K-1 visa - what exactly does "work authorized" mean?

[zhivago 5]

Hello everyone,

My new wife and I have been filling out the Adjustment of Status paperwork, plus Employment Authorization and Advanced Parole forms, expecting to get her temporary work permit/travel permission card in 2 to 3 months after filing.

Yesterday, we went into the local Social Security Office to apply for a SS number and card for her, and the customer service agent told us that K-1 visa holders are "work authorized". We were perplexed, so she showed us her computer screen that clearly showed that the K-1 visa is a "work authorized" visa. First we were very happy about it, thinking this meant she could work right away with her SS number (as the agent believed), but after some research, I see there has been some confusion on the issue. On another forum, someone even said they had heard it was only for people who came in through JFK as POE, as my wife did, so then why file the I-765? Now we are thinking that "work authorized" as far as the SSA is concerned, only means that one has the ability to apply for employment authorization, unlike a tourist or student visa, and that one has to file the appropriate form (I-765) in any case. Are we right about that?

Thanks for your help!

[Pitaya 2,576]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS processes, past K1~

(organizer hat off)

Yes, the K1 visa is a "work authorized" visa, however that "authorization" must be obtained through the Dept. of Homeland Security (DHS). DHS "authorization" is shown by the issuance by DHS to the alien of either an EAD (usually an EAD/AP (I-765/I-131) combo card), or a Green Card (I-551). The SSA has nothing to do with work authorization, they administer the Social Security bureaucracy.

Good luck on your immigration journey.

[sweet cakes 326]

I believe this is the webpage that the SSA clerk was referring from: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

This only shows a chart where SSA can refer for eligibility of an applicant in getting a SSN. A non-US citizen or permanent resident still has to receive approval from USCIS, which is under DHS, for employment authorization. This approval is in the form of the EAD card or GC [whichever comes sooner].

[zhivago 5]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS processes, past K1~

(organizer hat off)

Yes, the K1 visa is a "work authorized" visa, however that "authorization" must be obtained through the Dept. of Homeland Security (DHS). DHS "authorization" is shown by the issuance by DHS to the alien of either an EAD (usually an EAD/AP (I-765/I-131) combo card), or a Green Card (I-551). The SSA has nothing to do with work authorization, they administer the Social Security bureaucracy.

Good luck on your immigration journey.

I believe this is the webpage that the SSA clerk was referring from: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

This only shows a chart where SSA can refer for eligibility of an applicant in getting a SSN. A non-US citizen or permanent resident still has to receive approval from USCIS, which is under DHS, for employment authorization. This approval is in the form of the EAD card or GC [whichever comes sooner].

Thanks very much to both of you, and thanks for the SSA link. What the clerk showed us was a bit different, I think, with K-1 near the very top of a page, and fewer classifications, but it also showed authorized to work. In any case, what is perplexing from the page is the note about the single asterisk (*). As you can see, the K-1 classification does not have an asterisk, but the K-3 does. Here is the note from the second paragraph:

When an alien listed below has an (*) next to the description, he/she may work only when DHS grants employment authorization and issues an EAD

[Umka36 781]

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

[NigeriaorBust 4,087]

You have 2 separate government agencies ( more actually ) Immigration issues visas that allow you to enter the US to do XXXX Social security issues number for people. Their rules are basically you can issue them to US citizens for any reason or non Citizens that are authorized for work ( there may be other reasons but work is the big one ) So they make a big list of ways to prove you are authorized to work. the K1 and K3 are on that list. However your visa issued does not list work as something you are entering the US to do, it list adjusting status, so the visa directly doesn't authorize you to work it is the adjustment of status that does. 2 places 2 rule books based on the same evidence.

[kehills 217]

When your wife receives her SSN, it will say "valid for work only with authorization" across the top. That authorization is her EAD, until her green card shows up. (Unless of course that's dramatically changed in three months, but I'm gonna go with "it didn't.")

Here's what it looks like: http://img.ehowcdn.com/article-new/ehow/images/a04/7n/3j/security-number-k-visa-holder-800x800.jpg

As for why, others have already explained it pretty well. But basically, immigration made an option that's easier for some people to use to immigrate, but creates more hassle for other branches of the government. :-)

[zhivago 5]

Thanks Umka36, NigeriaorBust, and kehills! All good data. Yes, I think 2 agencies, 2 sets of rules, though I guess USCIS has the trump card. Perhaps the lack of an asterisk next to K-1 on the SSA site was just an omission. Anyway, continuing on with 485, 765 and 131, and looking forward to being done with paperwork, at least for the next couple of years! I understand the Green Card must be renewed at that time. Best to all!