Temporary Work Permit?

[Max in Milwaukee 0]

Hello All,

I've read much, and am looking for a definitive answer (is there such a thing in this process?). My fiance is coming over to the US in a few weeks, having gotten her K-1 (yahoo!). Now, will she enter WITH a temp. work permit, or is that something she'll after she arrives?

And - a broader question - but is she assigned a ss# when she was given her US Visa, or does that come much later in the process?

Sorry to sound a bit vague on these topics - I've read much, but have come across SO MANY different answers. Mind as well speak to others who have gone through the actual process.

Best,

Max and Ann-Sofi

[payxibka 10,045]

If she passes through immigration at JFK she will in all likelihood receive the temp EAD work stamp... without she cannot fulfill the I-9 requirement and cannot work... JFK is one of the few POE's that issue such a stamp.

SSN is not automatic for a K-1... You will need to go to the SSA office sometime between day 1 and day 76 to apply for a SSN...

Edited September 20, 2007 by fwaguy

[Skeeter211 2]

There is no temporary work permit for a K-1 visa holder. There are some who say if a K-1 enters through JFK airport in New York, they can get a stamp on their entry permit allowing work as a K-1. This is the only point of entry that I have even heard this is possible anymore. I have no personal experience with this and its only what I have read here in VJ. Other than that, your fiance must file an I-765 with USCIS and request an employment authorization document (EAD) that allows them to work. Word of warning....you can apply for an EAD as a K-1 (prior to adjusting status) but it is basically worthless. It takes 70 to 90 days to receive it and it expires with the K-1 visa in 90 days, so you would have to apply again after that.....and of course pay another fee. Much better, in my opinion, to wait till after your marriage and file the I-765 concurrently with the AOS application or just wait for the green card if she is not in a hurry to work.

As far as a social security number, the answer to your question is she doesn't get one assigned with her visa. She can do one of two things. She can apply for one no sooner than 2 weeks after her entry with your local social security office and have it issued in her maiden name, then request a new card after you two are married with her married name. Otherwise, she can just wait till after you are married and apply for it in the same manner, but it will already have the married name on it. We waited till after the marriage, but I know of others that got it right away. The only difference in getting it in the maiden name is a little bit of time to change it later. There is no cost for the card and if you change it later to the married name the SS# stays the same. It's really up to you.

Hope this helps.

Scott

[payxibka 10,045]

work.

As far as a social security number, the answer to your question is she doesn't get one assigned with her visa. She can do one of two things. She can apply for one no sooner than 2 weeks after her entry with your local social security office

Not true, you can apply the day of arrival, but it could take SSA up to 2 weeks (or more) to perform the verification step because of the time lag getting USCIS information into the SSA system. It has been recomended to wait 2 weeks so that this information transfer has occured but it does not prevent you from going earlier....

Edited September 20, 2007 by fwaguy

[DakotaK1 1]

Hello All,

I've read much, and am looking for a definitive answer (is there such a thing in this process?). My fiance is coming over to the US in a few weeks, having gotten her K-1 (yahoo!). Now, will she enter WITH a temp. work permit, or is that something she'll after she arrives?

And - a broader question - but is she assigned a ss# when she was given her US Visa, or does that come much later in the process?

Sorry to sound a bit vague on these topics - I've read much, but have come across SO MANY different answers. Mind as well speak to others who have gone through the actual process.

Best,

Max and Ann-Sofi

JFK often issues a work stamp.

Not true, you can apply the day of arrival, but it could take SSA up to 2 weeks (or more) to perform the verification step because of the time lag getting USCIS information into the SSA system. It has been recomended to wait 2 weeks so that this information transfer has occured but it does not prevent you from going earlier....

Good to know,somebody told me to wait 2 weeks,cos it could take that long to get in the "US system"or something like that.

[Skeeter211 2]

work.

As far as a social security number, the answer to your question is she doesn't get one assigned with her visa. She can do one of two things. She can apply for one no sooner than 2 weeks after her entry with your local social security office

Not true, you can apply the day of arrival, but it could take SSA up to 2 weeks (or more) to perform the verification step because of the time lag getting USCIS information into the SSA system. It has been recomended to wait 2 weeks so that this information transfer has occured but it does not prevent you from going earlier....

Ok...I stand corrected. I don't think they will issue you a card till you are "in the system" at SSA, but technically you can go straight from the airport if you are so inclined.

[StillThePrettiest 3]

just out of interest, is there anywhere where the issuing of the EAD stamps is documented, anywhere on VJ? I'd be interested in knowing how many people who pass through JFK actually get it, whether they had to ask, if anyone has got the stamp recently at another airport, etc...

in my extensive browsing of this forum in the last couple of months I came across a thread where a guy's partner - I think it was his wife, and she entered on K3, but I'm not sure - was given the stamp at Houston airport (or possibly Dallas?), but it was at least a couple of years ago... and I don't remember which thread it was now, unfortunately

in any case, if anyone knows where there might be some data on this, and could point me in the right direction, I'd be most grateful

[payxibka 10,045]

in my extensive browsing of this forum in the last couple of months I came across a thread where a guy's partner - I think it was his wife, and she entered on K3, but I'm not sure - was given the stamp at Houston airport (or possibly Dallas?), but it was at least a couple of years ago... and I don't remember which thread it was now, unfortunately

K-3 does not qualify for the stamp..... must have been a K-1

[Kez/JWolf 6]

Over the last few years on VJ the only places that I have seen people getting a temp EA stamp are JFK and some land crossings from Canada... Having the temp stamp is the only way for a K1 to comply with the I-9 requirments other than filing for EAD under catagory a(6) on the I-765 and waiting the 70 to 90 days for it to be processed... by which time the temp EA will have expired or almost expired... it can not be extended and you will no longer be employment authorized until you are approved for the EAD that you file for along with your AOS...

Kez

[athena_ny 1]

just out of interest, is there anywhere where the issuing of the EAD stamps is documented, anywhere on VJ? I'd be interested in knowing how many people who pass through JFK actually get it, whether they had to ask, if anyone has got the stamp recently at another airport, etc...

in my extensive browsing of this forum in the last couple of months I came across a thread where a guy's partner - I think it was his wife, and she entered on K3, but I'm not sure - was given the stamp at Houston airport (or possibly Dallas?), but it was at least a couple of years ago... and I don't remember which thread it was now, unfortunately

in any case, if anyone knows where there might be some data on this, and could point me in the right direction, I'd be most grateful

Houston was giving them, but not with any consistency. I haven't heard of anyone getting one there in a long time.

[JoeCanuk 3]

Sorry to take this thread on a tangent but when you DO have the temp. work authorization, can your employer terminate you when it expires or do they usually let you come back to work when you are authorized again?

[Kez/JWolf 6]

When the temp EAD expires you are no longer employment authorized.... if you employer allows you to return once you have the 1 year EAD then there is no issues.... but they can ask you to leave on the date your temp EAD expires...

Kez

[bora bora 1]

My husband got his SSN after being in the country for a week...