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lynamon

K1 work authorized question

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Filed: K-1 Visa Country: Canada
Timeline

I came across on July 26th, married July 27th, sent out my paperwork for EAD, AP and AOS and have obtained an SSN card

My Canadian Employer of 10 years is hiring me on as a sales agent for their American Sister Company (the president is coming to train me himself as it's a new sales area for the company).

I did not receive a stamp at the Peace Bridge crossing. My employer knows me well (kinda like family) and I have provided to them a copy of my visa, I-94 and a print out from the USCIS website stating that I am work authorized. Can they be penalized for not having the proper documentation as required for the I-9? or is this documentation requirement protection for an employer hiring an unknown employee?

If it definitely is a requirement ... can I travel to the Detroit bridge crossing and simply ask them for the stamp? I believe someone did that by traveling to Boston ... I can't remember who it was and if they made an appointment or not.

Met in Cleveland 07/07/05 ... Fireworks!!!

Emails and phone calls until first visit back September '05

Many trips to Cleveland and overnight stays in New York

Engaged 05/07/06

07/18/07 - Interview yeeehaaa .. approved

07/26/07 - received Visa from Montreal (should have received 07/24)

07/26/07 - POE Buffalo, NY (Peace Bridge) .. No EAD stamp

07/27/07 - Beautiful marriage .. now you may call me Mrs. :)

07/28/07 - Filed AOS,EAD, and AP for me and AOS and AP for my son via UPS .. received 08/01

08/16/07 - applied for ssn

09/03/07 - received ssn card

11/07/07 - AP approved and received 11/12/07 :)

11/19/07- EAD approved online and received same day (actual approval 11/07/07) :)

12/27/07 - AOS transferred to CSC

02/26/08 - 485's approved without interview

01/14/09 - Sent I-751 - removal of conditions

02/23/10 - Biometrics

03/17/10 - Removal of conditions approved .. card production ordered

"Life is not measured by the amount of breaths that we take, but by the moments that take our breath away."

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Filed: K-1 Visa Country: Mexico
Timeline

Yes they can be penalized. There is a specific list of documents to show I-9 compliance. The printout from the website/ I-94 are not on that list. They're taking your word for it.

http://www.uscis.gov/files/form/i-9.pdf

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...and a print out from the USCIS website stating that I am work authorized. ..

What do you mean by this?

Can they be penalized for not having the proper documentation as required for the I-9? or is this documentation requirement protection for an employer hiring an unknown employee?

If ICE raids your employers and find that they did not follow the rules of the I-9 and collect the correct documentation from you, then yes, they will be prosecuted. The chances of that happening are slim, but they would still be breaking the law.

If it definitely is a requirement ... can I travel to the Detroit bridge crossing and simply ask them for the stamp? I believe someone did that by traveling to Boston ... I can't remember who it was and if they made an appointment or not.

Are you not already in the USA? You can't travel back through immigration as a K-1 visa only works once. So the simple answer to your question is: No.

Edited by Dr_LHA
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