K1 Can Work?

[Dr_LHA 3]

Dr_LHA,

A few months back someone was making exactly the same arguments. I thought we had got that one straightened out, and you've got me worried that PatientlyWaiting is the same person starting in again.

I've been in this argument with about 4-5 different people over the last year. Certainly I get a feeling of deja vu, but I think its just because every person makes the same mistake of reading the SSA website and thinking its the last word on Employment Authorisation.

[kitkat1 5]

Dr_LHA,

A few months back someone was making exactly the same arguments. I thought we had got that one straightened out, and you've got me worried that PatientlyWaiting is the same person starting in again.

Yodrak

Nope - that one was Johnnie_Oz. But it seems to always be the same - it doesn't matter how much totally accurate information the knowledgable people here post, or how hard they try to to explain. It always ends up being the same argument along the lines of "show me proof in the SSA manual" even after they've been told that the SSA doesn't govern work authorization.

[Yodrak 7]

kitkat,

Ahhh yes - thanks.

Yodrak

Dr_LHA,

A few months back someone was making exactly the same arguments. I thought we had got that one straightened out, and you've got me worried that PatientlyWaiting is the same person starting in again.

Yodrak

Nope - that one was Johnnie_Oz. ....

Edited August 10, 2007 by Yodrak

[bszoom42 0]

These are definitely complicated issues. I remember in the beginning I was confused about this point as well.

8 CFR 274a.12(a) states that all aliens listed under 274a.12(a) are “employment authorized incident to status” and that they are “authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes.” K-1 Fiancees are one of the classes listed under 274a.12(a) at (a)(6). Therefore, K-1 Fiancees belong to the classes of aliens who are “employment authorized incident to status.”

8 CFR 274a.12(a) at (a)(6)

(6) An alien admitted to the United States as a nonimmigrant fiance´ or fiance´e pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

The important point here is the distinction between an alien having employment authorization versus an alien having evidence of employment authorization.

So - yes, the K-1 can work. However, for the K-1 to show EVIDENCE that they can work to an employer, they need an employment authorization document.

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

So, as an example, the RM 00203.500 of the SSA that you referenced is just mentioning that yes, as a 21 year old person, you can consume alcohol legally. They are not talking about the legality of purchasing the alcohol. I hope that helps.

[kitkat1 5]

WOW that is an excellent example -- really helps make it very easy to understand!!! Bravo bszoom42!!!!

[Yodrak 7]

bszoom,

I agree with kitkat - that's an excellent analogy, easily understood.

Thanks.

Yodrak

.....

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

.....

[Neonred 3,562]

Here is some information from the Dept of State website http://travel.state.gov/visa/immigrants/ty..._2994.html#Work

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)?

and from USCIS website http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Who is Eligible?

* The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

What really bothers me is that many people entering the US thru JFK receive the temp EAD with or without asking for it yet at almost any other POE they will not give it. This does not seem right at all. If it can be done at one POE it should be available at all. That's like applying for the EAD while waiting for AOS and being told they only give those out to people living in New Jersey.

[Dr_LHA 3]

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

An excellent analogy!

[Pinay Wife 47]

Thank you for your posts Yodrak and Lal. Those are the kind of answers that I am looking for.

So you promise to stop posting wrong information as fact now?

Well now, how do I know when I'm wrong if I do not post it for you to correct?

Next time, however, it would be nice if the " experienced" ones can make corrections in the same manner as bszoom42 and Yodrak. Not a hint at all of sarcasm and arrogance in their post. Plain and simple words ~ polite and straight to the point.

People will appreciate you more for that

[rebeccajo 14]

Thank you for your posts Yodrak and Lal. Those are the kind of answers that I am looking for.

So you promise to stop posting wrong information as fact now?

Well now, how do I know when I'm wrong if I do not post it for you to correct?

Next time, however, it would be nice if the " experienced" ones can make corrections in the same manner as bszoom42 and Yodrak. Not a hint at all of sarcasm and arrogance in their post. Plain and simple words ~ polite and straight to the point.

People will appreciate you more for that

PW -

While links are nice, there is something to be said for googling on one's own. Many times I have gone seeking the 'official' rhetoric after a long discussion.

Becca

[John & Annie 0]

What really bothers me is that many people entering the US thru JFK receive the temp EAD with or without asking for it yet at almost any other POE they will not give it. This does not seem right at all. If it can be done at one POE it should be available at all. That's like applying for the EAD while waiting for AOS and being told they only give those out to people living in New Jersey.

I understand the frustration, but keep this in mind.

It will take two to three weeks to obtain the SSN card, then you have to interview and go through the whole process. The stamp is only good till the expiration of the I-94. So it really does not mean much.

The better course is to get legally married immediately and apply for the EAD concurrently with the AOS, this way the EAD will be good for one year.

[bszoom42 0]

"experienced" ones can make corrections in the same manner as bszoom42 and Yodrak.

Thanks for the compliment, but I am by no means nearly as experienced as Yodrak, Kitkat1 or Dr_LHA.

These members have been helping for a long long time - i am a newbie as compared to them. I just get lucky every now and again

[rebeccajo 14]

"experienced" ones can make corrections in the same manner as bszoom42 and Yodrak.

Thanks for the compliment, but I am by no means nearly as experienced as Yodrak, Kitkat1 or Dr_LHA.

These members have been helping for a long long time - i am a newbie as compared to them. I just get lucky every now and again

From what I've seen, you're contributing nicely.

[Pinay Wife 47]

<I also posted this question in another thread>

Can our experienced members shed light on this please?

Situation: K1 with SSN can do manicure and pedicure. Her friends and neighbors come to her house and pay her to do their mani/pedi. She makes $80/day doing this kind of stuff. The friends/neighbors are not employers but clients so there is no employer-employee relationship there. K1 wants to report her income to IRS to help with AOS as petitioner hardly meets poverty guideline.

Question: Is she violating her K1 status by working without EAD? Remember, she is self-employed. Is she EAD-exempt because of her self-employment?

Edited August 12, 2007 by PatientlyWaiting

[Kez/JWolf 6]

Any type of employment needs a EAD.. self employed or otherwise... if you are receiving payment for your service then that is employment...

Kez