The final verdict

[JoeCanuk 3]

Does the K1 visa authorize you to work or not? I've seen contradictory beliefs on the matter and just want a final verdict. Yes or no?

[rob&ana 0]

The visa alone in your passport will not allow you to work, you need a work permit or stamp on your passport to be allowed to work on the K1.

[JoeCanuk 3]

The visa alone in your passport will not allow you to work, you need a work permit or stamp on your passport to be allowed to work on the K1.

Ok thanks. Is that the final verdict though? Right on the sheet they gave me after my interview it said the K1 permits you to work during the 90 days. That's why I'm confused.

[KarenCee 3]

Many will tell you to fly through JFK and ask for the temporary work authorisation stamp. That allows you to work for the 90 day period that your I-94 is valid for. After that, any work you do is generally forgiven by the USCIS since you are married to a USC. The employer is the one that could quite possibly have problems if they are audited. If you have a job to come to immediately upon arrival I can see why you would want to work asap. Otherwise, most wait until after they are married to file AOS/EAD/AP. EAD's are typically taking 70 to 90 days to be approved and are good for one year.

[JoeCanuk 3]

Many will tell you to fly through JFK and ask for the temporary work authorisation stamp. That allows you to work for the 90 day period that your I-94 is valid for. After that, any work you do is generally forgiven by the USCIS since you are married to a USC. The employer is the one that could quite possibly have problems if they are audited. If you have a job to come to immediately upon arrival I can see why you would want to work asap. Otherwise, most wait until after they are married to file AOS/EAD/AP. EAD's are typically taking 70 to 90 days to be approved and are good for one year.

Cool, thanks. No, I'll be driving through Detroit. Perhaps I can ask for the temporary stamp there?

[Yodrak 7]

JoeCanuk,

Yes, the K1 visa authorizes you for employment, for your first 90 days in the USA while you are in K1 status. But it is not sufficient evidence of employment authorization to enable an employer to hire you. See a discussion involving myself and Dr_LHA on the issue today in the work and travel prior to getting a green card forum.

The employment authorized stamp on the I-94, which is sufficient evidence to enable an employer to hire you, is sometimes used at the Windsor Tunnel and Ambassador Bridge entry points.

Yodrak

Does the K1 visa authorize you to work or not? I've seen contradictory beliefs on the matter and just want a final verdict. Yes or no?

[KarenCee 3]

Joe, why not call the POE you'll be driving through to confirm what they will do...or not do...before you drive. This way there will be no surprises.

[English Muffin 59]

How does self-employment work? I'm hoping to move over in January 2008 and I am a self-employed Internet Researcher. It's something I can do from anywhere in the world, I just need internet access. Is it ok to do this on the K1 without the EAD stamp?

Thanks

[Yodrak 7]

English Muffin,

It's OK for the 90 days that you are in K1 status. An employer is required to document the emplyment-authorization status of its' employees, and is subject to penalties for hiring aliens who are not employment authorized. The USCIS Handbook for Employers has this to say about the self-employed:

If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also the employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you. So you are possibly exempt from the documentation requirements, in which case you do not need an EAD to show to anyone.

After the 90 days I'm not sure, but working without employment authorization, should you not apply for it, does not affect the adjustment of status decision for a person who is adjusting status on the basis of marriage to a US citizen.

Should you one day apply for citizenship I don't know how you would answer Part 10, section D, question 15

Yodrak

How does self-employment work? I'm hoping to move over in January 2008 and I am a self-employed Internet Researcher. It's something I can do from anywhere in the world, I just need internet access. Is it ok to do this on the K1 without the EAD stamp?

Thanks

[English Muffin 59]

English Muffin,

It's OK for the 90 days that you are in K1 status. An employer is required to document the emplyment-authorization status of its' employees, and is subject to penalties for hiring aliens who are not employment authorized. The USCIS Handbook for Employers has this to say about the self-employed:

If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also the employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you. So you are possibly exempt from the documentation requirements, in which case you do not need an EAD to show to anyone.

After the 90 days I'm not sure, but working without employment authorization, should you not apply for it, does not affect the adjustment of status decision for a person who is adjusting status on the basis of marriage to a US citizen.

Should you one day apply for citizenship I don't know how you would answer Part 10, section D, question 15

Yodrak

How does self-employment work? I'm hoping to move over in January 2008 and I am a self-employed Internet Researcher. It's something I can do from anywhere in the world, I just need internet access. Is it ok to do this on the K1 without the EAD stamp?

Thanks

Many thanks Yodrak.

[vanee 13]

How does self-employment work? I'm hoping to move over in January 2008 and I am a self-employed Internet Researcher. It's something I can do from anywhere in the world, I just need internet access. Is it ok to do this on the K1 without the EAD stamp?

I'm also self-employed and work at my computer. The member misa here is self-employed too and explained it to me something like this (thanks again, misa ). As self-employed people, we are our own employers. Whatever our work status is in the US, we are work authorized in our own countries. In our case, that's Canada. Since we're working for Canadian employers (ourselves), we're working legally. We have to pay taxes to the Canadian government until we get permanent residence status in the US, and then we can switch over to being US consultants.

Edited June 29, 2007 by vanee