You CAN legally obtain a job prior to your EAD!!!

[sheraz 0]

Yodrak, evidentally you are someone who everyone seems to listen to. Sorry I have not read many of your other posts.

I have read your responses and though your replies are giving me more information that contradicts what I have experienced I appreciate your responses because they actually show some thought towards my view or position.

Thanks.

Dont know what kind of message you were trying to get across with this post. What you have mentioned people already know. People do work under the table and on cash.

I think why people are a little upset is that you are speaking publically about it.

Whatver experiece you had as far as under the table employment is concerned, you should probably not mention it.

SSN is given after EAD is received. So no harm there and expired I94 does not matter in case of K1

[PachucoBro 3]

PachucoBro: Your one experience does not make what your wife is doing "legal". If Sears allowed her to sign the I-9 with a SS card that said "Only valid with DHS Authorization" on it and didn't ask for the EAD card, they are breaking the law. Simple as that.

Read the first paragraph of this answer.

Essentially, you are eligible to work as long as you I-94 is valid. After the I-94 expires then yes you need to stop working and wait for your EAD to arrive.

As I said before, your wife won't get in any trouble for it. That doesn't mean what she is doing is legal.

Totally understand what you are saying and IF my wife was getting away with doing something illegal I would never feel it was RIGHT. NEVER. Nor suggest anyone else follow suit.

[PachucoBro 3]

SSN is given after EAD is received. So no harm there and expired I94 does not matter in case of K1

WRONG and plenty of others on these forums have said... even the guides say... wait 2 weeks after entry in the US and then go get your SS card. You do not need to wait for your EAD to get a SS card.

See what I mean... people need to do more reading or investigating. I feel I have done a due amount to be able to say what I am saying. AND I have first hand experience at accomplishing it with everyone (official state and federal personnel) telling this is how it is done.

[Dr_LHA 3]

PachucoBro: Your one experience does not make what your wife is doing "legal". If Sears allowed her to sign the I-9 with a SS card that said "Only valid with DHS Authorization" on it and didn't ask for the EAD card, they are breaking the law. Simple as that.

Read the first paragraph of this answer.

Essentially, you are eligible to work as long as you I-94 is valid. After the I-94 expires then yes you need to stop working and wait for your EAD to arrive.

I'll say this again. The SSA does not trump the requirements of the I-9. If the I-94 doesn't have an employment authorisation stamp on it, you don't fulfill the requirements of the I-9 and cannot legally work. Either understand this, or continue to live in denial.

As I said before, your wife won't get in any trouble for it. That doesn't mean what she is doing is legal.

Totally understand what you are saying and IF my wife was getting away with doing something illegal I would never feel it was RIGHT. NEVER. Nor suggest anyone else follow suit.

She is doing something illegal, but USCIS can't hold it against her when deciding whether to approve her AOS or not.

Edited December 21, 2006 by dr_lha

[Kez/JWolf 6]

Well as you have stated your wife does not have a Temp EAD stamp on her I-94 nor did she show her SSN card to her employer..... yes the employer is breaking the law by not checking your wifes status but that does not mean you wife is not working illegaly....

Kez

[kitkat1 5]

And while it is true that illegal work is forgiven at AOS via marriage to a USC, if the company is reported in regard to this specific instance, it's hard to imagine there won't at least be discussion at AOS.

PachucoBro, you seem to think you have discovered a big loophole. Chances are good nothing will happen to your wife (she certainly won't be "sent back" as others have implied). But you'll find that most people here have in some way planned for their significant other to not be working while waiting for the card that clearly states they are authorized to work. After all we have been through getting our fiances here, not many are willing to take any kind of risk.

[Dr_LHA 3]

PachucoBro, you seem to think you have discovered a big loophole.

As with most people who come here with similar ideas, its just caused by misunderstanding the documentation and deluding oneself into thinking what you're doing is OK. Characteristics of such people usually include: Quoting from some sources to back up their point, but ignoring others that don't (like the f***ing I-9 in this case which hangs around like a 400lb Gorilla in this thread), writing extremely large posts answering everyone when people point out your wrong, and finally insulting people.

[sheraz 0]

SSN is given after EAD is received. So no harm there and expired I94 does not matter in case of K1

WRONG and plenty of others on these forums have said... even the guides say... wait 2 weeks after entry in the US and then go get your SS card. You do not need to wait for your EAD to get a SS card.

See what I mean... people need to do more reading or investigating. I feel I have done a due amount to be able to say what I am saying. AND I have first hand experience at accomplishing it with everyone (official state and federal personnel) telling this is how it is done.

I know it doesnt happen for k3. Dont know about k1

but even if SS card is there, it doesnt allow work authorization.

If you do, its illegal and illegal is wrong with how noble the intentions are.

You may not be fined for it, but its not correct either.

From personal experience and that of others, SS is not issued without EAD in case of K3. Atleast not in Texas

[edsperfect 25]

Even if the OP and his wife suffer no ill consequences from this, I think it's grossly irresponsible to encourage others to act illegally, and to spread misinformation as truth.

Not only because it violates TOS of VJ, but also because if someone goes so far as to report the employer, there will be grave consequences for them and who knows what issues that may cause at the AOS???

Working "under the table is tricvky for an alien. If NO income tax isreported then it is a Federal Misdemenor and not deportable. If thy get marrid and file a joint return then it is a Federal felony subject to 5 years in prison and is a deportable offense. In addition if false information is given immigrations even after citizenship is granted it can be revoked for being obtained under false pretenses. Whether they enfore all the lawds or not is not the question they can if the want to. Remember the old german Nazi a few years ago?

[PachucoBro 3]

OMG! Who did I insult? I swear you guys just keep throwing more stuff at me that I didn't say... Like not showing my wife's SS card... I think three time I have said she showed her SS card and they made a photocopy of it just like most other companies doing business here in the US.

Did I find a loophole? NO!!! It is a fact of how things are done. Not a cheat or a get around. Most of you guys are past this point of the first 90 days so why not ahev some of the new comers to the US ask these important questions at the SSA and wherever else they need to find out about working in the US.

Ever wonder why only JFK does the 'OLD' temp EAD stamp? As told to me by 2 SSA employees... Is that they still continue doing it the old way. it is not needed anymore because of the changes made so that ALL K-1 visas are allowed to work in the US based that fact that it is inherent to the K-1 visa to be allowed to work during the initial 90-days. You don't NEED to have an EAD during those first 90 days!!!

[Dr_LHA 3]

OMG! Who did I insult? I swear you guys just keep throwing more stuff at me that I didn't say... Like not showing my wife's SS card... I think three time I have said she showed her SS card and they made a photocopy of it just like most other companies doing business here in the US.

Did I find a loophole? NO!!! It is a fact of how things are done. Not a cheat or a get around. Most of you guys are past this point of the first 90 days so why not ahev some of the new comers to the US ask these important questions at the SSA and wherever else they need to find out about working in the US.

Ever wonder why only JFK does the 'OLD' temp EAD stamp? As told to me by 2 SSA employees... Is that they still continue doing it the old way. it is not needed anymore because of the changes made so that ALL K-1 visas are allowed to work in the US based that fact that it is inherent to the K-1 visa to be allowed to work during the initial 90-days. You don't NEED to have an EAD during those first 90 days!!!

You still haven't explained how you got around the requirements of the I-9.

[kitkat1 5]

Did I find a loophole? NO!!! It is a fact of how things are done.

Do you really think that if this is in fact how things are done, that with all of the knowledgable people on this board, no-one before you has "figured this out"? Forgot about the SSN card issue - it's clear that you can get one without an EAD. Forget about the fact that K1s are allowed to work during the initial 90 days if they received a temp EAD. Try to think logically for a minute. USCIS actually provides clear information, for example, on the requirements for AOS and removing conditions. WOULDN'T SOME OF THE WRITTEN INFORMATION THEY PROVIDE MAKE IT CLEAR IF ONE COULD REALLY WORK WITHOUT AN EAD? What would the reason be for USCIS to "hide" this information from K1ers if they could truly work without an EAD? There isn't one because it's not true.

As told to me by 2 SSA employees...

. . . who rarely know how the SSN process works for K1s (read through a few of the posts from aggravated K1ers who have been turned away at the SSN office because the person working there was not informed on how the process works). Then consider that SSN and USCIS are TWO DIFFERENT ENTITIES.

[payxibka 10,044]

I am really getting tired.....

[mercy 1]

Totally understand what you are saying and IF my wife was getting away with doing something illegal I would never feel it was RIGHT. NEVER. Nor suggest anyone else follow suit.

You said that after her I-94 expires that she plans to continue working, even though she will no longer be EA, as long as Sears is none the wiser.

[Yodrak 7]

dr_lha,

PachucoBro is correct on this point. His wife is doing nothing illegal, at least not yet, she is employment authorized. It's the employer who is doing something illegal by hiring her without doing the required verification and record keeping.

If she does not report her earnings from the restaurant job to the IRS or if she continues her present job with Sears after her I-94 expires and before obtaining new employment authorization, then she will be doing something in violation of the law.

Yodrak

As I said before, your wife won't get in any trouble for it. That doesn't mean what she is doing is legal.

Totally understand what you are saying and IF my wife was getting away with doing something illegal I would never feel it was RIGHT. NEVER. Nor suggest anyone else follow suit.

She is doing something illegal, but USCIS can't hold it against her when deciding whether to approve her AOS or not.

Edited December 21, 2006 by Yodrak