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

[Alekezam 161]

2 hours 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. "

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

Edited August 8, 2018 by Alekezam
Additional commentary

[Boiler 43,581]

2 minutes ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

Has not been issued for nearly 10 years, last PoE to do so was NY.

 

If you have evidence that someone got one more recently be fascinated to see it.

 

Not just your opinion, evidence.

[Alekezam 161]

1 minute ago, Boiler said:

Has not been issued for nearly 10 years, last PoE to do so was NY.

 

If you have evidence that someone got one more recently be fascinated to see it.

 

Not just your opinion, evidence.

No, I don't have evidence, but that's not the point I was trying to make. 

 

My point is, they gave them documentation that says it is possible. 

 

Whether or not it is something that currently happens or the last time that it happened was 10 years ago still doesn't negate an actual statement on an official document provided from the source. 

 

Show me an official document that states otherwise and I'll agree. 

 

I am not disputing the argument that it will almost certainly not happen. I am simply pointing out that they (the government needs to update their forms) to clarify. 

[geowrian 22,336]

15 minutes ago, Alekezam said:

That's how you build facts, through experiences. 

Experiences are only that...experiences. Anecdotal evidence only goes so far. What happens to one individual does not indicate what will happen to another individual, even with completely identical circumstances.

Facts would be what is stated in current policy, memos, and laws.

No harm in asking the CBP officer, although it's about as effective as asking them to loan you $100.

Edited August 8, 2018 by geowrian

[Alekezam 161]

3 minutes ago, geowrian said:

Experiences are only that...experiences. Anecdotal evidence only goes so far. What happens to one individual does not indicate what will happen to another individual, even with completely identical circumstances.

Facts would be what is stated in current policy, memos, and laws.

No harm in asking the CBB officer, although it's about as effective as asking them to loan you $100.

Agreed

[Jojo92122 1,924]

19 minutes ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

Reality matters.  What is the real world situation.  

 

There is no law requiring the US to issue an EAD to a K1 at the POE.  The Executive Branch of the US Government can choose to use its discretion and limited resources to not issue EAD to K1 at the POE.

You are confusing reality with with the law say may be possible without fully understanding governmental discretion.  What matters is the policy in current practice when government uses its discretion.  The real world practice of the US Government is what matters.

 

Edited August 8, 2018 by Jojo92122

[Alekezam 161]

2 minutes ago, Jojo92122 said:

Reality matters.  What is the real world situation.  

 

There is no law requiring the US to issue an EAD to a K1 at the POE.  The Executive Branch of the US Government can choose to use its discretion and limited resources to not issue EAD to K1 at the POE.

You are confusing reality with with the law say may be possible without fully understanding governmental discretion.  What matters is the policy in current practice when government uses its discretion.  The real world practice of the US Government is what matters.

 

Geez, I am not implying that you can easily get one at POE or even get one for that matter. 

 

I get that. 

 

I am only shedding light to the question of clarification in what is stated in the document they received from the Embassy that the original poster asked. 

 

Realistically, no way they will give one out at POE.

 

But that doesn't negate the fact that the document says there is a possibility even if it's 0.000000001% chance.

 

 

 

 

[Alekezam 161]

Just now, Alekezam said:

Geez, I am not implying that you can easily get one at POE or even get one for that matter. 

 

I get that. 

 

I am only shedding light to the question of clarification in what is stated in the document they received from the Embassy that the original poster asked. 

 

Realistically, no way they will give one out at POE.

 

But that doesn't negate the fact that the document says there is a possibility even if it's 0.000000001% chance.

 

Bottom line is, it doesn't hurt to ask when you arrive. 

 

 

 

[GP1977 288]

47 minutes ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

False. You keep on bringing up that you don’t need a copy of your noa2 at any point and like I told you before that is false. Read the instructions on the adjustment of status page and it clearly states you do  need your 797 approval notice. This is proof directly from USCIS that I 797 approval notice is required. I told you this before as did many others but I don’t want people here to get false information and rely on your incorrect advice.  I’ve included a screenshot and  the link to the instructions is here 

[Ksenia_O 695]

3 minutes ago, GP1977 said:

False. You keep on bringing up that you don’t need a copy of your noa2 at any point and like I told you before that is false. Read the instructions on the adjustment of status page and it clearly states you do  need your 797 approval notice. This is proof directly from USCIS that I 797 approval notice is required. I told you this before as did many others but I don’t want people here to get false information and rely on your incorrect advice.  I’ve included a screenshot and  the link to the instructions is here 

I believe he was talking about interview... But yes, the way it's written - sounds like about AOS.

 

 

[GP1977 288]

1 minute ago, Ksenia_O said:

I believe he was talking about interview... But yes, the way it's written - sounds like about AOS.

 

 

Interview you maybe able to proceed but yes you def need it for AOS.

[Ksenia_O 695]

4 minutes ago, GP1977 said:

Interview you maybe able to proceed but yes you def need it for AOS.

Exactly!!

Besides, you never know what they will ask you for during an interview - they barely looked at my  I-134, but I was asked to present a hard copy of our I-129-F approval. My son had his K-2 interview two months later - the same story, he had to show our NOA-2. 

Edited August 8, 2018 by Ksenia_O

[Alekezam 161]

43 minutes ago, GP1977 said:

False. You keep on bringing up that you don’t need a copy of your noa2 at any point and like I told you before that is false. Read the instructions on the adjustment of status page and it clearly states you do  need your 797 approval notice. This is proof directly from USCIS that I 797 approval notice is required. I told you this before as did many others but I don’t want people here to get false information and rely on your incorrect advice.  I’ve included a screenshot and  the link to the instructions is here 

Not really, prior to making the inquiry I should have asked my brother about his experience in this similar situation. 

 

He misplaced his NOA2 and  despite not submitting it had no issues with the AOS process. His wife got her greencard and is happily living here with him now for over 5  years now. 

 

No doubt it's way better to have it and to submit it then not but if you run into a situation such as mine and you either never receive it or lose it, that's not enough to jack up the whole process. 

 

Also, here is a thread from the past that talks on the subject. 

 

So I respectfully disagree, my statement is not false. 

 

 

Edited August 8, 2018 by Alekezam
grammar correction

[TNJ17 1,329]

1 hour ago, Alekezam said:

No, I don't have evidence, but that's not the point I was trying to make. 

 

My point is, they gave them documentation that says it is possible. 

 

Whether or not it is something that currently happens or the last time that it happened was 10 years ago still doesn't negate an actual statement on an official document provided from the source. 

 

Show me an official document that states otherwise and I'll agree. 

 

I am not disputing the argument that it will almost certainly not happen. I am simply pointing out that they (the government needs to update their forms) to clarify. 

Because embassies and USCIS are so known to give the most accurate and truthful information out there. Yeah, right.

[TNJ17 1,329]

18 minutes ago, Alekezam said:

Not really, prior to making the inquiry I should have asked my brother about his experience in this similar situation. 

 

He misplaced his NOA2 and  despite not submitting it had no issues with the AOS process. His wife got her greencard and is happily living here with him now for over 5  years now. 

 

No doubt it's way better to have it and to submit it then not but if you run into a situation such as mine and you either never receive it or lose it, that's not enough to jack up the whole process. 

 

Also, here is a thread from the past that talks on the subject. 

 

So I respectfully disagree, my statement is not false. 

 

 

You added the extra processing time yourself. Because as you said so they kept telling you you need it for aos, which is in fact what it says on USCIS as one of the requirements, but not needed for interview, however you chose to inquire about it before interview. Which slowed down your process. You could have just waited until your SO was in the states and ready to file aos to inquire about it, which would have nothing to slow down and it would have been just one phone call.