Hi all! Can someone please clarify this for me....

I saw this link on the "how to get an SSN guide" https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument and paying attention to section C, it says:

1. Aliens Work Authorized Without Specific INS Authorization
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

and K-1 is in that list.

Questions:

1. Can a K-1 holder work without applying for the EAD?
The way I understood it is that the alien can work eventhough the I-94 does not have the employment stamp and the alien will not have an EAD.


2. If the alien marries the petitioner, pending the AOS, he/she is still under K-1 visa? If so, can he/she still work under the condition quoted above?

Quite confusing...

Yes, the alien can work without applying for EAD but has to wait for the Greencard first (which is then the EAD). ONly with the I94 I don't see any chance that the alien can work.

You can apply for a SSN and the card will have a note on it that says "Valit with INS/DHS authorization only" which a potential employer will want to see if your spoiuse applies for jobs.

you can have a scoial security without work permit because you are a k-1 visa holder BUT when you aplly for a job they will ask you for work permit so that means you will need a work permit.
your second question's answer
you are still a k-3 visa holder and your AOS is approved then you are a permenant resident.

from my understanding of K1, (im K3 so ours is a little different), you do have employment authourisation while your visa is current ie the 90 days...
After this time you have to apply for the EAD.

Im sure others will actually clarify properly

sillygirl,

A K1 is authorized to work (EA) but in most cases does not have a document showing that they are authorized to work (EAD).

The instructions for form I-9, which employees and employers must complete to document an employee's employment authorization status, tells us that if a person is EA but does not have an EAD
- they must show a receipt for applying for an EAD within 3 days, and
- they must show the EAD itself within 90 days.

So, my interpretation is that a K1 can work without having an EAD as long as they've applied for one. Up until their 91st day in the USA. At that point they are no longer EA as a K1.

The interpretation that is important is the employer's interpretation, because the employer is the one who is held responsible.

Yes, it is confusing.

Yodrak

I've been looking at this too - let us know if you are successful in getting a job without the EAD. I agree with Yodrak but what do I know? lol.

Mo

Thank you all!

Applied for my SSN this morning.

I don't know if I will apply for a job (or if i can even get one) as soon as I get my SSN card. I am really considering it though. Being cooped up in the apartment all day is getting kinda boring. i can't go out 'coz I dont have a driver's license yet and there is no public transport here.

if you enter as a K1, you will still need to apply for the EAD in order to work. But why bother, since you will be getting married and would have to apply for another one. Fluke in the law that wasnt well thought out.

Ive read that some POE's