hi all

i will be entering the US shortly on my K1 visa and I'm confused if I can start a job right away or if i need to do some paper work....confused?

any help would be greatly appreciated

I think this one is a bit of a minefield. I think technically once you've entered the country and received a social security number you are eligible to work. Although once your married and apply for an adjustmant of status you then have to cease working. Sounds pretty stupid but thats my understanding of it, unless anyone else knows better? Probably better off having a quick wedding and applying for the AOS straight away.

You need to AOS asap after your married to get your work permit. The other option for you is. If you fly in JFK airport at POE, you can ask them to stamp your passport for a 90 day EAD, but they dont always give it. Good luck

SSN makes you eligible to work
HOWEVER
DHS needs to grant you EA (Employment Authorization) before you can legally hold a job.

The 90-day p.o.e. stamp I personally feel isn't worth it because at the end of that period, you must cease employment or face possible legal issues.

When you submit your AOS, you can also submit your EAD form and it will be no extra charge. I think the average wait time for EAD is around 60+ days, so plan on 2 months of "toughing" it.

Exactly

You enter on using the K1 and get married within 90 days. Once you are married you file for AOS (Green Card) and included in that fee is AP (Advanced Parole) and EAD (Work Authorization) so you file for those at the same time.

It takes a few months to get your work authorization but once you have it, you are able to seek employment.

You also need a SSN...so about 8 to 10 days after you enter with your K1 visa, go to the local SSN office and apply for one in your maiden name. It only takes a few weeks to get it. You can then later on change the card to your married name.

It's the easier way to do things.

Best of luck!

Ok maybe I misunderstood but I thought you had to have an EAD before you could apply for a social security card??

pretty sure that's not correct... SSN a couple of weeks after arrival, and AOS straight after marriage, is what I see advised in here over and over again

Absolutely.

Hi Sunflower,

As you can see, the whole 'work on a K-1' issue is not very straight-forward.

K-1s are work-authorized and because of that, you are allowed to apply for a Social Security Number but your information must be in the immigration SAVE system as Social Security checks your immigrant status first, and that takes 10 days to 2 weeks after you enter. Your card should be mailed to you within another week to 10 days after you apply. K-1s are work authorized so they can get SSN since some states require SSNs in order to issue a marriage license, and not necessarily so they can work. You are allowed to work - once you have a SSN - for the validity of your I-94. The I-94 will be stapled in your passport when you officially activate your K-1 and is valid for 90 days from entry. It cannot be extended and you must marry within those 90 days. The work authorization expires at the same time as the I-94 so if you are working, you need to stop until you receive an EAD.

There is one major problem with working on a K-1 is that while you are authorized to work, an employer is not authorized to hire you. An employer fills out an I-9 form that verifies the legal immigrant status of all employees. There is a list of eligible documents used to verify that status. EADs are on the list; work-authorized I-94s are on the list ('work-authorized' I-94s have a special stamp on them); K-1 visas are not.

Some Port of Entries will issue a work authorized I-94 to K-1 applicants. JFK is one of those. Unfortunately, a Canadian is not able to fly into JFK from Canada and go through immigration in the States. All Canadian flights ending at JFK have a pre-flight immigration clearance in Canada and that is where the K-1 would be activated, so a Canadian cannot get a work-authorized I-94 by flying into JFK from Canada. There are a few land border crossings that still issue the work authorized I-94 upon request, but they are few and far between.

You can apply for an EAD, but an EAD is issued based upon your immigrant status. If you apply for an EAD before you apply to Adjust your Status from non-immigrant K-1 to immigrant (AOS), it will be based on the K-1 status and will expire at the same time as the I-94. It takes about 90 days to process an EAD so applying for an EAD before AOS is a waste of money as it will, in all likelihood, expire before you even receive it.

After you marry you apply to Adjust your Status from non-immigrant to immigrant. You apply for an EAD and AP (Advance parole) at the same time. An EAD based on an AOS application is valid for a year and can be renewed until a decision is made on the application.

So, those are your employment options. If you can find someone willing to hire you, you can work until your I-94 expires. If you get married quickly and apply right away for the AOS and EAD, you may be lucky and have a minimal interruption of your work, but it is more likely that you would have to stop work until you receive the EAD. It may not be easy to obtain work after you arrive as well unless you already have something lined up.

Hope this helps.

well, if you already have a SSN due to a J1 visa or F1 visa, the POE JFK might be worth it.
I already had a SSN, got married and filed for EAD right away. flew in via JFK, and found a job 7 weeks after arrival. my EAD was approved yesterday, so there should be no gap between the working authorizations.

but if you don't have a SSN yet, it might not be worth it. but it is REALLY worth to get married and file for AOS right away.

I had my SSN card in hand before applying for EAD.

Got married 6 days after entering the US.
Applied for SSN one month later.
Received SSN card 8 days later.
Sent in AOS/EAD/AP a month after that.

If you can afford to do so, I personally recommend not worrying about getting work until your EAD card is in hand, just to give you a chance to settle in and get used to your new surroundings. But that's just me.