Work Authorization

[jessandyura 0]

Hi All

At my POE the guy told me I have to go to USCIS(?) to get work authorization. I didn't really understand what he said but my fiance thought he did (we were traveling together) but in the end I am not sure if it is in fact USCIS. Does anyone know what I am talking about?

Thanks!

[Inky 1,110]

You have to file AOS to get your EAD or green card. If you don't you cant work, you cant travel.

Read the AOS guides and file for AOS after you get married.

Edit to add, if you didn't know about having to file AOS you probably don;t know about filing for ROC either so you will want to go look at all that information as well .

Edited December 30, 2010 by Inky

[jessandyura 0]

Doesn't the K-! include work auth?

Is there a place on the VJ website with more info on filing an AOS?

Thank you!

[jkelly07 120]

yes read the guides on this page aos lots of information, then you have a question ask us.

[TracyTN 237]

Moving thread from K1 process forum to AOS forum.

[Dodi 69]

The K1 does not give any authorization to work at all. The work authorization only comes after you file the I-765, either by itself (not suggested) or in conjunction with the I-485 (AOS). It is not automatic with anything other than a Greencard. The EAD is currently taking about 70-90 days to process. You are eligible to apply for an EAD upon arrival, before AOS, however this costs $340, is only valid for the length of your I-94 (90 days from arrival) and then you'd have to stop working until your new EAD was approved. If you apply in conjunction with your AOS, it's included in the price of the AOS, and is valid for one year, which SHOULD give you plenty of time before your AOS is approved.

If you file for a SPOUSE (CR-1) instead of a Fiance (K1) then the spouse would have Legal Permanent Resident status from their point of entry and be able to work right away. This takes a little longer than a K1, but is slightly cheaper in the long run, since you don't have to file a separate AOS after arrival/marriage.

Hope that helps.

[jessandyura 0]

Thank you very much Dodi! Sometimes it is hard to understand all the information that is in the posts, there is often conflicting info. For example, some people said that they got work auth at the POE. So thank you for answering me even if my question was answered somewhere else

[VanessaTony 3,567]

Thank you very much Dodi! Sometimes it is hard to understand all the information that is in the posts, there is often conflicting info. For example, some people said that they got work auth at the POE. So thank you for answering me even if my question was answered somewhere else

Yeah this is a common problem. At JFK POE people entering there are STILL getting the "work authorization" stamp but it doesn't actually allow you to work.. contrary to it's name. The rules were changed a while back and a K1 is NOT work authorised without an EAD or a GC so the stamp while pretty, is useless. Unfortunately I think several people think the stamp allows them to work when it doesn't and they are in fact working illegally... and if caught will get into trouble. Telling officials "I have this stamp it says I can work" won't help them because ignorance is never an excuse. The fact that officals at JFK are giving out this stamp wrongly is a big issue.

There's a document called an I-9 (available on the USCIS website) that you have to fill out when you get a job to prove work eligibility, and you'll see that stamp isn't on the list. So now you know.. annoying but there you go

There's an AOS thread in my signature that has a list for docs for AOS that should help you.

[Kathryn41 3,205]

While this topic was correctly moved from K-1 forum, I think the main focus for the question is better served in the Working & Travelling During Immigration forum so have moved it here from the AOS forum.

Edited January 1, 2011 by Kathryn41

[Rebecca Jo 1,962]

Yeah this is a common problem. At JFK POE people entering there are STILL getting the "work authorization" stamp but it doesn't actually allow you to work.. contrary to it's name. The rules were changed a while back and a K1 is NOT work authorised without an EAD or a GC so the stamp while pretty, is useless. Unfortunately I think several people think the stamp allows them to work when it doesn't and they are in fact working illegally... and if caught will get into trouble. Telling officials "I have this stamp it says I can work" won't help them because ignorance is never an excuse. The fact that officals at JFK are giving out this stamp wrongly is a big issue.

There's a document called an I-9 (available on the USCIS website) that you have to fill out when you get a job to prove work eligibility, and you'll see that stamp isn't on the list. So now you know.. annoying but there you go

There's an AOS thread in my signature that has a list for docs for AOS that should help you.

Just for clarification, the rules never changed. The stamp given at JFK and a few other rare points of entry NEVER authorized the K1 entrant to work. What changed was the I-9 form itself clarifying the law.

[HeatDeath 430]

A K-1 includes authorization to get a SS card. When you apply for that card (using the SS-5 form), you should mark that you are an alien authorized to work, but that's just for SSA purposes. As has been said above, you need an EAD or a GC in your hand to be authorized to actually work for an actual employer.