K-1 Visa Holder - Ability to Work

[Gary and Alla 3,694]

The Supreme Court rules last year that staes cannot require a person to have a SSN to get a marriage lisence, so even that reason is gone and someday SS will catch up and stop issuing SSNs to K-1s.

That's new to me, what was the reason for their decision? Was it directly related to those of us who were involved with the K1?

It was a case in TN. The Supreme court ruled that as the marriage itself has no bearing on immigration status and that it is unconstitutional to require a SSN or proof of legal presence in the USA to get married. the CAN require some documentation of identity.

[Gary and Alla 3,694]

You need EAD, final answer. K-1 cannot legally work without EAD or green card.

SSN can be issued to a K-1 visa holder without EAD or green card but has black print " VALID FOR WORK ONLY WITH DHS AUTHORIZATION ".

Once you get your EAD you can work with SSN. Once you get your green card you must go in to SSN office and get your SSN changed.

Is this something new for 2009? Because I know back in 2008 when we came to the US through JFK we got a 3 month EAD stamp on the I94. Employment authorized for three full months. We did get the SSN and yes, the card does have that awful "valid for work only with dhs authorization" thing on it but the EAD stamp in passport is DHS authorization. Are they no longer giving the EAD stamp at POE?

Yes and no and Yes. They still give the stamp to most anyone.

It was never "legal" for a K-1 to work. The wording of the I-9 was vague and unclear and because of that they could not enforce the law against it, so therefore you could "get away" with it. No legislation was changed, so there is no new "law". It is merely a clarification of an existing law. The stamp is useless without another form of work visa. The K-1 is not and never has been a work visa.

You need EAD, final answer. K-1 cannot legally work without EAD or green card.

SSN can be issued to a K-1 visa holder without EAD or green card but has black print " VALID FOR WORK ONLY WITH DHS AUTHORIZATION ".

Once you get your EAD you can work with SSN. Once you get your green card you must go in to SSN office and get your SSN changed.

Is this something new for 2009? Because I know back in 2008 when we came to the US through JFK we got a 3 month EAD stamp on the I94. Employment authorized for three full months. We did get the SSN and yes, the card does have that awful "valid for work only with dhs authorization" thing on it but the EAD stamp in passport is DHS authorization. Are they no longer giving the EAD stamp at POE?

Yes and no and Yes. They still give the stamp to most anyone.

It was never "legal" for a K-1 to work. The wording of the I-9 was vague and unclear and because of that they could not enforce the law against it, so therefore you could "get away" with it. No legislation was changed, so there is no new "law". It is merely a clarification of an existing law. The stamp is useless without another form of work visa. The K-1 is not and never has been a work visa.

[tony1343 0]

Thanks. That confirms what I thought.

Hopefully the Social Security Office continues to give K-1's a SSN in the future. Like someone said above, it makes getting bank accounts, etc much easier to open.

Kind of stupid that K-1's can't just work right away. It's not a work visa, but they are going to be able to get a green card. Just a requirement to fill out more paper unnecessarily. Also helps stereotypes come true, where the fiancee (who is probably typically a woman) is basically required to become a housewife (or the fiancee equivalent I guess).

My fiancee is getting restless. doesn't look like it's worth trying to get an EAD until we marry. Maybe we'll look into some classes to keep her busy.

[Gary and Alla 3,694]

Thanks. That confirms what I thought.

Hopefully the Social Security Office continues to give K-1's a SSN in the future. Like someone said above, it makes getting bank accounts, etc much easier to open.

Kind of stupid that K-1's can't just work right away. It's not a work visa, but they are going to be able to get a green card. Just a requirement to fill out more paper unnecessarily. Also helps stereotypes come true, where the fiancee (who is probably typically a woman) is basically required to become a housewife (or the fiancee equivalent I guess).

My fiancee is getting restless. doesn't look like it's worth trying to get an EAD until we marry. Maybe we'll look into some classes to keep her busy.

Classes are excellent. Alla began her college education here just 5 days after arriving. Also volunteer work is something to keep people busy and expose them to US society. Hospitals and Universities are great sources for volunteer work

[AdamF 1]

Hi all,

I hope this is relevant enough to not be considered a hijack, but:

what is the approximate timeline between filing for AOS/work authorisation and receiving the work authorisation?

Does work authorisation typically arrive before the AOS is complete?

Thanks in advance,

Adam

[Darnell 8,479]

Tony - I recommend (to keep her 'busy' ) - volunteering, and attending a toastmasters guild meeting ( www.toastmasters.org ) . With both, she'll make PERSONAL INROADS now, that will be useful when she's looking for a job, later.

[AdamF 1]

Hi all,

I hope this is relevant enough to not be considered a hijack, but:

what is the approximate timeline between filing for AOS/work authorisation and receiving the work authorisation?

Does work authorisation typically arrive before the AOS is complete?

Thanks in advance,

Adam

To answer my own question (in case anyone else stumbles across this looking for the answer), the processing times can be seen here: https://egov.uscis.gov/cris/processTimesDisplay.do .

The timescale will depend on the Service Center you're using. As an example, the Vermont Service Center is currently saying 3 months to issue work authorisation.

Regards,

Adam

[Eric & Jin 10]

Hi all,

I hope this is relevant enough to not be considered a hijack, but:

what is the approximate timeline between filing for AOS/work authorisation and receiving the work authorisation?

Does work authorisation typically arrive before the AOS is complete?

Thanks in advance,

Adam

To answer my own question (in case anyone else stumbles across this looking for the answer), the processing times can be seen here: https://egov.uscis.gov/cris/processTimesDisplay.do .

The timescale will depend on the Service Center you're using. As an example, the Vermont Service Center is currently saying 3 months to issue work authorisation.

Regards,

Adam

Just to give you an idea of the current timelines - my wife recently applied for AOS and received her EAD about 6 weeks later.

[tony1343 0]

Thanks for all the helpful responses.

My fiancee should be getting her SSN in the next couple of weeks. Then I'll be able to get her a bank debit card (right now she's just been using my credit card I had issued with her name and cash). I hear it is possible to get a bank without SSN, but probably not worth the effort. Once we get her signed up with the bank, we'll have to look into international transfers and all of that.

Also, she's signed up for English classes and starting Monday. The local community college couldn't start her until the summer, so they referred her to some free organization. So looks like she'll go there for several months, before switching. If this free school and then community college are no good, there's another college with an ESL program we can switch her too. But the price goes from Free or several thousand a year to more like $15,000 a year. Hopefully, the free and community college work out . I think we will just apply for the work authorization after we get married. Once her English is a little better, she'll try to find a job or go to normal college (or maybe both part time).

I guess next we should look into volunteer opportunities.

[Darnell 8,479]

Hey Tony - any news or updates?? How's it going?

[Gary and Alla 3,694]

That's new to me, what was the reason for their decision? Was it directly related to those of us who were involved with the K1?

The ruling was in response to a Tennesee couty that denied marriage to an illegal immigrant. The court ruled that marriage grants no immigration benefit, and legal presence nor participation in the SS system was not required.

It is directly related only that K-1s can no longer be required to obtain an SSN before getting a marriage licens. The ONLY reason the SS Administration classified K-1s as "work eligible" was to default the system to give them an SSN so they could get a marriage license where needed. I imagine one day that the SS administration will catch up and stop issuing SSNs to K-1s until after they have an EAD or green card...the same as they do for K2, K-3 and K-4 visa holders, none of which need to get married and none of which had any reason for an SSN before adjusting status.

[Necmi&Annette 0]

The ruling was in response to a Tennesee couty that denied marriage to an illegal immigrant. The court ruled that marriage grants no immigration benefit, and legal presence nor participation in the SS system was not required.

It is directly related only that K-1s can no longer be required to obtain an SSN before getting a marriage licens. The ONLY reason the SS Administration classified K-1s as "work eligible" was to default the system to give them an SSN so they could get a marriage license where needed. I imagine one day that the SS administration will catch up and stop issuing SSNs to K-1s until after they have an EAD or green card...the same as they do for K2, K-3 and K-4 visa holders, none of which need to get married and none of which had any reason for an SSN before adjusting status.

Hi,i came to USA on k-1 visa ,i got my SSN card before AOS,now i have my green card so i went to SSN office if i needed to do something about my SSN card,the guy over there seems confused to me thats why i ask you guys if you know about it.Hopefully u understand me ,Thank you all

[Rebecca Jo 1,962]

The ruling was in response to a Tennesee couty that denied marriage to an illegal immigrant. The court ruled that marriage grants no immigration benefit, and legal presence nor participation in the SS system was not required.

It is directly related only that K-1s can no longer be required to obtain an SSN before getting a marriage licens. The ONLY reason the SS Administration classified K-1s as "work eligible" was to default the system to give them an SSN so they could get a marriage license where needed. I imagine one day that the SS administration will catch up and stop issuing SSNs to K-1s until after they have an EAD or green card...the same as they do for K2, K-3 and K-4 visa holders, none of which need to get married and none of which had any reason for an SSN before adjusting status.

Since someone has resuscitated this thread, I'd like to ask Gary to show us a link to this landmark court ruling.

It would help us to understand how a ruling in a state supreme court affects federal law.