Work Authorization while on K-1 (before and after I-94 expires)

[DmytriiD 186]

Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

[Alabamak1 688]

2 minutes ago, DmytriiD said:

Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

Are you doing k-1? K-1 needs to do AOS (to  be able to stay and reside) and EAD (for work)

[DmytriiD 186]

1 minute ago, Alabamak1 said:

Are you doing k-1? K-1 needs to do AOS (to  be able to stay and reside) and EAD (for work)

yes K-1...but why then Embassy let me know that if it is not applicable !? Just trying to find a logic...lol

[Alabamak1 688]

6 minutes ago, DmytriiD said:

yes K-1...but why then Embassy let me know that if it is not applicable !? Just trying to find a logic...lol

they must have been confused, because that would apply for a CR-1, not in your case

 

[TNJ17 1,329]

You were either given wrong information or you might be confused as to what was said to you because there is no way you could possibly get work permit under K1 at POE. That does not exist. You file for AOS AFTER getting married and in about 6 months you receive work permit. 

[Villanelle 4,121]

can you post a pic of the letter you are referring to? Black out/cover personal info.

[DmytriiD 186]

4 minutes ago, Damara said:

can you post a pic of the letter you are referring to? Black out/cover personal info.

the letter is in Ukrainian from the US Embassy...

[Villanelle 4,121]

it can be translated.

 

You dont need to post it. I was just curious as to what its for. If you post it we can translate/read it and tell you what is applicable for. But K can not get work permits until aos is filed. So its not applicable for you and was most likely given to you by mistake.

[Alabamak1 688]

3 hours ago, DmytriiD said:

the letter is in Ukrainian from the US Embassy...

i have a ukranian wife....just post it. we would love to see this. I just told her about it, and now she is interested. She speaks both russian and ukranian fluently

Edited August 8, 2018 by Alabamak1

[Ksenia_O 695]

14 hours ago, DmytriiD said:

Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

You were given a generic note for a Spouse Visa holder, which doesn't apply to you, 

As it's been mentioned above - as a K-1 visa holder you are eligible for an Employment Authorization only after or along with I-485 submission.

 

 

[Boiler 43,422]

Many years ago a K1 could get a stamp on entry that served as a temp EAD.

[DmytriiD 186]

11 hours ago, Alabamak1 said:

i have a ukranian wife....just post it. we would love to see this. I just told her about it, and now she is interested. She speaks both russian and ukranian fluently

Hi, so I attached this note to this message...

It has questions and answers on this paper and one of it regarding this matter.

So the question is: "Can I start working in the US before getting married?"

The answer is: "No. K-1 Visa does not give you a right to work if you do not receive permits to work separately. It is expedient to ask immigration officer about it while entering the US at POE: some USCIS offices can issue such permit immediately. Otherwise, you will need to apply for it separately after entering the US. "

[Boiler 43,422]

8 minutes ago, DmytriiD said:

Hi, so I attached this note to this message...

It has questions and answers on this paper and one of it regarding this matter.

So the question is: "Can I start working in the US before getting married?"

The answer is: "No. K-1 Visa does not give you a right to work if you do not receive permits to work separately. It is expedient to ask immigration officer about it while entering the US at POE: some USCIS offices can issue such permit immediately. Otherwise, you will need to apply for it separately after entering the US. "

As I said possible many years ago.

[Ksenia_O 695]

1 hour ago, Boiler said:

As I said possible many years ago.

Wow... Thanks for info - good to know.

 

I wonder why they stopped doing that - would be really great and it would save USCIS a lot of time . Especially now, taking into account current processing time for EAD - every day we see that someone asks for a help or an advice to expedite Work Authorization.

[geowrian 22,335]

Yup, a temp stamp used to be issued but that's not current practice.

 

Technically a K-1 visa holder can get an EAD prior to marriage and/or AOS, although current timelines for the I-765 make this impractical as it would expire before they even issue the EAD (it is only valid for the 90 days from POE). Back when it was taking only ~30 days, this was a somewhat viable option to work prior to AOS, although had obvious risks of a period of not being authorized to work between the end of the 90 days and when the I-485's EAD would be issued.