How to go through customs at JFK if coming from Canada?

[KimandRuss 0]

JFK, and rarely other poe's, will sometimes issue an EAD stamp that is good for 90 days.

K1's are actually authorized to work in the U.S. already but most, including employers, are uneducated and mistake the wording in the law.

There are posts all over vj regarding this but here is one from just yesterday with a link to the exact law.

[luv2teach77 41]

Edited to remove the slew of innacurate info I just posted.... My bad !!

Edited March 27, 2008 by luv2teach77

[KimandRuss 0]

Edited to remove the slew of innacurate info I just posted.... My bad !!

cute!

[payxibka 10,044]

I have just read on the UCSIS website that when the K1 fiancee arrives at the major port of entry (ie: JFK) the immigration officer can issue her with a 90day work visa to allow her to work whilst in the country on the K1.

From the *vibe* of the article it didnt seem like this was common practice...more so if the K1 Fiancee requested it.

Does anyone know anymore info on this? Obviously, if the fiancee could legally work whilst as a k1 (before the AOS comes through) it would be a big plus!!

cheers,

thanks in advance

It is not a work visa but a work authoriztion stamp that is placed on the alien's I-94. Many employers may shy away from a person with only 90 days authorization (unless maybe a temp or seasonal position) because they have potential for an authorization "gap" and will have to stop until re-authorized.

[luv2teach77 41]

Edited to remove the slew of innacurate info I just posted.... My bad !!

cute!

As soon as I read your post I realized that my information on this subject is missing a few key facts. I'm man enough to realize when I'm wrong and wouldn't want to mis-inform anyone.

Thanks for the education

[Ms. Hellwig 0]

Well, HOLY TOLEDO!!! Another invaluable piece of information. I don't what I would do without this board sometimes. Yesterday I got a great tip for my fiance to renew his passport before he gets here and now this tidbit.

At least my obsessive checking of the board pays off. Now if only I would get some sign of approval from CSC on the NOA2........

[StillThePrettiest 3]

Yes, self employed, any type of employment must have EAD...you will have to stop working and wait for the other EAD to go through.

Sorry

Remember that K-1's are authorized to work in the US without the stamp. I'm sure that's why most POE's don't bother with the stamp. Wouldn't make sense that the people entering through JFK where some how "special" and were the only people work authorized.

Read https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Read employment authorization by class of admission.

The biggest problem will be convincing your ignorant employer that you are authorized.

Also you don't necessarily need to quit after 90 days unless you are asked to up front... any problem with working after the 90 days is automatically forgiven at AOS.

it seems to me that these two posts contradict each other... does anyone have any idea which of them is correct? or if neither of them are, what the truth is?

[payxibka 10,044]

Yes, self employed, any type of employment must have EAD...you will have to stop working and wait for the other EAD to go through.

Sorry

Remember that K-1's are authorized to work in the US without the stamp. I'm sure that's why most POE's don't bother with the stamp. Wouldn't make sense that the people entering through JFK where some how "special" and were the only people work authorized.

Read https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Read employment authorization by class of admission.

The biggest problem will be convincing your ignorant employer that you are authorized.

Also you don't necessarily need to quit after 90 days unless you are asked to up front... any problem with working after the 90 days is automatically forgiven at AOS.

it seems to me that these two posts contradict each other... does anyone have any idea which of them is correct? or if neither of them are, what the truth is?

The first is technically correct... the second is correct from a practical standpoint with the additional knowledge of the automatic forgiveness

[Eric-Pris 1,602]

Yes, self employed, any type of employment must have EAD...you will have to stop working and wait for the other EAD to go through.

Sorry

Remember that K-1's are authorized to work in the US without the stamp. I'm sure that's why most POE's don't bother with the stamp. Wouldn't make sense that the people entering through JFK where some how "special" and were the only people work authorized.

Read https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Read employment authorization by class of admission.

The biggest problem will be convincing your ignorant employer that you are authorized.

Also you don't necessarily need to quit after 90 days unless you are asked to up front... any problem with working after the 90 days is automatically forgiven at AOS.

it seems to me that these two posts contradict each other... does anyone have any idea which of them is correct? or if neither of them are, what the truth is?

The first is technically correct... the second is correct from a practical standpoint with the additional knowledge of the automatic forgiveness

I disagree.

No offense to Laura and Nick, but according the website referenced above, a K-1 does not need any EAD documentation to legally work. So you wouldn't have to stop working after your K-1 expires and before you receive your permanent EAD.

On that website it says: The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

So it looks like a K-1 isn't even supposed to get a temporary stamp at POE according to this.

Edited March 27, 2008 by kid brooklyn

[Izoom 0]

Hmm, so if thats true, that would make life easier on those immigrating. I find it hard to imagine that they would have people start work, stop, and then start again. I can understand the illegal issues with illegal immigrants earning money and using taxpayer's services, but for the legal people, thats a sin. So is there a 100% ruling on this...can work once arrive or wait till EAD?

[Steve and Amara 0]

[size="3]I know what you mean! This forum is fantastic. Sometime I feel like we are chasing our own tail when compling the the info needed for the I-129F Petition... I bombard the forum with questions, always to be met with a speedy reply!!

Thanks so much for all the info, links and suggestions!!

Not long now until we send off our I-129F.

xx [/size]

Edited March 27, 2008 by Steve and Amara

[Forever Young 1]

Yeah...but here's the trick...must places want a SSN when applying for work! Even if you go down to the SSN office the day after your fiance(e) gets here they need to verify that your SO is eligible to get an SSN with USCIS...according to Social Security this could take 6-8 weeks, then another 2 weeks to get the actual card!

So when all is said and done your fiance(e) has 2 weeks to work legally before the 90 day K1 expires!

Hey, but I'm going for it anyway...nothing ventured...

Good luck!

Blessed,

Gill

[True Love at Last 15]

I have just read on the UCSIS website that when the K1 fiancee arrives at the major port of entry (ie: JFK) the immigration officer can issue her with a 90day work visa to allow her to work whilst in the country on the K1.

From the *vibe* of the article it didnt seem like this was common practice...more so if the K1 Fiancee requested it.

Does anyone know anymore info on this? Obviously, if the fiancee could legally work whilst as a k1 (before the AOS comes through) it would be a big plus!!

cheers,

thanks in advance

My husband came from Egypt to JFK and they gave him the Temp Work Stamp without asking. Its on the back of his I-94. He came December 2005

[Steve and Amara 0]

okay so i've done a little more reading, and your right, your K1 is legally able to work (with or without the stamp on the I-94). But SOME employers will ask for the SSN, which can be issued temporarily, but again this takes time...and money.

From what I have read it is better to save the money for the AOS and dont bother applying for the temporary SSN becasue as stated above by Gill, it may only be reieved a few days/weeks before the K1 90 days expires.

Cheers!

[Kathryn41 3,205]

I believe that this is a very recent change - within the last few months. The problem still occurs that employers don't know about this right and will insist on seeing one of the documents from their list of work entitled documents - the K-1 is not listed; the employment stamp is. They are required by law to verify the legal employability of every employee. This is where many run into problems.