Some' special about New York port of entry???

[B'sA 0]

Hi!

I hurd today that it's in New York you can have a stamp in the passport that allows K1's to work as long as the visa is valid even without EAD.

Is it only in New York 'though?

[Zee Bee 61]

I have only heard of people getting the temp EAD from JFK.

[ViVi and JimJim 0]

Right!! I got it (POE: JFK)

They will stamp the work permit at the back of the I-94 card.

But be frankly, not much useful!! Only valid 90 days same as the K-1 visa expires...

Too short and then we need to wait until the EAD new card is issued, then you may continue to work.

What boss will hire u?

<That's why I've been unemployed for 6 months already...so bored at home>

On the other hand, be positive!! See this as taking a break...Not an often chance can take rest so long...once got a job, crazy workaholic days will be back!!

[Eric-Pris 1,606]

If you can get the temp work stamp at JFK, and marry and file AOS/EAD/AP paperwork within the first few days, it's likely you will get your EAD back before your temporary expires.

That's the plan I have with my fiancee who is coming in a little less than 2 months.

Edited March 24, 2008 by kid brooklyn

[B'sA 0]

If you can get the temp work stamp at JFK, and marry and file AOS/EAD/AP paperwork within the first few days, it's likely you will get your EAD back before your temporary expires.

That's the plan I have with my fiancee who is coming in a little less than 2 months.

Yep, this is what we're going to do to,because 3 months of sitting at home and doing nothing don't sound like fun.

Good luck, guys!

[Robyn-n-Kris 72]

Yep this is what we are going to do as well. Most of what i've seen the EAD in most instances is issued w/in the 90days. So no major delay if any at all.

[Neonred 3,567]

And remember if you continue to work after marriage and before AOS or receiving the EAD it will be forgiven at the time of AOS. I have not heard of many employers that were keeping track of the 90 day limit. If they don't say anything or don't know then just keep on working.

Remember that the K-1 visa holder IS work authorized without needing any stamp at POE.

[B'sA 0]

Remember that the K-1 visa holder IS work authorized without needing any stamp at POE.

Wait a second, is it true???

I can work without a stamp from JFK until my k1 is valid???

[reeses16 8]

No, you can not work based on your K1. It is a common misconception. As a K1 holder you can get a social security number SSN & card. Your card will say something to similar to "Authorized for Work with DHS approval." The DHS approval they are referring to is a work permit (EAD), green card, or temp EAD. You will need your SSN and work authorization in order to be legally employed.

Edited April 3, 2008 by reeses16

[I'm Gone 60]

Remember that the K-1 visa holder IS work authorized without needing any stamp at POE.

Not this again. LOL

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service

[I'm Gone 60]

And remember if you continue to work after marriage and before AOS or receiving the EAD it will be forgiven at the time of AOS.

Yeah and you probably won't go to jail the first time for shoplifing, but it's still ilegal.

[RaTBoX 1]

I don't know where this thought of working out of status being unforgiven has come from.

Edited April 3, 2008 by RaTBoX

[tom_g 3]

I don't know where this thought of working out of status being unforgiven has come from.

USCIS haven't generally, in the past, taken action against individuals who admit during AOS to working illegally

that is, literally, the only truth there is. They MIGHT take action, they COULD take action, they possibly even WILL take action one day. They might single you out simply because they don't like your attitude and take every action they possibly can against you.

You want to live outside the law, you take your own chances. And that includes living inside your sketchy interpretation of the law - which is what someone working on a K1 without EAD would be doing.

[FaustInAK 1]

It sounds like a pretty good news:

I've just met someone who didn't get any EAD stamp at her POE, but she told that once she got her SSN, she had been allowed and able to get a job!!!

She didn't have any troubles, because apparently all this was totally legal...

So, I now seriously doubt about the necessity of getting an EAD stamp at JFK.

Before hearing that someone had found a legal job with her only K1 and SSN, I called the POE I'd like to enter at and they told me they don't issue the stamp anymore, that immigration services had changed their system last summer and that even at JFK, it is now rare that they give the stamp, as they have decided to stop issuing it.

So, I don't know what to think!! But this person is the proof that K1 holder can work, espeically after getting SSN, and that no EAD stamp was required.

[tom_g 3]

But this person is the proof that K1 holder can work, espeically after getting SSN, and that no EAD stamp was required.

no, its proof that this person managed to convince the employer that they were allowed to work. The counter-proof to your correspondant's claim is the hundreds of thousands of K1 visa entrants who wait for explicit work authorization before they start to work.

The K1 is only "work authorized" by the SSA - just to get an SSN number. The K1 is not work authorized by USCIS, thats why when adjusting status from K1 you may also apply for an EAD as an interim benefit.

if you choose to go down the route of trying to convince an employer that you're work-authorized by pointing out semantic and lexical gaps in clauses and phrases that you find on SSA and USCIS paperwork and memos, you're well in line for a nasty surprise.