Is It True you don't need a EAD if you're K1?

[LKDougherty 0]

I have gotten so much mixed advice from too many people, so i'm looking for more advice from this forum, hoping that someone knows what the hell they're talking about.

Is it true that you don't need the work authorization card and only a social security number?

Let me know ALL advice,

thank you

[~Nini~ 2]

No, you will need the EAD if you're coming into the US on a K1/K3 visa.

[LaL 418]

As a K1 you are inherently work authorized, however you will not have the proper documentation to satisfy the I-9 for the employer unless you have gone through one of the POEs that hand out temp EA docs or your EAD file has been adjudicated/EAD in hand.

[YuAndDan 153]

K-1 don't need EAD to apply for SSN within 75 days of entry. K-1 DO need EAD in order to work.

My wife was content on waiting for green-card before getting a job so we did not apply for EAD, but that was before the rate increase, and you paid for EAD separately from AOS, so Green-card cost us $395.

Edited October 22, 2007 by YuAndDan

[YuAndDan 153]

K-1 don't need EAD to apply for SSN within 75 days of entry. K-1 DO need EAD in order to work.

My wife was content on waiting for green-card before getting a job so we did not apply for EAD, but that was before the rate increase, and you paid for EAD separately from AOS, so Green-card cost us $395.

Let me rephrase that K-1 Do need EAD in order to work prior to getting the Green-Card.

[misa 2]

Here is a link to the I-9 and required documents: http://www.uscis.gov/files/form/i-9.pdf

[LKDougherty 0]

thank you for the information you helped me with on the k1 work info. do you have any more details on how i can prove to an employor that my fiance is authorized to work? any suggestions?

[misa 2]

thank you for the information you helped me with on the k1 work info. do you have any more details on how i can prove to an employor that my fiance is authorized to work? any suggestions?

If your fiance did not get an EAD stamp at the POE, then they're out of luck and have to wait until they file for and receive either an EAD or GC which they can't file for until after you're married*. See the I-9 I linked.

*Well they can file an EAD now under the category for a K1, but processing is around 90 days and the EAD will only last until the expiration date of the I-94 which is why it's not advisable to file it now and to wait until they can file it AFTER you're married along with AOS.

Edited October 23, 2007 by misa

[LKDougherty 0]

so what if he's already working?

[Jasman0717 9]

so what if he's already working?

Working illegally?

[LKDougherty 0]

Working as in, we were under the impression that K1 was legal to work. We didn't know an EAD was required and the employer didn't ask for one. What will they do?

[Jasman0717 9]

Working as in, we were under the impression that K1 was legal to work. We didn't know an EAD was required and the employer didn't ask for one. What will they do?

I believe an employment authorization document is still required until the beneficiary has adjusted status and is a legal permanent resident.

[LaL 418]

Working as in, we were under the impression that K1 was legal to work. We didn't know an EAD was required and the employer didn't ask for one. What will they do?

I think that is a chance only you, yourself can decide. As far as AOS - working illegally is generally forgiven, however if the employer did not gather the appropriate documents, I really don't know and you will be hard pressed to find someone to advise you in such a way. You have to make the decision whether to cover yourself.

My husband's employer only asked for the inital document, despite it having an expiration date, has never been asked to produced the renewal (which we apply for/receive every year). We apply for it to cover ourselves and to do what is legal according to the rules of USCIS.

[John & Annie 0]

Working as in, we were under the impression that K1 was legal to work. We didn't know an EAD was required and the employer didn't ask for one. What will they do?

I think that is a chance only you, yourself can decide. As far as AOS - working illegally is generally forgiven, however if the employer did not gather the appropriate documents, I really don't know and you will be hard pressed to find someone to advise you in such a way. You have to make the decision whether to cover yourself.

My husband's employer only asked for the inital document, despite it having an expiration date, has never been asked to produced the renewal (which we apply for/receive every year). We apply for it to cover ourselves and to do what is legal according to the rules of USCIS.

The onus is on the employer to verify eligibility.

As LAL did, it would be better for you to apply for EAD with the AOS.