about to enter the country on a K-1 visa, I have some questions about employment

[Chris V 0]

Hi there, I had my K-1 visa interview on Monday and everything went well, so I'm planning on entering the country probably early next week. The thing is that neither me or my fiancee is terribly well off, and I'd like to begin working as soon as I can. Since I'm going to be driving down from Canada, I'm assuming that getting a temporary EAD from JFK is out of the question, and I've also heard that the on-the-spot EAD documents from the local USCIS office are now pretty much impossible to get as well. The temporary EAD that you file for before your AOS application seems like it usually expires before it gets to you anyway, so I don't think we should apply for that. In this topic someone mentions that K-1 visa holders are automatically authorized to work for the 90 day duration of the visa, but that this fact is not generally well known. Does anyone know if this is true or not, and if so, if there's any official reference that shows this? They also said that most employers are under the impression that you need an EAD to work and that the visa by itself is not sufficient, so if I had some evidence to back it up it would likely go much better. Otherwise, right now it's looking like our best option is to just get married and apply for AOS/EAD as soon as I get down there and hope for the best.

edited to add... also, does anyone know of any other POEs other than JFK (specifically, any points you can cross in a car between Canada and the US ) that may also give the temporary EAD? If I call the POE in advance, will they give me that kind of information? Thanks

Edited June 27, 2007 by Chris V

[LaL 418]

This is always a hard question to answer. I will do my best and hope someone will come along to add to myanswer/correct if needed.

Work authorization is incidental to the K1. However employers have a requirement of the I-9 to satisfy and documentation regarding incidental K1 work auth is not an acceptable item.

[cellarlily 0]

It's very confusing, I know. We went around in circles when my husband got here because some websites suggested that K1 in and of itself is an employment authorization for 90 days. Others say that it is authorization to BECOME authorized (if that makes sense). Even immigration lawyers have this mixed up because we spoke to two separate firms and they both said that the K1 visa by itself is work authorization, which is incorrect.

Basically unless you go through a POE that gives the stamp, you are not going to be lawfully employed. I do not know if there are any POE on the US/Canadian border that give the stamp...you might want to go to the regional forums and ask them. All I've heard is JFK.

Now, if you do come and try to work in those 90 days, it is really up to your employer if they want to employ you or not. If they did, you would not get into trouble, but the company might.

It's difficult to go that long without working, but your best bet is to get here, marry and file for AOS + EAD ASAP before the fees go up (July 30th) and so you get your EAD as soon as you can. Right now the average approval time for EAD is 75-80 days, though that may go up with more people filing before the end of July. I think the reason they don't process these faster (besides that fact that they have so many) is that when your fiance(e) agreed to sponsor you, they figured they had enough money to do so for at least 3 months. That's all well and good, but it is hard to get by on one income for most people. Just try to get as much of the paperwork done now so that you can get it off immediately after you get married.

Good luck!

[YuAndDan 153]

A few problems, the POE officer is in a high security part of JFK and the only way you can get to them is by arriving air flight from over seas only.

Many POE land crossings from Canada do the temp stamp also.

http://www.visajourney.com/forums/index.ph...st&p=837236

One post I read a while ago a person called the land POE (I think Rainbow Bridge Niagara Falls) and they said they routinely did it

Then here is a post showing that Peace Bridge (Buffalo) did not.

http://www.visajourney.com/forums/index.ph...st&p=941859

Call the POE and ask.

http://www.cbp.gov/xp/cgov/toolbox/ports/

[Dr_LHA 3]

K-1 is work authorised for 90 days, but you need a stamp on your I-94 indicating that you are work authorised to actually work. Stupid huh? Sadly the requirements of the I-9 cannot be met unless you have this stamp, which is only given out at JFK airport and certain border crossings.

Edited June 27, 2007 by Dr_LHA

[misa 2]

Post your landcrossing/POE question in the Canada forum too or do a search there. There are some land crossings that will give you the stamp.

Edited June 27, 2007 by misa

[Yodrak 7]

Chris V,

The Ambassador Bridge and Windsor Tunnel into Detroit have been known to use the 'employment authorized' stamp.

Employer's are under the impression that a K1 needs an EAD to work because the law is that an employer needs to see an EAD in order to hire them. Simply being EA is not enough, to get hired one needs show an acceptable EAD or evidence of having applied for an EAD. (The 2nd item - evidence of having applied for an EAD - is debatable.)

Yodrak

Hi there, I had my K-1 visa interview on Monday and everything went well, so I'm planning on entering the country probably early next week. The thing is that neither me or my fiancee is terribly well off, and I'd like to begin working as soon as I can. Since I'm going to be driving down from Canada, I'm assuming that getting a temporary EAD from JFK is out of the question, and I've also heard that the on-the-spot EAD documents from the local USCIS office are now pretty much impossible to get as well. The temporary EAD that you file for before your AOS application seems like it usually expires before it gets to you anyway, so I don't think we should apply for that. In this topic someone mentions that K-1 visa holders are automatically authorized to work for the 90 day duration of the visa, but that this fact is not generally well known. Does anyone know if this is true or not, and if so, if there's any official reference that shows this? They also said that most employers are under the impression that you need an EAD to work and that the visa by itself is not sufficient, so if I had some evidence to back it up it would likely go much better. Otherwise, right now it's looking like our best option is to just get married and apply for AOS/EAD as soon as I get down there and hope for the best.

edited to add... also, does anyone know of any other POEs other than JFK (specifically, any points you can cross in a car between Canada and the US ) that may also give the temporary EAD? If I call the POE in advance, will they give me that kind of information? Thanks

[maggieNomar 0]

I know this topic of working with an EAD and then it expiring has been discussed to death. There is so much information out there, it is almost like it's a mere luck of the draw as to who hires you whether or not you can continue to work even after the 90 days. I know personally 2 people in my city whom I met through VJ , where the SO had the temp stamp, became employed and the employer has allowed them to stay, knowing that they have applied for the EAD. I'm not sure what happens at AOS interview though if they find out you have been working beyond the 90 days....it's nice to have the income if you can find work right away, even if only for 2-3 months.

Edited June 27, 2007 by Maggie724

[Dr_LHA 3]

The 2nd item - evidence of having applied for an EAD - is debatable.

There is a debate on this? Evidence of having applied is not enough under any definition, you need to have an approved EAD petition before you can start work.

. I know personally 2 people in my city whom I met through VJ , where the SO had the temp stamp, became employed and the employer has allowed them to stay, knowing that they have applied for the EAD.

In this case the employer is knowing breaking the law. Of course its up to the employer, many employers employ illegal immigrants also, and get away with it.

[LaL 418]

The 2nd item - evidence of having applied for an EAD - is debatable.

There is a debate on this? Evidence of having applied is not enough under any definition, you need to have an approved EAD petition before you can start work.

my understanding of the "debate" is with the replacement card, etc. 3 days to show applied for and 90 days to show receipt.

[Dr_LHA 3]

my understanding of the "debate" is with the replacement card, etc. 3 days to show applied for and 90 days to show receipt.

The "debate" is wrong there then too. You have 90 days to show the actual card, not the receipt. You're not allowed to have any time when your EAD has expired, and your new one isn't approved. This is why you really should apply for a replacement EAD 120-90 days before your current one expires.

If you don't have approved Employment Authorisation, an employer cannot legally employ you.

Edited June 27, 2007 by Dr_LHA

[LaL 418]

aaack! multitasking. *grumble*

3 days to show applied for and 90 days to show EAD in hand.

[Dr_LHA 3]

3 days to show applied for and 90 days to show EAD in hand.

Yes but this is only true if you are employment authorised. Your EAD has to be approved to start work, so if you get the approval email you can start work, then you have 90 days to prove it. You can't just apply for an EAD and start/continue work, on the assumption that it will be approved and mailed to you before the 90 day "grace period" is up.

[Dr_LHA 3]

Quoting the I-9:

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.

The bolded being the bit that people often ignore.

[Yodrak 7]

Dr_LHA,

I disagree. The USCSI Handbook for Employers states,

"Employees must present to you an original document or documents that establish identity and employment eligibility within 3 business days of the date employment begins. .....

If employees are unable to present the required document(s) within 3 business days of the date employment begins, they must present a receipt for the application for the document(s) within 3 business days. The employees must have indicated, by having checked an appropriate box in Section 1, that they are already eligible to be employed in the United States. ..... The employee must present the actual document within 90 days of the date employment begins. ..... "

A K1 is employment authorized incident to status. If they submit an I-765 as a K1 they are not applying for EA - they already have that - they are applying for the EAD that they need to document their EA. With a Receipt Notice in hand they have 90 days to produce the EAD.

Yodrak

The 2nd item - evidence of having applied for an EAD - is debatable.

There is a debate on this? Evidence of having applied is not enough under any definition, you need to have an approved EAD petition before you can start work.

Edited June 27, 2007 by Yodrak