Temporary work permit upon entry???

[Veiled Princess 1]

Ok, I realize I am WAY ahead of myself here as we have not even gotten approval on our petition yet but I have heard something about a temporary work permit that the fiance can obtain at the entry point when they first come on the K-1 visa... is this true???? Is there some special form that needs to be filed before they arrive or would he just ask for it when he checks in upon arrival at the airport in the states? That would allow him to legally obtain a job as soon as he is here instead of waiting to get the greencard after our marriage certificate is sent in? Is it just a game of chance as to whether it would be issued or not? Anyone who has gotten this permission to work at the entry port please give details about the process or if you just know how it works that would be wonderful and appreciated greatly as well.

Thanks

[I'm Gone 60]

Ok, I realize I am WAY ahead of myself here as we have not even gotten approval on our petition yet but I have heard something about a temporary work permit that the fiance can obtain at the entry point when they first come on the K-1 visa... is this true???? Is there some special form that needs to be filed before they arrive or would he just ask for it when he checks in upon arrival at the airport in the states? That would allow him to legally obtain a job as soon as he is here instead of waiting to get the greencard after our marriage certificate is sent in? Is it just a game of chance as to whether it would be issued or not? Anyone who has gotten this permission to work at the entry port please give details about the process or if you just know how it works that would be wonderful and appreciated greatly as well.

Thanks

Even if he gets that it's only good for the 90 day period that the K-1 status is valid. Still need to submit an I-765 for an EAD card after you get married if he wants to continue working and with the process time of the I-765 there is mostly going to be a period of time that he will need to stop working.

[gag54611 1]

The EAD that he could get on entry is, seemingly, only given out at JFK airport and, as mdyoung indicated, it is only valid up to the expiry date of the K-1.

After you have married, he can file for an EAD at the same time as he files for AOS. He uses the I-765 to do this. It takes about 3 months from application until he gets the card. He doesn't have to wait until he has his green card.

I suppose that it is technically possible for him to arrive at JFK, get the EAD stamp, you get married the next day, then file for AOS and EAD the next day. Then it is possible that the real EAD will arrive before the 3 months validity of the temporary stamp expires. Pretty much everybody doesn't bank on this happening, however, so K-1 entrants typically expect to be out of work for 3 to 6 months after arrival.

G

[iceyspots 0]

What previous posters said was true.. so.. If you do get the temporary work permit, the beneficiary must stop working until they get the EAD from the AOS.. so.. if you get a cool employer, ask them to fire him for a week or something? hehe

[arwensun1965 0]

The EAD that he could get on entry is, seemingly, only given out at JFK airport and, as mdyoung indicated, it is only valid up to the expiry date of the K-1.

After you have married, he can file for an EAD at the same time as he files for AOS. He uses the I-765 to do this. It takes about 3 months from application until he gets the card. He doesn't have to wait until he has his green card.

I suppose that it is technically possible for him to arrive at JFK, get the EAD stamp, you get married the next day, then file for AOS and EAD the next day. Then it is possible that the real EAD will arrive before the 3 months validity of the temporary stamp expires. Pretty much everybody doesn't bank on this happening, however, so K-1 entrants typically expect to be out of work for 3 to 6 months after arrival.

Yes this is correct but one mad rush to get married, apply for AOS...blah more stress, might as well take things easy and marry with ease and then apply.

[flipside 0]

Don't forget the time it takes to get a social security number. It could take up to a month. You can't work without that either.

[I'm Gone 60]

Don't forget the time it takes to get a social security number. It could take up to a month. You can't work without that either.

In theory you just need work authorization and show that you have applied for an SSN. Now finding an employer that will go along with this is the hard part.

http://www.irs.gov/businesses/small/intern...=129227,00.html

Delays in Issuing SSNs to Aliens by the Social Security Administration

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2...

The IRS is quite aware of the Social Security Administration's new procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these new procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's new procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its new procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's new procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

[flipside 0]

Well, theory and reality are two different things

[Steph1010 1]

We are flying through JFK with hopes to get the temp ead. My fiance already has a ss# because he has already worked in the us. My moms job has offerend him a temp job as a courier (sp?) which he will only make $9/hour...but hey its better than nothing They know the first permit will be for 90 days and they are cool with it. They are trying to help us out..

[Veiled Princess 1]

We are flying through JFK with hopes to get the temp ead. My fiance already has a ss# because he has already worked in the us. My moms job has offerend him a temp job as a courier (sp?) which he will only make $9/hour...but hey its better than nothing They know the first permit will be for 90 days and they are cool with it. They are trying to help us out..

Well when we ever actually get his visa we'll have to make sure he comes in through JFK. He's been sending money to me to here until he gets here so if he can't work for 3 to 6 months it might be a bit of a strain on us. I'm a substitute teacher for Elementary and Middle schools so I don't make a whole lot on my own so he has to work soon after he gets here!!! LOL I think it would just be easier for me to go there and that was actually the plan for a while but my ex won't let me take my kids!

[beccaogingi 0]

The EAD that he could get on entry is, seemingly, only given out at JFK airport and, as mdyoung indicated, it is only valid up to the expiry date of the K-1.

(Reviving this topic as I am really interested in this as well)

I'm new here and I've been reading this board, and I keep seeing references to the fact that people seem to think JFK is the only place that will give a temporary EAD. Is there a way to confirm this? Or someone to ask if the airport of our choice would do that? Like the original poster, we're a way off from this, but money is really tight for me and it would be so nice if he could work sooner than later. I would much prefer he flew into Logan as it's an easier airport to navigate, he knows his way from there, and so on. JFK scares me. So... whom could one call to find this out?

Thanks!

Rebecca

[Yodrak 7]

G,

There are indications that the EAD stamp can also be had at Houston and a bridge crossing into Detroit from Canada.

Yodrak

The EAD that he could get on entry is, seemingly, only given out at JFK airport .....

G

[maria_b84 0]

[Emo 0]

Why only at JFK? What about Newark NJ? They don't give EAD?

The EAD that he could get on entry is, seemingly, only given out at JFK airport and, as mdyoung indicated, it is only valid up to the expiry date of the K-1.

After you have married, he can file for an EAD at the same time as he files for AOS. He uses the I-765 to do this. It takes about 3 months from application until he gets the card. He doesn't have to wait until he has his green card.

I suppose that it is technically possible for him to arrive at JFK, get the EAD stamp, you get married the next day, then file for AOS and EAD the next day. Then it is possible that the real EAD will arrive before the 3 months validity of the temporary stamp expires. Pretty much everybody doesn't bank on this happening, however, so K-1 entrants typically expect to be out of work for 3 to 6 months after arrival.

G

[frndly1 1]

There is a place on the USCIS site that explains about the Temp Work Visa and what airports will issue them.