Previous work authorization now on K-1

[tired of forms 0]

I am new to this site and I see that the topic of working on a K-1 has been discussed several times. However, my situation is different from the others that have posted. My fiance was previously in the US on an F-1 visa and was granted work authorization and a SSN. He returned home and we filed for the K-1. He is now finally here, we got married and have begun filing the EAD and AOS. His SS card states he is authorized to work, but since he was authorized on a different visa is he able to work while here on the K-1? I have tried to get an accurate answer from authorities and no one seems to have the same answer. I am not sure if anyone has been in this situation, but I am lost as to what to do. I assume i still have to file the EAD???

[Magnolia31 0]

I am guessing no. I say no because I have had my SSN since I was about 12. I was in the US before with a green card (1983-2002). Since I was out of the country for over a year, I had to reapply for a green card. I came here on a K-1 Visa.

Now, I had to apply for EAD and although my SSC allowed me to work in the past, I was not able to work with it until I received my EAD or GC this time around.

Do not think about the other visa - go by the current visa and which rules apply to it.

I am new to this site and I see that the topic of working on a K-1 has been discussed several times. However, my situation is different from the others that have posted. My fiance was previously in the US on an F-1 visa and was granted work authorization and a SSN. He returned home and we filed for the K-1. He is now finally here, we got married and have begun filing the EAD and AOS. His SS card states he is authorized to work, but since he was authorized on a different visa is he able to work while here on the K-1? I have tried to get an accurate answer from authorities and no one seems to have the same answer. I am not sure if anyone has been in this situation, but I am lost as to what to do. I assume i still have to file the EAD???

[jezz85 0]

I also believe that you will have to file for an EAD or wait for the greencard. Particularly if the F-1 visa has expired.

[payxibka 10,047]

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

[jezz85 0]

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

This is only true if you got an EAD stamp in the passport on entry like fwaguy was lucky enough to do. Most K-1'ers were NOT able to get the EAD stamp (myself included) and thus are NOT allowed to work until the Employment Authorization Document is filed for and then received.

[TracyTN 237]

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

This is only true if you got an EAD stamp in the passport on entry like fwaguy was lucky enough to do. Most K-1'ers were NOT able to get the EAD stamp (myself included) and thus are NOT allowed to work until the Employment Authorization Document is filed for and then received.

I think you two are talking about two different things.

K1s are 'work authorized' for SSA's purposes pretty much from the moment they arrive in the US. The general rule of thumb is for the applicant to be in the US for at least two weeks before applying for the SSN. (Otherwise the SSA cannot verify their status.) Also a K1 should get to the SSA before their I 94 expires (I wouldn't wait any later than say, 70 days or so after entry), or else they will have to wait for EAD.

K3s are NOT 'work authorized' for SSA's purposes upon entry. They must have the EAD document (or green card/ I 551 stamp) before they can get a SSN.

[payxibka 10,047]

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

This is only true if you got an EAD stamp in the passport on entry like fwaguy was lucky enough to do. Most K-1'ers were NOT able to get the EAD stamp (myself included) and thus are NOT allowed to work until the Employment Authorization Document is filed for and then received.

No, employment authorization (EA) is not dependant on whether you received this magic "stamp" at the POE. All K-1's are EA incident to status. The stamp at the POE is your employment authorization document (EAD). Subtle but important difference.

[John & Annie 0]

This is a touchy subject. In reality, no, without an EAD there is no work allowed.

Although, working while in this status is not taken into consideration when adjudicating a family based AOS.

That being said, by reading the I-9, if you can produce the appropriate documents, the employer can hire you.

The debate on this subject is if this will effect naturalization. To my knowledge nobody has been able to answer this yet.

[Magnolia31 0]

This is not true if you did not receive a stamp at your POE. I did not receive a stamp when i entered Chicago - I had to file for an EAD. Hwoever, my GC came so I only use that. And yes, your SSC will state on it if you are authorized to work or not - my updated one had a sticker on it.

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

[Magnolia31 0]

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

Your SSN is not your indication of whether you are work authorized or not.. A K-1 is employment authorized for the first 90 days. After that and dependant on when you filed for AOS/EAD you may have a gap in authorization until your approvals are received.

This is only true if you got an EAD stamp in the passport on entry like fwaguy was lucky enough to do. Most K-1'ers were NOT able to get the EAD stamp (myself included) and thus are NOT allowed to work until the Employment Authorization Document is filed for and then received.

I think you two are talking about two different things.

K1s are 'work authorized' for SSA's purposes pretty much from the moment they arrive in the US. The general rule of thumb is for the applicant to be in the US for at least two weeks before applying for the SSN. (Otherwise the SSA cannot verify their status.) Also a K1 should get to the SSA before their I 94 expires (I wouldn't wait any later than say, 70 days or so after entry), or else they will have to wait for EAD.

K3s are NOT 'work authorized' for SSA's purposes upon entry. They must have the EAD document (or green card/ I 551 stamp) before they can get a SSN.

[payxibka 10,047]

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

It is because you need to understand the subtle difference between being employment authorized (EA) and possessing an employment authorization document (EAD).

[TracyTN 237]

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

As I thought I explained, being work authorized for SSA purposes and actually working are two different things.

[Dr_LHA 3]

His SS card states he is authorized to work.

No it doesn't, there is no such thing as a SS card that states that you are authorized to work.

The card most likely says on it: "Only valid for employment with DHS authorization". Which means an EAD card or stamp is required to work.

Edited August 24, 2007 by Dr_LHA

[Caladan 19]

The K-1 is work authorized with or without the stamp, for 90 days. Trouble is that without the stamp, there's no way to PROVE that you're work authorized, and the employer is supposed to require proof before they hire you. Hence you need the stamp to prove you can be hired, and sometimes the SSA office won't give you a number on the grounds that you don't need one if you can't be hired.

It is about the dumbest situation on the planet. All dumber situations have to do with immigration, too, cf., AOS, rules on kids aging out of petitions.

It's like the difference between being a licensed driver and the actual physical driver's license that proves it.

[Magnolia31 0]

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

It is because you need to understand the subtle difference between being employment authorized (EA) and possessing an employment authorization document (EAD).