Is k-1 good as a work permit for 90 days?

[ramzis51 0]

I here conflicting reports: 1) you have to ASK for a work permit at JFK or 2) your k-1 authorizes you to work for 90 days. The information is very confusing --- HELP, thanks,

[payxibka 10,045]

Actually, I think the answer is yes to both of your questions... Well except you usually don't have to ask for it as thye seem to give it out freely but that may change as there are some changes to the I-9 requirements which may make question #1 obsolete, but that is yet to be determined.

[desert_fox 32]

I here conflicting reports: 1) you have to ASK for a work permit at JFK or 2) your k-1 authorizes you to work for 90 days. The information is very confusing --- HELP, thanks,

A K-1 visa only authorizes you to apply for EAD, which will be approved. But why bother, by the time you receive it, your I-94 will be expiring, and you would have to re-apply as a separate part of your AOS petition.

[Otto 83]

I here conflicting reports: 1) you have to ASK for a work permit at JFK or 2) your k-1 authorizes you to work for 90 days. The information is very confusing --- HELP, thanks,

Typically you don't have to ask for it at JFK - they'll stamp the passport almost as a matter of routine. (Known as a temporary EAD.)

The K-1 doesn't allow you to work - for any period of time - it allows entry to the US for the purposes of marriage.

The temp. EAD stamp would allow work - however it is difficult to accomplish since many employers may not want to hire someone who is only authorized to work for such a short period (and various other reasons that are kind of understandable).

Best bet - get married, get social security card - file AOS/EAD as quickly as possible and use the interim (70-90 days or so) to become familiar with new surroundings and getting settled.

[payxibka 10,045]

Typically you don't have to ask for it at JFK - they'll stamp the passport almost as a matter of routine. (Known as a temporary EAD.)

Actually they stamp the I-94

The K-1 doesn't allow you to work - for any period of time - it allows entry to the US for the purposes of marriage.

I think some will argue your strict interpretation as your K-1 status that you are granted upon arrival is a little more than what you indicate (for example, if K-1 status was not work authorized then SSA would not issue a SSN)

[YuAndDan 153]

If you read carefuly the documentation that an employer needs to see to verify employment authorization in form I-9 instructions it says.

Per form I-9 used by employers.

LIST A Documents that Establish Both Identity and Employment Eligibility

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

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

The employer needs to know that K-1 is work authorized for the 90 days of the I-94, after that EAD card or green-card is required to work.

This has come up recently:

http://www.visajourney.com/forums/index.ph...c=97730&hl=

http://www.visajourney.com/forums/index.ph...c=96923&hl=

[ramzis51 0]

If you read carefuly the documentation that an employer needs to see to verify employment authorization in form I-9 instructions it says.

Per form I-9 used by employers.

LIST A Documents that Establish Both Identity and Employment Eligibility

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

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

The employer needs to know that K-1 is work authorized for the 90 days of the I-94, after that EAD card or green-card is required to work.

This has come up recently:

http://www.visajourney.com/forums/index.ph...c=97730&hl=

http://www.visajourney.com/forums/index.ph...c=96923&hl=

He already has a SS# and he has a job waiting for him here at the university.

[Melyssa 0]

I think some will argue your strict interpretation as your K-1 status that you are granted upon arrival is a little more than what you indicate (for example, if K-1 status was not work authorized then SSA would not issue a SSN)

There also would not be a field on the application that says "Legal alien NOT allowed to work."

I am doubtful that a K1 authorizes people to work; if so, there would be no point in making K1's apply for EAD. Although I wish it were true, I don't plan on taking that risk by working if it may be illegal. I don't think the instructions are entirely clear.

Edited November 30, 2007 by Melyssa

[Melyssa 0]

I think some will argue your strict interpretation as your K-1 status that you are granted upon arrival is a little more than what you indicate (for example, if K-1 status was not work authorized then SSA would not issue a SSN)

There also would not be a field on the application that says "Legal alien NOT allowed to work."

I am doubtful that a K1 authorizes people to work; if so, there would be no point in making K1's apply for EAD. Although I wish it were true, I don't plan on taking that risk by working if it may be illegal. I don't think the instructions are entirely clear.

Hmm, unless it would authorize them to work for just 90 days.

I'm not sure which is true - just saying I'm doubtful K-1's can work, although it definitely would make it so much easier for all of us!

[YuAndDan 153]

He already has a SS# and he has a job waiting for him here at the university.

SSN alone does not give work authorization, DHS gives work authorization by either a work authorized non immigrant visa, EAD card, Green-card, or US Citizenship.

[rebeccajo 14]

K1's are authorized to work. Always have been.

But they have to have a 'document issued by the service' authorizing them to do so.

In other words, the visa itself has to be endorsed (ie JFK POE) or they have to have an employment authorization document.

I don't believe that these new changes to the I9 instructions obviate that fact. Again, here's the new language:

"An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer".

When reading this, take immigration out of your mind. The service issues visas for people who don't necessarily want to live here, after all. Also remember that the language written here (if you want to think about immigration) doesn't apply to just family based immigration. It applies to all categories, including employment based.

It's my take these 'new words' don't authorize a K1 to work without endorsement anymore than previously. In fact, I think the language has been clarified for those entering on work visas, including any future 'migrant visas' our government will issue in years to come after immigration reform eventually becomes law.

[StoryAngel 4]

He already has a SS# and he has a job waiting for him here at the university.

SSN alone does not give work authorization, DHS gives work authorization by either a work authorized non immigrant visa, EAD card, Green-card, or US Citizenship.

True, but check this out:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an

EAD

."

K1 is on this list.

I certainly had taken this, and the above info on the newly-altered I-9, to mean that you CAN work with your K1 unexpired I-94. It's what I'd been planning to do, but like ramzis51 and others I want to check it's legal first. Don't want to create any problems at AOS.

They don't make it easy to figure out, do they!!

[desert_fox 32]

Even with the language change on the I-9, you will still need an EAD card, unless your visa was endorsed at the POE (like JFK) as authorized to work.

up to 90 days to get a card...I-94 will expire in 90 days. You may actually get a few weeks of work in, before you will have to quit the job and apply again thru AOS and wait again.

[Jesse and Hema 2]

Best bet - get married, get social security card - file AOS/EAD as quickly as possible and use the interim (70-90 days or so) to become familiar with new surroundings and getting settled.

Exactly... And on a more personal note, in most cases the U.S. Citizen is completely able to support the new family member for a few months, and a second job in the household is probably not an urgent issue. The immigrant has (usually) just left behind their culture, job, family, and environment to move to a new country. I'd suggest that the immigrant not rush into employment, but instead allow a generous amount of time just for acclimation (and don't forget romance!!).

[*JG* 2]

Best bet - get married, get social security card - file AOS/EAD as quickly as possible and use the interim (70-90 days or so) to become familiar with new surroundings and getting settled.

Exactly... And on a more personal note, in most cases the U.S. Citizen is completely able to support the new family member for a few months, and a second job in the household is probably not an urgent issue. The immigrant has (usually) just left behind their culture, job, family, and environment to move to a new country. I'd suggest that the immigrant not rush into employment, but instead allow a generous amount of time just for acclimation (and don't forget romance!!).

Wow....I wish that were the case for us.

I do have to agree with getting acclimated while you are waiting since you have little control over it.