EAD confusion -- please help!

[missing_ron 3]

I came across this website today; under Section C, it seems to say that someone with a K-1 visa is not requried to show an EAD to work unless the employer requests it. I have always been told on the K-1 forums that we have to apply for an EAD before my fiancee, a German, goes to look for a job. Can someone please clarify?? Thank you!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

[Darnell 8,478]

'to work' - legally in the USA - one must fulfill the document requirements of the I-9.

Usually, a SSN is not enough - one needs either a EAD document, or a Green Card.

Usually, both can be obtained after filing for AOS.

Is rare to hold 'EAD' whilst not going through AOS, the EAD expires on the I-94 expiration date.

MOST ppl file for the EAD in conjuction with (ie - at the same time) they file for AOS - as the EAD fee is waived when filed WITH the I-485 form.

*** moving to Adjustment of Status (Green Card) from Family Based Visas, as this is adjustment from K-1 ***

Edited May 12, 2010 by Darnell

[Nik+Heather 121]

The problem is with the source of your information. You provide a link to the social security administration (ssa.gov) but they are not the ones who govern who can and cannot work in the US. It is commonly quoted around here, and it is really unfortunate how confusing it is.

The people do do control that are USCIS, and when she gets her SSN on the card it will say not valid for work without authorization. Your fiancee won't be able to provide the documentation required on the I-9 to show work eligibility.

The law behind all of these policies states that a K-1 cannot work without first acquiring a "FEE work authorization document" So, an EAD can be applied for based on the K-1, but it is nearly useless in practice, as it arrives only shortly before the status (and the EAD) expires. Best to wait for work until after AOS is filed and the EAD based on that filing arrives.

[baron555 934]

I came across this website today; under Section C, it seems to say that someone with a K-1 visa is not requried to show an EAD to work unless the employer requests it. I have always been told on the K-1 forums that we have to apply for an EAD before my fiancee, a German, goes to look for a job. Can someone please clarify?? Thank you!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

To legally work, you need either the EAD (quicker to get) or the GC (trumps the EAD). Period.

[VanessaTony 3,567]

There are about 20 million posts about this. One in particular pinned to the top of the "working and travelling" forum. Here's the link: http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/

Long story short, we need an EAD.