work authorization

[lovica_l 0]

hey guys

i was wondering if my fiance will get work authorization at port of entry?

[Victor&Cory 1]

It depends on the POE. The guides in this site says this:

Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.

Hope this helped clarify your doubt.

My knowledge is limited in these matters sorry to say. But maybe someone with more experience can add to this.

PEACE.......................

[Hell0W0rld 10]

getting temp EAD stamp at the POE is useless because the validity is not very long, if your fiance wants to work, when he gets here file AOS right away long with EAD and AP, etc....

Edited May 7, 2009 by HelloWorld08

[Otto 83]

If your fiancé goes through JFK (New York) then maybe and it will only be valid for 90 days. Not many employers will (rightfully/wrongfully) hire people with this status.

Best bet - enter the US from which ever POE is most convenient, get married and file for AOS/EAD as soon as possible. The EAD will 'only' take somewhere around 70-90 days and is good for 1-year.

[TayRivers 4]

If your fiancé goes through JFK (New York) then maybe and it will only be valid for 90 days. Not many employers will (rightfully/wrongfully) hire people with this status.

Best bet - enter the US from which ever POE is most convenient, get married and file for AOS/EAD as soon as possible. The EAD will 'only' take somewhere around 70-90 days and is good for 1-year.

K1 visa holders can no longer work for the first 90 days after entry even if they get the EAD stamp at POE.. The rules for acceptible proof of employment Authorization for form I-9 (must be completed by all new employees) changed as of the begining of April.

A K1 Visa holder with a EAD stamp on a unexpired I-94 is no longer acceptable as employment authorization. It is only people who have a work visa that is for a specific employer can work with a unexpired I-94 and a foreign passport.

Check out USCIS website for new rules of acceptable documents for the I-9. Or do a search here on VJ as there have been many posts in the last few weeks.

[PhiLandShiR 18]

Quote from Social Security web page:

Question

I have come to the U.S. to marry my boyfriend. My immigration document shows “K-1.” How do I get a Social Security number so I can work?

Answer

I have come to the U.S. to marry my boyfriend. My immigration document shows K-1. How do I get a Social Security number so I can work?

Answer

The K-1 symbol indicates you are the fiancé of a U.S. citizen. As such, you are eligible for a Social Security number and for employment. To apply for a Social Security number:

• Complete an Application For A Social Security Card (Form SS-5); and

• Show us documents proving:

o Immigration status;

o Work eligibility;

o Age; and

o Identity.

If your fiancé goes through JFK (New York) then maybe and it will only be valid for 90 days. Not many employers will (rightfully/wrongfully) hire people with this status.

Best bet - enter the US from which ever POE is most convenient, get married and file for AOS/EAD as soon as possible. The EAD will 'only' take somewhere around 70-90 days and is good for 1-year.

K1 visa holders can no longer work for the first 90 days after entry even if they get the EAD stamp at POE.. The rules for acceptible proof of employment Authorization for form I-9 (must be completed by all new employees) changed as of the begining of April.

A K1 Visa holder with a EAD stamp on a unexpired I-94 is no longer acceptable as employment authorization. It is only people who have a work visa that is for a specific employer can work with a unexpired I-94 and a foreign passport.

Check out USCIS website for new rules of acceptable documents for the I-9. Or do a search here on VJ as there have been many posts in the last few weeks.

[TayRivers 4]

Quote from Social Security web page:

Question

I have come to the U.S. to marry my boyfriend. My immigration document shows "K-1." How do I get a Social Security number so I can work?

Answer

I have come to the U.S. to marry my boyfriend. My immigration document shows K-1. How do I get a Social Security number so I can work?

Answer

The K-1 symbol indicates you are the fiancé of a U.S. citizen. As such, you are eligible for a Social Security number and for employment. To apply for a Social Security number:

• Complete an Application For A Social Security Card (Form SS-5); and

• Show us documents proving:

o Immigration status;

o Work eligibility;

o Age; and

o Identity.

If your fiancé goes through JFK (New York) then maybe and it will only be valid for 90 days. Not many employers will (rightfully/wrongfully) hire people with this status.

Best bet - enter the US from which ever POE is most convenient, get married and file for AOS/EAD as soon as possible. The EAD will 'only' take somewhere around 70-90 days and is good for 1-year.

K1 visa holders can no longer work for the first 90 days after entry even if they get the EAD stamp at POE.. The rules for acceptible proof of employment Authorization for form I-9 (must be completed by all new employees) changed as of the begining of April.

A K1 Visa holder with a EAD stamp on a unexpired I-94 is no longer acceptable as employment authorization. It is only people who have a work visa that is for a specific employer can work with a unexpired I-94 and a foreign passport.

Check out USCIS website for new rules of acceptable documents for the I-9. Or do a search here on VJ as there have been many posts in the last few weeks.

Yes he could work if he has a EAD Card, he could apply for one based on his K1 visa under category A6 he will have to pay $340.00 for it and it will be valid for the 90 days from entry.. It will take USCIS 70 - 90 days to process it and it will be expired or almost expired once he gets it in the mail.

Once the EAD has expired it can not be renewed and the authorization to work expires as well. So he would have to give up work. He would not be authorized to work again until he had applied for EAD along with the AOS and again waited the 70 - 90 days it takes to be processed.

Also any SSN card has a notation on it telling any employer that work is only authorised with INS approval ie. EAD. The SSA does not decide who can and can not work that is done by USCIS.

[TayRivers 4]

(lhamilt @ May 6 2009, 12:02 PM) But as I dig through the SSN instructions/guidance, I'm seeing that the K1 is authorizes the alien to work.

In looking over the SSN Guide, I've found the following under the "For K1 Holders" section:

Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION"

indicating to an employer that you must also have an unexpired

EAD

to be eligible to work.

Unfortunately, I think there was some miscommunication here - EAD is required before one can work.

I have copied this for another thread on the same subject.

http://www.visajourney.com/forums/index.php?showtopic=195600