When can a K-1 visa holder legally work?

[I'm Gone 60]

Ideally, a K-1 who is married and completed AOS will already have a Social Security number. She should apply for this in her first 76 days in the US; see posts by mdyoung for specific details and tips (oh yeah, the Guide, too).

Only one problem with that, Mr. Roboto 007 has blocked responses from me or at least claims to have. LOL

[Robor007 0]

Ideally, a K-1 who is married and completed AOS will already have a Social Security number. She should apply for this in her first 76 days in the US; see posts by mdyoung for specific details and tips (oh yeah, the Guide, too).

Only one problem with that, Mr. Roboto 007 has blocked responses from me or at least claims to have. LOL

You're not blocked. I did block you before and post a reply as such in that thread a few weeks back because you suggested it as an option. Plus, I found out when you block someone it doesn't remove their posts. The blocked users posts just say something like 'you blocked this user' and show a link to view their posts anyway.

[meauxna 15]

Now, now. Kiss and make up, fellas.

[Robor007 0]

Now, now. Kiss and make up, fellas.

It's all good. I may be a whiner but my skin isn't that thin!

[I'm Gone 60]

Now, now. Kiss and make up, fellas.

No problem here. You know if anything I'm a people person and love everyone. LOL

[meauxna 15]

Now, now. Kiss and make up, fellas.

No problem here. You know if anything I'm a people person and love everyone. LOL

pmsl.

If I drank Diet Coke, it would be on the monitor by now.

j/k, you're a and you know it. Even The Kid knows it!

[KarenCee 3]

Robor,

Who is correct is a question of semantics - how the bet was actually worded.

During the K1 period the alien has employment authorization incident to status as a K1. However, an employer cannot hire an alien without seeing a document from the USCIS specifically showing that the alien has employment authorization.

So, most K1s can legally work but an employer cannot hire them. Those K1s who came through one of the few POE that will put a stamp on their I-94 indicating employment authorization, or who submit an I-765 as an (a)(6) quickly enough to have it acted upon while they are still a K1, can be hired. (They will also need to apply for a SS# if they don't already have one in order for an employer to hire them.)

[EDIT: Clarification to this post - if a person is EA (and a K1 is, for 90 days after entry), an employer needs to see that the EAD has been applied for within 3 days and the EAD itself within 90 days. So a K1 who did not get the stamp on entry can be hired as soon as they submit an I-765, they don't have to wait until the EAD arrives (if it ever does) if an employer is willing to hire them.]

Yodrak

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment). I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

Yodrak,

I really do respect your wisdom and this may sound foolish or childish, but I've not asked about this (the EAD issue) because of how some people respond to "stupid" questions here.

When Joel went for his interview at the Montréal consulate, the CO told him that he could NOT work until he had an EAD in hand. Nothing about the above information was mentioned so we just assumed we would have to wait. Joel could have had a job immediately once he arrived here in May, if we had known this. I hate to admit that the EAD issue is one that I've not been able to fully understand. Thank you though, for putting it in a clearer way for me to understand.

Sometimes I just feel so dumb.

[nfs 0]

Robor,

Who is correct is a question of semantics - how the bet was actually worded.

During the K1 period the alien has employment authorization incident to status as a K1. However, an employer cannot hire an alien without seeing a document from the USCIS specifically showing that the alien has employment authorization.

So, most K1s can legally work but an employer cannot hire them. Those K1s who came through one of the few POE that will put a stamp on their I-94 indicating employment authorization, or who submit an I-765 as an (a)(6) quickly enough to have it acted upon while they are still a K1, can be hired. (They will also need to apply for a SS# if they don't already have one in order for an employer to hire them.)

[EDIT: Clarification to this post - if a person is EA (and a K1 is, for 90 days after entry), an employer needs to see that the EAD has been applied for within 3 days and the EAD itself within 90 days. So a K1 who did not get the stamp on entry can be hired as soon as they submit an I-765, they don't have to wait until the EAD arrives (if it ever does) if an employer is willing to hire them.]

Yodrak

I'm a little confused about the clarification.

When you say "within 3 days" is that within 3 days of arriving or of being married?

You do need to be married to apply for the EAD, correct?

If my fiancee already has a social security number from working here before, could she possibly then work immediately or as soon as she could find a job, as long as she had that temporary authorization from JFK?

And then, if we married say 88 days later, could she still continue working while we were waiting for the EAD to go through?

Or do we need to get married immediately for this to work?

[meauxna 15]

When Joel went for his interview at the Montréal consulate, the CO told him that he could NOT work until he had an EAD in hand. Nothing about the above information was mentioned so we just assumed we would have to wait. Joel could have had a job immediately once he arrived here in May, if we had known this.

Karen, you don't ask dumb questions. I'm sure Yodrak will have his own reply for you, but you *were* told correctly: Joel needs an EAD/Employment Authorization Document in order to be hired (see form I-9).

The thing is, K-1s are EA/Employment Authorized for their first 90 days. This is how they are able to SS#s when others can't.

So, a K-1 is EA for the first 90 days by virtue of their status BUT they can't be hired without an EAD. Some K-1s get an EAD in the form of a stamp on their I-94 when they first enter the US, but most can't get any evidence (document) of their status and so can't be "hired".

Usually when people write about "EAD"s here, they mean the 'regular' 1 year version that you apply for *with* your Adjustment of Status via I-765. But, K-1s sometimes apply for an EAD under their K-1 status (which they can do) not knowing that it takes 90 days to get it (minimum) and it will not be of any use to them. And then, some people call the stamp on the I-94 an "EAD" which is factually true, but confusing.

As for Joel, he was EA during that first 90 days. Completing form I-9 is the employer's responsibility, and the form is never filed anywhere, just retained at the employer's office. Some employers aren't real sticklers for that when they know the person and know that they are in fact EA anyway.

It all stinks.

[BJZags 17]

While some questions have been answered, I am still just as confused. If the AOS with the I-765 makes the K1 a permanent resident, why would they also need to file for an EAD at the same time if a permanent resident is legally able to work in America?

[I'm Gone 60]

While some questions have been answered, I am still just as confused. If the AOS with the I-765 makes the K1 a permanent resident, why would they also need to file for an EAD at the same time if a permanent resident is legally able to work in America?

Because it normally takes much longer for the AOS to be approved than the EAD application (I-765). Now in my wife case we pretty much wasted the I-765 filing fee, since she got her EAD card in June 2002 and her I-551 in August 2002, but when we sent the paperwork in we had no idea it was going to turn out that way.

[Yodrak 7]

meauxna, Karen, and nfs,

I-9 tells us that if a person has EA but cannot produce required identity and EA documents within 3 days from the date that employment begins they have 3 days from the date that employment begins to present a receipt for application for required documents and 90 days from the date that employment begins to present the required documents themselves.

I'm thinking that a K1 is EA, but unless they entered at JFK or a few other POEs they do not have the required EA document. But by submitting I-765 as (a)(6) promptly they can, within a few weeks, have a receipt for application for the EAD that they can show and thus they can be hired at that point. Whether or not the I-765 is ever approved and an EAD issued they can work until 90 days from entry since they do not have to show the EAD itself within that period.

If they then move quickly to marry, apply for AOS and EA as ( c)(9) they might get lucky and have a 1-year EAD not too long after their K1 status has expired. The USCIS may toss out the (a)(6) I-765 when the ( c)(9) I-765 arrives, but so what? The important item from that was the application Receipt Notice.

Of course it's what a particular employer thinks about this, not what I think, that is going to be the deciding factor in any particular hiring decision. So a lot may depend on how savy a particular employer is and how much hassle they're willing to put up with to hire the particular person.

Yodrak

When Joel went for his interview at the Montréal consulate, the CO told him that he could NOT work until he had an EAD in hand. Nothing about the above information was mentioned so we just assumed we would have to wait. Joel could have had a job immediately once he arrived here in May, if we had known this.

Karen, you don't ask dumb questions. I'm sure Yodrak will have his own reply for you, but you *were* told correctly: Joel needs an EAD/Employment Authorization Document in order to be hired (see form I-9).

The thing is, K-1s are EA/Employment Authorized for their first 90 days. This is how they are able to SS#s when others can't.

So, a K-1 is EA for the first 90 days by virtue of their status BUT they can't be hired without an EAD. Some K-1s get an EAD in the form of a stamp on their I-94 when they first enter the US, but most can't get any evidence (document) of their status and so can't be "hired".

Usually when people write about "EAD"s here, they mean the 'regular' 1 year version that you apply for *with* your Adjustment of Status via I-765. But, K-1s sometimes apply for an EAD under their K-1 status (which they can do) not knowing that it takes 90 days to get it (minimum) and it will not be of any use to them. And then, some people call the stamp on the I-94 an "EAD" which is factually true, but confusing.

As for Joel, he was EA during that first 90 days. Completing form I-9 is the employer's responsibility, and the form is never filed anywhere, just retained at the employer's office. Some employers aren't real sticklers for that when they know the person and know that they are in fact EA anyway.

It all stinks.

Edited August 16, 2006 by Yodrak

[meauxna 15]

Of course it's what a particular employer thinks about this, not what I think, that is going to be the deciding factor in any particular hiring decision. So a lot may depend on how savy a particular employer is and how much hassle they're willing to put up with to hire the particular person.

Great summary, Y. I've always agreed that it *can* be done, but the employer has to be willing, so it helps in a situation like Joel's, where he had an employer waiting for him.

Sadly, for the vast majority of K-1s, it's quite an intricate and complex plan, and difficult to explain.

[KarenCee 3]

Of course it's what a particular employer thinks about this, not what I think, that is going to be the deciding factor in any particular hiring decision. So a lot may depend on how savy a particular employer is and how much hassle they're willing to put up with to hire the particular person.

Great summary, Y. I've always agreed that it *can* be done, but the employer has to be willing, so it helps in a situation like Joel's, where he had an employer waiting for him.

Sadly, for the vast majority of K-1s, it's quite an intricate and complex plan, and difficult to explain.

*sigh* Thank you both, Meauxna and Yodrak. It's clearer now than before. We're just hoping we won't have to renew the EAD before he gets AOS approved. Thank the gods we don't have to go through the K-1 process again.