K1 visa process w/ fiance who has a ssn

[Bduffy 1]

Hi, my fiance and I submitted our I-129 for the k1 visa back in July 2021. We're now looking at canceling it and applying for the CR1 marriage visa so he'd be able to work once he got here.

 

He worked here for years before he went back home in 2019 and has a social security number. Will he be able to work when he lands because he has a ssn already? We're not using a lawyer but paid for an hour consultation last spring. I don't think we ever asked her about this though. Any information is helpful!

[Mike E 11,739]

5 minutes ago, Bduffy said:

Hi, my fiance and I submitted our I-129 for the k1 visa back in July 2021. We're now looking at canceling it and applying for the CR1 marriage visa so he'd be able to work once he got here.

 

He worked here for years before he went back home in 2019 and has a social security number. Will he be able to work when he lands because he has a ssn already?  

Yes he can work as soon as he entered the USA on his CR-1.  

[JeanneAdil 6,514]

he will have a I 551 stamp (notice) at the bottom of his visa upon arrival 

that serves as temporary green card till his arrives

 

BTW

if u marry this year,  u will file taxes for 2022 as Married 

MFJ or MFS and his with a SS #,  it  helps  

 

[Bduffy 1]

7 minutes ago, JeanneAdil said:

he will have a I 551 stamp (notice) at the bottom of his visa upon arrival 

that serves as temporary green card till his arrives

 

BTW

if u marry this year,  u will file taxes for 2022 as Married 

MFJ or MFS and his with a SS #,  it  helps  

 

Is this if we continue with our K1 visa?

11 minutes ago, Mike E said:

Yes he can work as soon as he entered the USA on his CR-1.  

Thank you for replying. Would he be able to work when he arrived if we continued with our K1 visa seeing that he already has a ssn?

[powerpuff 6,713]

12 minutes ago, Bduffy said:

Thank you for replying. Would he be able to work when he arrived if we continued with our K1 visa seeing that he already has a ssn?

No, he’s not authorized to work without an EAD or a GC even if he has an SSN 

[Mike E 11,739]

15 minutes ago, Bduffy said:

 . Would he be able to work when he arrived if we continued with our K1 visa seeing that he already has a ssn?

No.  He would need to file I-485 with I-765 and get employment authorization (EAD).    EADs are taking 12 months but apparently can be expedited if there is a job offer in hand. 
 

He can ask the CBP officer for a work authorization stamp but to my knowledge it’s been over 10 years since any K-1 on VJ reported getting one.  

Edited March 28, 2022 by Mike E

[Bduffy 1]

1 minute ago, powerpuff said:

No, he’s not authorized to work without an EAD or a GC even if he has an SSN 

Thank you!

Just now, Mike E said:

No.  He would need to file I-485 with I-765 and get employment authorization.  Those are taking 12 months but apparently can be expedited if there is a job offer in hand. 
 

He can ask the CBP officer for a work authorization stamp but to my knowledge it’s been over 10 years since any one on VJ reported getting one.  

Thank you, this is really helpful!

[SalishSea 17,842]

21 hours ago, Bduffy said:

Is this if we continue with our K1 visa?

Thank you for replying. Would he be able to work when he arrived if we continued with our K1 visa seeing that he already has a ssn?

SSN is not a work permit.  He needs the work permit.

[JeanneAdil 6,514]

21 hours ago, Bduffy said:

Is this if we continue with our K1 visa?

Thank you for replying. Would he be able to work when he arrived if we continued with our K1 visa seeing that he already has a ssn?

no,  only the spouse visa

he can not work on K1 until you pay the AOS fee and fill out all those forms and wait for an interview in the US/ not fast