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

[DmytriiD 186]

Just now, Kyle&Ana said:

actually ppl is doing it that way!

Okay, I will try, thank you

[Kyle&Ana 718]

Just now, DmytriiD said:

Okay, I will try, thank you

try to attach some evidence there are several post about how to expedite EAD here in visajourney and they are recent!

[DmytriiD 186]

1 minute ago, Kyle&Ana said:

try to attach some evidence there are several post about how to expedite EAD here in visajourney and they are recent!

To attach it for USCIS review?

And do you think should I attach like a letter describing why do I want to expedite? right?

[Kyle&Ana 718]

6 minutes ago, DmytriiD said:

To attach it for USCIS review?

And do you think should I attach like a letter describing why do I want to expedite? right?

try this one:

or this link:

 

https://www.visajourney.com/forums/topic/670258-ead-expedite-request-when-to-expect-a-response/?page=2

Edited October 15, 2018 by Kyle&Ana

[TNJ17 1,329]

That is such incorrect information. K1 visa holders are not allowed to work until they receive EAD in hand. There is no 90 day rule for work. There is no 1 day rule for work. You are allowed to apply for your work authorization after you get married. Nothing else. You can apply for an expedite on your EAD if you have a job offer. But that is all. 

[geowrian 22,335]

I'll just 2 points re: working in the 90 days from entry on a K-1:

1) Thousands of users on this website alone have gone through the K-1 process. If there was a legal way to obtain employment based on just the visa, it would have been covered here extensively. The ability to work is something that many (most?) people want to do on a K-1.

2) If the visa / I-94 stamp was sufficient to work for those 90 days, then what would be the purpose of applying for an EAD in that timeframe that also expires at the end of the 90 days? That's a hefty fee and waiting for something that the person can already do with just their stamp / I-94. It just doesn't make sense why that process would be in place.

[Ontarkie 13,911]

1 hour ago, DmytriiD said:

idk why should I believe this if official USCIS doc says: "You are only authorized to work under this category during your 90 days in K-1 or K-2 status."

Also I called DHS and they confirmed that in K-1 status I can work until my I-94 expires.

 

 

 

 

 

Once upon a time you could get a Temp stamp on POE that allowed you to work for those 90 days. That has been gone for many years now. The only way now is to have EAD on hand, once married and you have applied for AOS, AP and EAD. 

 

 

 

~~Thread moved to Working and Traveling, from K1 P&P~~

~~Three threads merged. Do Not start another thread on this topic again. It is considered spamming and will result in admin action.~~

Edited October 15, 2018 by Ontarkie

[DmytriiD 186]

5 minutes ago, geowrian said:

I'll just 2 points re: working in the 90 days from entry on a K-1:

1) Thousands of users on this website alone have gone through the K-1 process. If there was a legal way to obtain employment based on just the visa, it would have been covered here extensively. The ability to work is something that many (most?) people want to do on a K-1.

2) If the visa / I-94 stamp was sufficient to work for those 90 days, then what would be the purpose of applying for an EAD in that timeframe that also expires at the end of the 90 days? That's a hefty fee and waiting for something that the person can already do with just their stamp / I-94. It just doesn't make sense why that process would be in place.

just called to USCIS again and asked them again....the woman over the phone clearly said me: " yes, it is correct, you are authorized to work during your 90 days, but on day 91 you are NOT." So, I submitted a request to expedite and they said I will get a mail in 5 business days because the desired employment date is 22OCT.

 

P.S: when I am asking them this question I mention them I-765 form Instructions and ask them to open it and tell them a page number, read it to them and they see it as well in front of them...after this I ask is this information correct? are you sure? .....just finished this call. Idk what to tell you all guys. This website and thousands of users here was also telling me that CBP officers can see you are currently processing for K-1 visa process when you enter on any other type of visa. But it was not true...thousands of users was not providing true information here...I personally asked CBP office in Cali (my work was closely attached to CBP, docs, cargo, etc) and he said me CBP officer at the POE cant see if you are currently processing for other visas,etc...they dont have such info.

[Marieke H 2,301]

2 minutes ago, DmytriiD said:

just called to USCIS again and asked them again....the woman over the phone clearly said me: " yes, it is correct, you are authorized to work during your 90 days, but on day 91 you are NOT." So, I submitted a request to expedite and they said I will get a mail in 5 business days because the desired employment date is 22OCT.

 

P.S: when I am asking them this question I mention them I-765 form Instructions and ask them to open it and tell them a page number, read it to them and they see it as well in front of them...after this I ask is this information correct? are you sure? .....just finished this call. Idk what to tell you all guys. This website and thousands of users here was also telling me that CBP officers can see you are currently processing for K-1 visa process when you enter on any other type of visa. But it was not true...thousands of users was not providing true information here...I personally asked CBP office in Cali (my work was closely attached to CBP, docs, cargo, etc) and he said me CBP officer at the POE cant see if you are currently processing for other visas,etc...they dont have such info.

So why did you come here to ask questions, if we are all giving you wrong information? Seems like we are all just wasting our time here. @geowrian, I am sorry I dragged you into this conversation earlier!

I'm out, good luck.

[DmytriiD 186]

3 minutes ago, MariekeH said:

So why did you come here to ask questions, if we are all giving you wrong information? Seems like we are all just wasting our time here. @geowrian, I am sorry I dragged you into this conversation earlier!

I'm out, good luck.

I am trying to bring things up here what I question about and maybe it will help other people in their journey and will make it easier for them. 

[Ontarkie 13,911]

You cannot work without the EAD. Yes a K1 is work authorized. The part you are confused about and the part the misinformation line is also screwing up is  the part where you are allowed to apply for work authorization.  

 

You cannot work without the EAD but you are allowed to apply for one. The reason is to allow you to get a SSN. 

 

So lets go back a step. You come on a B, student or esta. They are not work authorized, so they cannot apply for a work permit/EAD. 

You came on a K1 so you are allowed to apply for an EAD. See a K1 is work authorized, this allow you to apply for an EAD.

 

Yes long ago the POE used to stamp your passport to allow work during those 90 days.

Long ago you used to be able to apply for an EAD for those 90 days, but as the EAD took too long to apply nobody ever applies for it. Plus when applying before AOS you have to pay for it. 

 

 

So no thousands of users are not providing miss information. You are not understanding what it means to be worked authorized. Plus good luck to your employer with the e-verify, because you have no documents to prove you are eligible to work. 

[DmytriiD 186]

3 minutes ago, Ontarkie said:

You cannot work without the EAD. Yes a K1 is work authorized. The part you are confused about and the part the misinformation line is also screwing up is  the part where you are allowed to apply for work authorization.  

 

You cannot work without the EAD but you are allowed to apply for one. The reason is to allow you to get a SSN. 

 

So lets go back a step. You come on a B, student or esta. They are not work authorized, so they cannot apply for a work permit/EAD. 

You came on a K1 so you are allowed to apply for an EAD. See a K1 is work authorized, this allow you to apply for an EAD.

 

Yes long ago the POE used to stamp your passport to allow work during those 90 days.

Long ago you used to be able to apply for an EAD for those 90 days, but as the EAD took too long to apply nobody ever applies for it. Plus when applying before AOS you have to pay for it. 

 

 

So no thousands of users are not providing miss information. You are not understanding what it means to be worked authorized. Plus good luck to your employer with the e-verify, because you have no documents to prove you are eligible to work. 

I had SSN before arrival on K-1.

Also, Idk what can I tell after 3 customer reps of USCIS said me you can work during your 90 days and only 1 said you can not.

I am not sure and this is why I ask questions here.

I made one call to DHS and they confirmed I can work till I-94 expires as well...so as per my statistics (4-1 as per official employees of DHS and USCIS and 0-1 as per VisaJourney Users).

[Lemonslice 4,550]

1 hour ago, DmytriiD said:

I copied to you what exactly instructions says...and  screenshot was attached in the previous topic.

Employer doesn't know how to check this, so they are asking me to make sure...this is why I called DHS (because it says only with DHS authorization on my SSN)...

 

Employer has to read the very very easy to understand i-9 Guide for employers. You'll/they'll realize you're missing a document.

 

https://www.uscis.gov/i-9-central/handbook-employers-m-274

[Ontarkie 13,911]

4 minutes ago, DmytriiD said:

I had SSN before arrival on K-1.

Also, Idk what can I tell after 3 customer reps of USCIS said me you can work during your 90 days and only 1 said you can not.

I am not sure and this is why I ask questions here.

I made one call to DHS and they confirmed I can work till I-94 expires as well...so as per my statistics (4-1 as per official employees of DHS and USCIS and 0-1 as per VisaJourney Users).

Because you are calling a call center. That person is reading a script. It says you are work authorized. This is what allows you to get a SSN, after that date you will not get a SSN.  

[Ontarkie 13,911]

Here it's pretty clear from USCIS's website them self. 

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens