Working as a K1

[jndlove 0]

Hey!

Just need some advice! My husband came with a K1 visa and he got a SSN and started working with it without applying for a work permit because we JUST noticed that he needed one and we're about to apply for AOS. Will this affect his application? Should we not include in the application that he is employed? HELP please I don't want to jeopardize everything. Thanks!!!

[canadian_wife 1,795]

If he has a legal SSN they already know he is working. If asked, do not lie about it

Good luck

[Penny Lane 8,159]

Does his social security card not have the "not authorized for work without DHS authorization" stamp on it?

[ceadsearc 516]

He needs to be honest. Illegal work is generally overlooked for a spouse of a USC but only with honesty.

He should also quit working until he gets his EAD. Not only can he can in trouble but his company can as well. They obviously did not follow the guidelines of the I-9 in hiring him.

[jndlove 0]

If he has a legal SSN they already know he is working. If asked, do not lie about it

Good luck

Ok, Thank You!

[jndlove 0]

Does his social security card not have the "not authorized for work without DHS authorization" stamp on it?

Yes, it does. I was confused by that but since he got hired anyway I thought he had permission. Then I saw that i needed to file for a permit. However his company gave him the I-9 information packet which is why I am sooooo confused.

He needs to be honest. Illegal work is generally overlooked for a spouse of a USC but only with honesty.

He should also quit working until he gets his EAD. Not only can he can in trouble but his company can as well. They obviously did not follow the guidelines of the I-9 in hiring him.

Ok. I thought as much but I was confused since his company gave him the I-9 information package.

[ceadsearc 516]

It sounds like the company doesn't know what is going on. A K-1 used to be able to work immediately upon entry but that loophole has been closed. Since it says "DHS auth" on his SS card his employer should have asked for his EAD or green card.

[jndlove 0]

It sounds like the company doesn't know what is going on. A K-1 used to be able to work immediately upon entry but that loophole has been closed. Since it says "DHS auth" on his SS card his employer should have asked for his EAD or green card.

Oh ok. I see where the confusion lies, I just hope it doesn't affect us. Thank you!

[JimVaPhuong 4,863]

Oh ok. I see where the confusion lies, I just hope it doesn't affect us. Thank you!

Do you have a copy of the I9 form he signed? This is critical. There are four categories of people authorized to work, and you have to select one of them on the I9 form. These are:

1. A US citizen

2. A US national

3. A permanent resident

4. An alien with work authorization

If box number 1 is checked then it could be a big problem. If that's the case then he needs to get his employer to destroy the I9 form he signed. A false claim of US citizenship could result in someone being barred from the US for the rest of their life.

[aaron2020 11,651]

[/color]97918' post='5083878']

Do you have a copy of the I9 form he signed? This is critical. There are four categories of people authorized to work, and you have to select one of them on the I9 form. These are:

1. A US citizen

2. A US national

3. A permanent resident

4. An alien with work authorization

If box number 1 is checked then it could be a big problem. If that's the case then he needs to get his employer to destroy the I9 form he signed. A false claim of US citizenship could result in someone being barred from the US for the rest of their life.

Shocked that you would suggest destroying the I-9; especially if there is a false claim of US citizenship. It is a violation of federal law. Under federal law, his employer is required to retain the I-9 for 3 years after the hiring date or 1 year after the employment terminates, whichever is later.

Isn't it a violation of the TOS on this site to suggest doing something illegal to obtain an immigration benefit?

Edited January 4, 2012 by aaron2020