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Lena & Sasha

post k-1 adjustment of status work authorization

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Filed: K-1 Visa Country: Ukraine
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Hey- My husband came here on a K-1 visa and is currently working on his I-94 which expires in two weeks. We are sending off our adjustment of status package this week.

Am I correct in thinking he must STOP working for 90 days or so while we wait for his EAD? Is there a way to expedite the process or get something temporary for now? Thanks so much... Elena

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Hey- My husband came here on a K-1 visa and is currently working on his I-94 which expires in two weeks. We are sending off our adjustment of status package this week.

Am I correct in thinking he must STOP working for 90 days or so while we wait for his EAD? Is there a way to expedite the process or get something temporary for now? Thanks so much... Elena

Actually as of April this year he is NOT supposed to be working at anytime before he receives his EAD, but that is an argument that has been gone over and over here on VJ and you will get many different answers to your question.

Good Luck

Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

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Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hey- My husband came here on a K-1 visa and is currently working on his I-94 which expires in two weeks. We are sending off our adjustment of status package this week.

Am I correct in thinking he must STOP working for 90 days or so while we wait for his EAD? Is there a way to expedite the process or get something temporary for now? Thanks so much... Elena

Lena, your husband is working illegally now. Despite the stamp on his I-94, he is not authorized to work. The I-9 was changed in February of this year and they started enforcement in April. No doubt your husband's employer either had an old issue of the form or did not use one..illegal in itself.

There is no possible way for a K-1 to work legally absent another visa allowing work, the K-1 does not. DO NOT be fooled by information from the SS Administration. They do not determine work eligibility, the DHS does. That's why his SS card says "not valid for work without DHS authorization" THAT would be the EAD

SS security classifies the K-1 as "work eligible" only so that they can get a SS card which was previously required by some jurisdictions for a marriage license to be issued. There was no other way on the "system". This is why K-1s can get an SSN but K-3s and K2/k4s cannot. Do you really think they will let a "fiance" work legally and not someone's wife or husband when they arrive? Those visa classes never had to get married to fulfill the visa and never needed an SSn before filing for AOS. It has now been cleared also that states CANNOT require a person to have an SSN to get a marriage lisence so the need for a K-1 to have one has evaporated. One day the SS administration will catch up and change the policy.

I am not going to tell you what to do, but I will inform you your husband is unquestionably working illegally. Before the I-9 was changed in February the USCIS used to overlook these things since the form was not clear...now it IS clear. K-1s cannot work until EAD or green card. I do not know if they still overlook such violations.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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