Can I work?

[apple pie 0]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

[TayRivers 4]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

Unless you got a temp EAD stamp at your POE you can not work without an EAD. You need to wait until you have been approved for the EAD that you applied for along with your AOS. You will not be able to complete the I-9 form that all employers ask to be filled out before you start work for them.

If the employer allows you to work with out an EAD they are breaking the law and could be in big trouble.

[Old Dominion 26]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

To be employed legally in the US, you need to wait for the EAD. The SSN does not allow you to work.

[payxibka 10,044]

The second question is can you find an credible employer who will hire you without EAD?

[apple pie 0]

How am I going to wait for the EAD?

How long am I going to wait for the EAD?

[Otto 83]

How am I going to wait for the EAD?

How long am I going to wait for the EAD?

Average is 70-90 days...

[TayRivers 4]

How am I going to wait for the EAD?

Find something else to do while you wait!!!!

How long am I going to wait for the EAD?

Until it is aproved, about 90 days or so

[franksonb 0]

Im in k1 visa from the Phils., i wait until i received my EAD card before applying for a job. i think more than month after my biometrics i received my EAD card. after i received my EAD card, we apply for a change of my surname to my married name at the social security office bec. i got my SSN card before the wedding.

[Muh and me 18]

Don't work with out that ead. Illegal, illegal, illegal!

[olafgypsy 0]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

[payxibka 10,044]

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

The question has always been why does the language refer to "for the employer". To accomplish what you theorize, the sentence should have ended after work. Why did they add those final few words, as it muddies the water....

Edited September 10, 2008 by fwaguy

[TayRivers 4]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

Oh Boy!!!! here we go again.

Good luck with this, you are going to need it, Some employers will not employ someone on a K1 with the EAD stamp in their passport, Without the stamp you stand little chance of being offered a Job.

[cellarlily 0]

Bottom Line: the Social Security office does not govern who is and who is not eligible to work. You can go round and round with this (and many have), but it doesn't matter what the SS website says about work authorization. Those rules are simply to say who is eligible to receive a social security card.

Easiest way to start working is to get married immediately after entering the US, file for AOS and EAD, wait the 90 days for the card and work legally. The whole reason the US citizen has to prove they make enough money to support two (or more) people is for this very reason. Yeah, it stinks not being able to work or earn money, and yes people have a hard time getting by for those 3-ish months with only one income. That's the name of the game.

[rouguewave 7]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

I'm curious, because it was not mentioned in your post or the discussion. Does your SS card have the following printed on it? "Not valid for work without DHS authorization"

If it does have this printed, then you will have to wait for the EAD. If it does not have that printed, then I don't think you will have a problem applying for work. Employers are required to complete a Form I-9 (http://www.uscis.gov/files/form/I-9.pdf) for all employees they hire. There are several combinations of documents that you could provide (SS Card & State ID) that would pass muster.

I'm only exploring this because usually someone who posts these threads mentions that wording from their SS Card. If your's doesn't say that, then I think the debate will shift another way.

[RaTBoX 1]

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally.

Did you even read 8 CFR §274a.[12].[a]?

"Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

How you read that and came out with "So it appears a K-1 fiance does NOT need the EAD stamp to work legally." I just can't work out.

A K1 holder is under the definition of §274a.[12].[a].[6]. Yes they are authorized to work, but to have a job they have to have documentary proof of this. Simply having an unexpired I-94 is only proof of status, not proof of employment authorization. Your employment authorization will either come from a category [a][6] EAD card or an unexpired I-94 with a temporary EAD stamp on it.

Also, the SSA has nothing to do with you being work authorized, they don't control work authorization, approve it or deny it. What they do is internal from USCIS and in no way impacts or dictates any permission to work.

Edited September 10, 2008 by RaTBoX