Wife found a job but can't be hired

[Grafx85 4]

My wife came here on a K1 Visa. We got married and few months later she just found a job. She went through the whole hiring process, she has a DHS authorized to work SSN. They asked for a copy of her I-94 form and the employer cannot enter the "admit date until" in there system as the date is in its past because it was a 90 day fiancee. They keep asking for a future admit date but we dont have one as it was a 90 day visa. I'm a little lost and she only has a few days to sort this information or else the employer will terminate her job due because it seems to the company she is unable to work . Anyone run into this problem??

[aleful 1,905]

hi

she can't work for now, that's the downside of the k1, did you file the adjustment of status packet yet? the adjustment of status packet comes with the i765 EAD work permit

so she's not allowed to work until she has her EAD work permit in hand, and it could be up to 3 months

with the EAD and the SSN she can work

the i94 has nothing to do with work

Edited July 7, 2016 by aleful

[Grafx85 4]

I was under the impression from my immigration lawyer she is able to work in the US as she has applied for a SSN and is authorized to work. You are able to work with a K1 visa.

[Lainie B 465]

The K-1 does NOT give authorization to work. She needs either the EAD or the green card. She needs to apply for adjustment of status (I-485/I-131/I-765)

Moving to Adjustment of Status from Family-based visas forum

[NikLR 13,220]

She need EAD to be authorized to work. Employment Authorization Document

[ricnally 258]

I was under the impression from my immigration lawyer she is able to work in the US as she has applied for a SSN and is authorized to work. You are able to work with a K1 visa.

Not much of a lawyer.

[Cathi 5,610]

I was under the impression from my immigration lawyer she is able to work in the US as she has applied for a SSN and is authorized to work. You are able to work with a K1 visa.

wrong.

You need to file AOS and along with it EAD. Follow the guides at the top of the page

[aleful 1,905]

hi

the SS number by itself doesn't give you the authority to work, it needs to be in conjunction with an EAD work permit or the green card

the SS is for filing taxes

you should fire that lawyer that misinformed you

[Pinkrlion 2,607]

I was under the impression from my immigration lawyer she is able to work in the US as she has applied for a SSN and is authorized to work. You are able to work with a K1 visa.

You are able to work as a K-1, but it is still an EAD based on K-1. However, this particular EAD is only valid until I-94 expires (90 days or less), so no one applies for it because it is a waste of money.

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9).

As others have stated you need to file your EAD with your AOS.

Edited July 7, 2016 by Pinkrlion

[Transborderwife 4,666]

You're misinformed. K1 needs an ead

[Bzegurl 41]

What kind a lawyer you got??????You are clearly misinformed.

[Mollie09 1,543]

My wife came here on a K1 Visa. We got married and few months later she just found a job.

A few months later? Did you ever apply for AOS? Did you get married within the fist 90 days?

She went through the whole hiring process, she has a DHS authorized to work SSN.

She likely has quite the opposite, a SSC that says "Valid for work only with DHS authorization", which she doesn't have.

They asked for a copy of her I-94 form and the employer cannot enter the "admit date until" in there system as the date is in its past because it was a 90 day fiancee. They keep asking for a future admit date but we dont have one as it was a 90 day visa. I'm a little lost and she only has a few days to sort this information or else the employer will terminate her job due because it seems to the company she is unable to work . Anyone run into this problem??

People who enter on K-1s are in limbo, they can't work. That's why you need to apply for AOS ASAP so that they enter a period of authorized stay and then get work authorization.

A K-1 past her 90 days without an AOS application is technically deportable. Applying for EAD is free if done alongisde the 485.

Good luck!

[Dashinka 23,252]

Many people get confused by the note on the SSC about DHS authorization. What it means is that this card alone does not authorize you to work, you also need DHS authorization. In the case of a K1 visa this would be either an EAD or GC issued by DHS (not the SSA). As already stated, someone arriving on a K1 can apply immediately for an EAD, but this is generally useless as it takes anywhere from 45 to 90 days to be issued, and will only be valid for the 90 days of the I94 from the K1 entry. Most people forgo this and instead file the AOS package along with the EAD/AP applications since these are free when filing with the AOS.

Good Luck, and I would stay away from the lawyer that gave you poor information.

[soulstriker 274]

all that money wasted on a lawyer , let VJ be your own lawyer wow

[canadian_wife 1,791]

I am sorry that you were under the impression that your wife could work with a K visa. From your choice of words "I was under the impression" perhaps your lawyer did not explicitly say she could work on a K visa but you assumed she could.

I would talk to the HR department and see if the start date can be pushed back 90ish days. Then, if you haven't already, file adjustment of status and for the work permit. Perhaps you can get an expedite for the work permit based on an existing job offer.

Good luck