EAD stamp at point ot entry

[wildewood 0]

Hi

Firstly if this is in the wrong section apologies. Apologies also if this question has been asked 100 times before, I cant really see a definitive answer. I need to know if a) JFK is the only Point Of Entry that is stamping K1 visas with a 90 day employment authorization. B) are they even doing it at all?

It is nigh impossible to get an authorative answer from the US Government sites. It is important because my fiancee and I have to plan our trip back to the states now and if we HAVE to go through JFK it makes it a lot more expensive and difficult.

I understand that an approved K1 visa has 90 days employment authorization built in. The stamp at the airport is simply EVIDENCE of this. They arent actually granting anything. It just seems insane that only JFK will give you the stamp.

I appreciate help from anyone who knows or has links to information. The USCIS site is a joke.

Thanks.

[TracyTN 237]

It is possible to get the stamp (meaning they will give it out), but it's no longer valid for K1s to use in order to work.

I'm going to move this thread from the K1 process forum to the proper forum about the subject. There is a 'pinned' topic at the top of the new forum which covers this. It's the thread started by Rebeccajo.

Edited March 17, 2010 by TracyTN

[belinda63 3,039]

I need to correct a misstatement of yours. The K-1 Visa DOES NOT authorize you to work upon arrival. You MUST have an EAD or green card to be able to work. The temp stamp whether given at JFK or not any longer is irrelevant since it is not acceptable for you to work on a K-1 visa.

You can apply for an EAD upon arrival at the cost of $xxx.xx (don't remember the amount)but that EAD will only be valid until your I-94 expires which is 90 days after your arrival. Since it takes a few months to receive the EAD it is a waste of money.

Best thing to do is get married and file for AOS/AP/EAD as soon as possible. You should receive your EAD about 60-90 days after applying.

Again a K-1 is NOT authorized to work in the US without an EAD or green card.

[fattylittleslug 0]

I have the stamp from JFK. I thought the stamp was invalid but surprisingly when I went to get my learner's permit, I saw my record in the USCIS system saying I've been "authorized to work" the whole time.

Why don't you call USCIS to verify if you are allowed to work or not?

Edited March 17, 2010 by fattylittleslug

[TracyTN 237]

I have the stamp from JFK. I thought the stamp was invalid but surprisingly when I went to get my learner's permit, I saw my record in the USCIS system saying I've been "authorized to work" the whole time.

Why don't you call USCIS to verify if you are allowed to work or not?

State DMVs have access to USCIS systems? First I've ever heard of that. Is it possible your EAD had been approved by that point but you had not yet been notified?

K1 entrants are not allowed to work upon entry - they need a specific document stating such from DHS (hence the EAD). If the MISinformation line tells you anything other than that, well, it would be one more case of the operators not knowing what the heck they're talking about.

[Nik+Heather 121]

K-1s have this strange hybrid status they are "work authorized" by the social security administration only so that you can get a social security number. And, probably relating to the next statement I'm making below.

When I had an interest in 8 CFR a while back I did happen upon the section which mentions that K-1s may work only after paying a fee for a work authorization document.

There is no "built in" work eligibility in the visa, so no need to do back flips to enter through JFK if it's out of the way and/or expensive.

Edited March 17, 2010 by Nik+Heather

[wildewood 0]

Thanks everyone for the replies.

I believe that stamp is phased out. Basically I have to apply for AOS/EAD after we get married and just suck it up and wait the 90 days.

I did call USCIS who told me this. Twice. They dont know about the stamp. I called Customs and border dudes at 3 POE airports. They do not give out stamps. Couldnt get through to JFK but we have gone ahead and booked an easier flight through chicago. it was cheaper, easier and just less stressful. I can use the time over there to look for work.

Thanks again everyone. My interviews on the 15th wish us luck!!!