No Work Authorization on a K1 Visa (Need EAD)

[mr_s_p 1]

I posted this on another topic, but figured I'd bring this out into the open in a new topic...

"To add to the other posts...

I have researched the "I-9" and the "Handbook for Employers" (M-274)

Here's the URL for the I-9: http://www.uscis.gov/files/form/i-9.pdf

and for the Handbook for Employers: http://www.uscis.gov/files/nativedocuments/m-274.pdf

The explanation in Part 8 of the Handbook for Employers, particularly List A:

"Unexpired foreign passport which: ... has attached to it a Form I-94 bearing the same name as the passport and containing an employment authorization stamp..."

This is pretty much cut and dried... no room for ambiguity here.... "

Hope this clarifies...

[Dr_LHA 3]

Bingo.

[kitkat1 5]

GREAT WORK.

This needs to be pinned in the K1 forum and Working/Traveling Forum to put an end to the speculation and attempts to prove otherwise.

[Dr_LHA 3]

Pinning would be nice. I give it another month before some smart ####### comes back here quoting the SSA website again. I guess I must have been on this website too long, it seems like things just repeat over and over again.

[Johnnie Oz 0]

Pinning would be nice. I give it another month before some smart ####### comes back here quoting the SSA website again. I guess I must have been on this website too long, it seems like things just repeat over and over again.

Bingo?

C'mon, folks! Why ya gotta be so smug?

Is this the famed solidarity of the elite?

Can't you see why it's counter-intuitive for us?

That K1s are automatically work authorized in theory but are in fact treated the same as K3s who are not automatically authorized, but allowed to IF they apply for the EAD. It makes a lot of sense that a K1's I-94 without a stamp is the only EAD necessary, both to get the SSN and then to work. So much sense in fact that I still believe it even though I've read the handbook and I-9 form. The language may leave little room for doubt, but it makes no sense when taken together with other language the purpose of the K1 visa.

The K1 is the more likely to stay right away and may need to work sooner. The K3 may just need a SSN to open bank accounts, get a driver's license etc. Yet they have to wait for the SSN since they can't apply for one until they get an EAD, which they don't get automatically. Talk about making it hard for both by turning things on their head!!

So the K3 is applying for an EAD just to get a SSN and become work authorized, while the already authorized K1 is applying for what they already have? Hello Kafka...

I replied to Dr LHA in the other topic thread I inadvertently started.

But yeah, go ahead and pin it. This "smart #######" will get wiser still....

[Dr_LHA 3]

A wise man listens to his peers and people more experienced than him. It doesn't seem to like you're getting any wiser.

Hello Kafka...

What was the name of Kafka's unfinished final novel again?

[Johnnie Oz 0]

BTW, that handbook is ancient.

Guess, it's still valid since it's on the site - can't tell if it's been updated. But it's signed by Gene McNary, INS (!!!) commissioner from 1989-1993!!

K1 came into existence in 2000 or so. Were there similar visas at the time, i.e. visas that were automatically work authorized without an INS stamp or any other document? I have no idea, but if not then isn't this a potentially new situation? Writing to DHS is pointless, but I'll do it anyway.

cheers

[Dr_LHA 3]

BTW, that handbook is ancient.

Guess, it's still valid since it's on the site - can't tell if it's been updated. But it's signed by Gene McNary, INS (!!!) commissioner from 1989-1993!!

If the handbook needed updating it would have been. The rules in there still apply to today.

K1 came into existence in 2000 or so.

Wrong. K-1s were around before 2000, for a long time. I'll give you proof too, here is a usenet post from 1994, which refers to the K-1 visa (look for "k1"):

http://groups.google.com/group/alt.visa.us...d48d314f960ab36

Writing to DHS is pointless

It certainly will be!

[Johnnie Oz 0]

.

K1 came into existence in 2000 or so.

Wrong. K-1s were around before 2000, for a long time. I'll give you proof too, here is a usenet post from 1994, which refers to the K-1 visa (look for "k1"):

http://groups.google.com/group/alt.visa.us...d48d314f960ab36

My bad (again). Just thought the 2000 LIFE act also changed the terms of the K1, while among other things creating the K3?

That's why I was thinking that there were rules and regs surrounding the K1 that weren't reflected in the handbook from the late eighties/early nineties.