work authorization question...please help!!!

[m.pis 0]

hey everyone.

My fiancee and i just got married (she on a k-1 fiancee visa)

she was given the temporary 90 day work authorization

we mailed in our packet to the chicago lock box for adjustment of status

and for work authorization.

My question is when her 90day temp work authorization is up on oct. 5th

can she work while they are processing her papers for adjustment of status

and for her new work authorization??? it may be 2 more months!!!

thanks edward--

[TayRivers 4]

hey everyone.

My fiancee and i just got married (she on a k-1 fiancee visa)

she was given the temporary 90 day work authorization

we mailed in our packet to the chicago lock box for adjustment of status

and for work authorization.

My question is when her 90day temp work authorization is up on oct. 5th

can she work while they are processing her papers for adjustment of status

and for her new work authorization??? it may be 2 more months!!!

thanks edward--

She is not authorized to work until she has been approved for EAD and has got the card.

[m.pis 0]

so when her 90 temp work auth. is up she can not work???

that sucks

[TayRivers 4]

so when her 90 temp work auth. is up she can not work???

that sucks

Technically she should not be working with just a temp EAD stamp as it does not meet the requirements of the I-9 that should have been completed when she started work..

[Gary and Alla 3,694]

hey everyone.

My fiancee and i just got married (she on a k-1 fiancee visa)

she was given the temporary 90 day work authorization

we mailed in our packet to the chicago lock box for adjustment of status

and for work authorization.

My question is when her 90day temp work authorization is up on oct. 5th

can she work while they are processing her papers for adjustment of status

and for her new work authorization??? it may be 2 more months!!!

thanks edward--

No she cannot work. The "work authorization" is nothing of the sort. That stamp is valid only with another work visa. The K-1 is not a work visa. Your finacee cannot work and does not have the necessary documents for the 1-9 form until she has her EAD. Yes it can be more than two months. If working immediately is critical, the CR-1 visa provides for that, the K-1 does not.

[Gary and Alla 3,694]

so when her 90 temp work auth. is up she can not work???

that sucks

She cannot work now. The stamp never had any value to her in any case. K-1 is not a work authorized visa. Check out the I-9 form required of all new employees. She had NONE of the documents required by that form.

And it does not "suck". It is exactly what you applied for and agreed to. There are other visa options available to you which allow immediate work on arrival but you CHOSE the K-1.

[Gary and Alla 3,694]

hey everyone.

My fiancee and i just got married (she on a k-1 fiancee visa)

she was given the temporary 90 day work authorization

we mailed in our packet to the chicago lock box for adjustment of status

and for work authorization.

My question is when her 90day temp work authorization is up on oct. 5th

can she work while they are processing her papers for adjustment of status

and for her new work authorization??? it may be 2 more months!!!

thanks edward--

Oh, yes, forgot to mention. If she is working now, both her and her employer are in violation of the law. Such things used to be overlooked (usually) prior to the USCIS clarifying the I-9 forms in February of this year and making it plainly clear a K-1 is not work authorized. I am not sure they will overlook it in the future. And you do have an AOS interview to look forward to. If she is employed now, her employer needs to update his I-9 forms (or start using them) or he is letting himself in for big trouble.