K1 Work Visa Permit at Dulles

[searley86 0]

Hi all,

I'm getting there with all my visa paperwork filing, I've received my 2nd notice of action and have all the paperwork and proof sorted. I read on the website that some airports will issue a temporary 90 day work authorization if it is asked for and that it depends on which airport you fly into.

I will be flying into Washington Dulles, has anyone had any experience with getting a work permit at this airport and do you have to pay for them?

Any help would be gratefully appreciated,

thank you in advance

Nick

[amykathleen2005 441]

I have heard of very few people recently who get the work permit stamp at the airport. I'm not sure if they do it anymore. I know you can pay and apply to work while you have entered as a K-1 but that only lasts the 90 days your I-94 is valid so by the time you are approved its really a waste of money.

[M2MarryN 2]

I have heard of very few people recently who get the work permit stamp at the airport. I'm not sure if they do it anymore. I know you can pay and apply to work while you have entered as a K-1 but that only lasts the 90 days your I-94 is valid so by the time you are approved its really a waste of money.

AmyKathleen,

Can you explain about work. My fiance's interview is coming up, and I have heard many talk about waiting for 2 months until their husband's can work-but that obviously isn't AOS-as that takes forever it seems. What comes after the marriage that allows for work?

Thanks for any help!

[ThaitoUSA 15]

My wife's POE was Dulles last summer. The Immigration Officer asked if she intended to work and in which field. My wife responded "yes," but was not given a work authorization stamp. Even if she had received one, she would not legally be allowed to work until she applied for an EAD card, which she did when she filed AOS. From arrival until she was issued EAD and found a job was only 100 days, so it is not too long to wait.

[Gary and Alla 3,694]

Hi all,

I'm getting there with all my visa paperwork filing, I've received my 2nd notice of action and have all the paperwork and proof sorted. I read on the website that some airports will issue a temporary 90 day work authorization if it is asked for and that it depends on which airport you fly into.

I will be flying into Washington Dulles, has anyone had any experience with getting a work permit at this airport and do you have to pay for them?

Any help would be gratefully appreciated,

thank you in advance

Nick

Work permits and work visas are not issued at airports and never have been...ever. Some POEs still give the "work authorized" stamp to ALL entrants. It has no validity without a work visa. The K-1 is NOT a work visa.

You will have to get married and file for AOS, then get an Employment Authorization Document (EAD) or green card before you will be able to legally work.

[canadian_wife 1,791]

Agree with Gary and Alla, the K1 has never been work authorized, you CANNOT work with a K-1 - regardless of whatever stamp is given in the passport

Good luck

[Gary and Alla 3,694]

AmyKathleen,

Can you explain about work. My fiance's interview is coming up, and I have heard many talk about waiting for 2 months until their husband's can work-but that obviously isn't AOS-as that takes forever it seems. What comes after the marriage that allows for work?

Thanks for any help!

When a K1 arrives you get married and file for AOS. You can file for work authorization at the same time. EAD or AOS can be approved within 2 months. Alla got her green card before her EAD and AP. she had her green card in hand in less than two months. Our son who followed later, filed for AOS on July 17, 2009 and received his green card IN HAND on September 3.

If working is a major concern, you could choose the CR-1 route, get married first then file for the visa. It takes longer but you get a green card immediately. If a person arrives on a K1 and wants to work anytime soon, the get married ASAP and file for AOS as soon as possible.

[Gary and Alla 3,694]

Agree with Gary and Alla, the K1 has never been work authorized, you CANNOT work with a K-1 - regardless of whatever stamp is given in the passport

Good luck

And it is true that the K1 was NEVER work authorized. Until February 2009 there were some vagaries in the wording of the I-9 form that allowed some K-1s to "get away" with working. In February 2009 the DHS cleared up the confusaion and changed the wording on the I-9. There was no change in "the law". Such would have required an act of congress. The "change" was implemented with the change of a few words on a form.

[Bobby+Umit 161]

The stamp you may get upon coming in on a K-1 is not good enough for you to work. There are numerous posts here going over the reasoning, but in a nutshell, it was intended for K-1's to be given the ability to get an SSN so they can get married.

The new system they have for checking the ability to work does not show people with this "stamp".

You can apply for an EAD on the K-1, prior to the AOS, however, it will be good only for 90 days, so it would be a waste of $340.00 (since it is free with the AOS).

EAD is the only thing that you can use (other than the greencard) for working in the US.

So - if you intend to work as soon as possible, get married fast, submit the AOS paperwork (with the EAD) and you will usually get it within 3 months or so. (Umit's came within 2..7 months, and two days after that, she got her greencard....)

[amykathleen2005 441]

And it is true that the K1 was NEVER work authorized. Until February 2009 there were some vagaries in the wording of the I-9 form that allowed some K-1s to "get away" with working. In February 2009 the DHS cleared up the confusaion and changed the wording on the I-9. There was no change in "the law". Such would have required an act of congress. The "change" was implemented with the change of a few words on a form.

Someone should really change the K-1 Flow Chart. This states that it is possible to gain work authorization.

[babyjk 2]

The stamp you may get upon coming in on a K-1 is not good enough for you to work. There are numerous posts here going over the reasoning, but in a nutshell, it was intended for K-1's to be given the ability to get an SSN so they can get married.

The new system they have for checking the ability to work does not show people with this "stamp".

You can apply for an EAD on the K-1, prior to the AOS, however, it will be good only for 90 days, so it would be a waste of $340.00 (since it is free with the AOS).

EAD is the only thing that you can use (other than the greencard) for working in the US.

So - if you intend to work as soon as possible, get married fast, submit the AOS paperwork (with the EAD) and you will usually get it within 3 months or so. (Umit's came within 2..7 months, and two days after that, she got her greencard....)

Don't mean to intrude on the post but can you not get married without a SS number?

[NigeriaorBust 4,087]

Don't mean to intrude on the post but can you not get married without a SS number?

Marriages are ruled by the state you marry in , most states you don't need it. You have to check the laws of the state you want to marry in

[canadian_wife 1,791]

And it is true that the K1 was NEVER work authorized. Until February 2009 there were some vagaries in the wording of the I-9 form that allowed some K-1s to "get away" with working. In February 2009 the DHS cleared up the confusaion and changed the wording on the I-9. There was no change in "the law". Such would have required an act of congress. The "change" was implemented with the change of a few words on a form.

Thanks for the clarification Gary! I appreciate it

[babyjk 2]

Marriages are ruled by the state you marry in , most states you don't need it. You have to check the laws of the state you want to marry in

Thanks.

[Yellowhead 12]

Can someone clarify, since we are on the topic... When filing for AOS, do you need to file for EAD as well? I was under the impression that you had to file for both at the same time, and pay the cost of each form. Saving money makes me happy, so if you don't have to file both I will be thrilled! I have just been working out my budget for the whole process as we are both students with little extra money.

Another question... regardless of the answer above, what is the soonest that one can start working given current wait times? We are applying this week for the I-129f and *should* be going through the California Center as my fiancé lives in California. Wait time for the AOS is 4 months currently. I notice that EAD is 3 months, so it seems pointless to do it separately by choice (if you don't have to file both). We are trying to work out the amount of downtime I will have when coming to the US when it comes to work for budget purposes.

Any info appreciated. Thanks!

Edited August 29, 2010 by ArtGeek