryceAndRebeca 92]

3 minutes ago, HRQX said:

Technically employers can't dictate which documents must be presented: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights As an example, LPRs can present a DL and unrestricted SS card (List B and List C combination) if they wish.

I agree, but they do ask you to show proof that you're able to work legally in the US. A K1 and SSN only, won't do.

Edited November 7, 2019 by BryceAndRebeca

[Lemonslice 4,936]

31 minutes ago, HRQX said:

Technically employers can't dictate which documents must be presented: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights As an example, LPRs can present a DL and unrestricted SS card (List B and List C combination) if they wish.

More than technically, legally.

[felipeTAYA 18]

8 hours ago, Dervlyah said:

Hi everyone. 
 

I recently arrived into the US on a K1 visa and married my fiancé. We are in the process of applying for adjustment of status. 
 

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself. Please see following links: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 
 

Every time I’ve googled this, every other source seems to say that DHS and EAD authorization is required prior to work. Even visa journey itself links ( https://www.visajourney.com/content/ssn/ )to one of these above website and states this, even though the website itself states the opposite. Has anyone else encountered this? 
 

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

 

 

 

No, K1 Visa can not work. The list provided by you is accurate, however, your lawyer misinterpreted it. Before working a K1 visa holder has to satisfy at least 3 requirements; get marry to  the US citizen who petition within 90 days, apply for SS number (I did it for my wife before getting married) change his/her name if applicable with SS, file for adjustment (combo) including I-765, Application for Employment Authorization. Just check this before applying for any job.

 

 https://www.e-verify.gov

 

 

 

 

[SalishSea 18,015]

8 hours ago, Dervlyah said:

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

Nope.

[Nitas_man 3,100]

8 hours ago, Dervlyah said:

Hi! Thanks for the response. I think you are right. I do however disagree that we need to apply for approval, as we would apply for is “evidence of work authorization “. We are authorized to work As per the SS website and the USCIS website itself, just DHS needs to issue us a card to confirm this. 
 

Overall it’s not worth the effort as it could take a while for them to issue the card And at that stage the 90 days are almost up. 

Whatever

 

Authorized to apply for a 90 day EAD card is not the same as authorized to work.

 

USCIS decides that, not the SS administration.

 

If you dont believe that, run your information through E-Verify and let us know how it works out.  3...2....1...go

 

https://www.e-verify.gov/mye-verify/self-check

 

Then fire that dumb lawyer

Edited November 8, 2019 by Nitas_man

[Nitas_man 3,100]

9 hours ago, Dervlyah said:

My lawyer is quite competent. They got me this far. My question to them was if I could get my SSN.  As a result of this they discovered that K1 visa holders can work. However only for the 90 day duration. 
 

We are applying for adjustment of status, work permit, travel permit and green card none the less. 

Your lawyer is an idiot.  Kids filing from their parents basements get this far all by themselves.

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

NOLO’s a good legal site.  Does your lawyer have google or alexa or siri?

Edited November 8, 2019 by Nitas_man

[HRQX 4,145]

1 hour ago, felipeTAYA said:

Before working a K1 visa holder has to satisfy at least 3 requirements; get marry to  the US citizen who petition within 90 days, apply for SS number (I did it for my wife before getting married) change his/her name if applicable with SS, file for adjustment (combo) including I-765, Application for Employment Authorization.

Note the following regarding SSN:

On 9/16/2017 at 6:19 AM, JFH said:

You don't need the SSN to start work. I arrived on December 19, started work on January 3 and got my SSN one week later. You can't be added to payroll without an SSN in most companies, but you can start working. Just show them the endorsed visa in your passport - that's your legal permission to work. I had to wait for my SSN to be paid but at least I was working already. 

 

[Nitas_man 3,100]

I want to hear about the e-verify results.  OP is still within the 90 day window.

[felipeTAYA 18]

Basically, yes you can work. Legally work, NO. 

[Villanelle 4,122]

1 hour ago, Nitas_man said:

Whatever

 

Authorized to apply for a 90 day EAD card is not the same as authorized to work.

 

USCIS decides that, not the SS administration.

 

If you dont believe that, run your information through E-Verify and let us know how it works out.  3...2....1...go

 

https://www.e-verify.gov/mye-verify/self-check

 

Then fire that dumb lawyer

For AOS applicants they must submit 765 and if its approved they are issued an EAD. When you are in K status (which is only for the 90 days) you are authorized for work and eligible for an EAD incident to your status. You do not apply and get approved, rather you are entitled to an EAD during your K status. So technically you do not 'apply' for an EAD in the same way you do as an AOS applicant. You are entitled to one and must submit the 765 to obtain one which is needed for employment to occur. https://casetext.com/regulation/code-of-federal-regulations/title-8-aliens-and-nationality/chapter-i-department-of-homeland-security/subchapter-b-immigration-regulations/part-274a-control-of-employment-of-aliens/subpart-b-employment-authorization/274a12-classes-of-aliens-authorized-to-accept-employment

[Ed&Midori1031 330]

12 hours ago, Dervlyah said:

Hi everyone. 
 

I recently arrived into the US on a K1 visa and married my fiancé. We are in the process of applying for adjustment of status. 
 

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself. Please see following links: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 
 

Every time I’ve googled this, every other source seems to say that DHS and EAD authorization is required prior to work. Even visa journey itself links ( https://www.visajourney.com/content/ssn/ )to one of these above website and states this, even though the website itself states the opposite. Has anyone else encountered this? 
 

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

 

I would ask they lawyer to check his credentials.  

[Nitas_man 3,100]

57 minutes ago, Villanelle said:

For AOS applicants they must submit 765 and if its approved they are issued an EAD. When you are in K status (which is only for the 90 days) you are authorized for work and eligible for an EAD incident to your status. You do not apply and get approved, rather you are entitled to an EAD during your K status. So technically you do not 'apply' for an EAD in the same way you do as an AOS applicant. You are entitled to one and must submit the 765 to obtain one which is needed for employment to occur. https://casetext.com/regulation/code-of-federal-regulations/title-8-aliens-and-nationality/chapter-i-department-of-homeland-security/subchapter-b-immigration-regulations/part-274a-control-of-employment-of-aliens/subpart-b-employment-authorization/274a12-classes-of-aliens-authorized-to-accept-employment

E-verify didn’t work?  OH wow  Thought the K1 visa made you eligible for employment.
 

Was it your lawyer who told you that a submitted application for an EAD card does not have to be approved before the card is sent out?  That’s really funny.

Let me get this straight.  You apply for one but if you are a K1 visaholder you aren’t actually applying for one you are just sending the application in?  That’s huge.  Thank you for the information.

 

 

 

[biglove1 1]

18 hours ago, Dervlyah said:

My lawyer is quite competent. They got me this far. My question to them was if I could get my SSN.  As a result of this they discovered that K1 visa holders can work. However only for the 90 day duration. 
 

We are applying for adjustment of status, work permit, travel permit and green card none the less. 

Hi . When my fiancée arrived in the US . Her I-94 said temporary work authorized . We applied and received her SS card . After that she worked for 2 months .. until her I-94 expired . Maybe that’s what you meant 

[Lemonslice 4,936]

39 minutes ago, biglove1 said:

Hi . When my fiancée arrived in the US . Her I-94 said temporary work authorized . We applied and received her SS card . After that she worked for 2 months .. until her I-94 expired . Maybe that’s what you meant 

That's interesting, I've never seen that mention directly on the i-94.  If possible, could you please upload the i-94 and remove all identifying details?

[Becci391 339]

1 hour ago, Lemonslice said:

That's interesting, I've never seen that mention directly on the i-94.  If possible, could you please upload the i-94 and remove all identifying details?

I would like to see that as well.