K1 visa- automatically entitled to work?

[Dervlyah 31]

Hi everyone. 
 

I recently arrived into the US on a K1 visa and married my fiancé. We are in the process of applying for adjustment of status. 
 

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself. Please see following links: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 
 

Every time I’ve googled this, every other source seems to say that DHS and EAD authorization is required prior to work. Even visa journey itself links ( https://www.visajourney.com/content/ssn/ )to one of these above website and states this, even though the website itself states the opposite. Has anyone else encountered this? 
 

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

 

[USS_Voyager 1,972]

7 minutes ago, Dervlyah said:

they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself

That is wrong somehow. The SSA does not have the authority to authorize work for aliens. The DHS and specifically, USCIS does. And this is from USCIS website:

 

"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

 

You must apply for an EAD and get it approved before you can work when you arrive as a K1. Now, you can apply for an EAD as K1 the minute you just arrive and before you married your US citizen fiance. However, that EAD, if approved, only valid until the validity of your I-94, which is 90 days from the day of entry, and it generally take more than 90 days to approve an EAD so that is usually useless. Most people just get married, apply AOS/EAD/AP and roll with that. 

 

 

[WandY 430]

Hire a more competent lawyer. The difference between getting married and going the CR-1 route instead of the K-1 is that the CR-1 provides an EAD (ready to work when he/she lands in the U.S.). Not so with the K-1.

[Dervlyah 31]

Hi! Thanks for the response. I think you are right. I do however disagree that we need to apply for approval, as we would apply for is “evidence of work authorization “. We are authorized to work As per the SS website and the USCIS website itself, just DHS needs to issue us a card to confirm this. 
 

Overall it’s not worth the effort as it could take a while for them to issue the card And at that stage the 90 days are almost up. 

[Dervlyah 31]

3 minutes ago, WandY said:

Hire a more competent lawyer. The difference between getting married and going the CR-1 route instead of the K-1 is that the CR-1 provides an EAD (ready to work when he/she lands in the U.S.). Not so with the K-1.

My lawyer is quite competent. They got me this far. My question to them was if I could get my SSN.  As a result of this they discovered that K1 visa holders can work. However only for the 90 day duration. 
 

We are applying for adjustment of status, work permit, travel permit and green card none the less. 

Edited November 7, 2019 by Dervlyah
Further clarification

[SuznAaron 121]

1 minute ago, Dervlyah said:

Hi! Thanks for the response. I think you are right. I do however disagree that we need to apply for approval, as we would apply for is “evidence of work authorization “. We are authorized to work As per the SS website and the USCIS website itself, just DHS needs to issue us a card to confirm this. 
 

Overall it’s not worth the effort as it could take a while for them to issue the card And at that stage the 90 days are almost up. 

No you are incorrect. You can obtain a SSN when you come over on a K1 but you cannot work with just the SSN. As stated above you must wait for your green card when you file for adjustment of status or you can file for the I 765  which will allow you to work before the greencard comes in. We are going through this now so I do know. We filed for the  I 765 along with the I 131 and I 485 all together. 

[Boiler 45,670]

I also question the Lawyer competency as this is pretty basic stuff, is this Lawyer an Immigration Lawyer?

 

SSN is not work authorisation, it is a Social Security Number, useful as effectively it is used as an identity card in the US. Even if it is not.

 

Used to be that you could get EAD associated with the K1 as a stamp on arrival or very soon after, could still be useful if you expedite, but might make more sense just to marry file to adjust and expedite EAD associated with that that asap.

 

 

[SuznAaron 121]

5 minutes ago, Dervlyah said:

My lawyer is quite competent. They got me this far. My question to them was if I could get my SSN and as a result of this they discovered that K1 visa holders can work. However only for the 90 day duration. 

Sadly your lawyer isnt as competent as you think. Happens more often than not. Just search the site for horror stories.  Most people on here got this far and further without lawyers. Good luck! 

[Dervlyah 31]

Hi everyone.

What I am stating here is that technically the K1 visa entitles you to work according to both the SS website and USCIS. However you still have to apply to DHS to get them to issue you a card that states this fact. You don’t need them to approve it, the visa itself entitles you to work. Applying for the card only requests them to confirm this .  This process takes longer than the 90 days that the visa is valid for. So this is not really worth the time. 
 

Thanks for all your responses. 

[USS_Voyager 1,972]

14 minutes ago, Dervlyah said:

I do however disagree that we need to apply for approval, as we would apply for is “evidence of work authorization “. We are authorized to work As per the SS website and the USCIS website itself, just DHS needs to issue us a card to confirm this. 

No, you are NOT authorized to work. K-1 is not authorized to work without EAD. I don't care what the SSA is telling you because as I mentioned, the SSA does NOT have the authority to grant work authorization to aliens in the US. Only the DHS, which USCIS is part of, can do that. You cannot work until to have an EAD in hand is the right answer.

[aaron2020 11,651]

18 minutes ago, Dervlyah said:

Hi! Thanks for the response. I think you are right. I do however disagree that we need to apply for approval, as we would apply for is “evidence of work authorization “. We are authorized to work As per the SS website and the USCIS website itself, just DHS needs to issue us a card to confirm this. 
 

Overall it’s not worth the effort as it could take a while for them to issue the card And at that stage the 90 days are almost up. 

lol

 

You think we're right, but immediately you insist that you're right.  

 

lol

4 minutes ago, Dervlyah said:

Hi everyone.

What I am stating here is that technically the K1 visa entitles you to work according to both the SS website and USCIS. However you still have to apply to DHS to get them to issue you a card that states this fact. You don’t need them to approve it, the visa itself entitles you to work. Applying for the card only requests them to confirm this .  This process takes longer than the 90 days that the visa is valid for. So this is not really worth the time. 
 

Thanks for all your responses. 

Entitled to work WITH AN EAD.  You are leaving out a very important part.  

[aaron2020 11,651]

From USCIS.  In the part titled "Permission to Work."

 

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

 

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.

[Dervlyah 31]

Ok thanks everyone. I was just trying to figure a process out! No need to get nasty!

[yuna628 9,680]

K1 visa holder cannot work unless they have an EAD in their hands and an SSN. Entering the US with a K1 grants you the ability to adjust status and file for an EAD after you marry. There is nothing I'm reading in the SSA documents actually that disprove this notion and the lawyer is misinterpreting the rules inappropriately. A person who entered on a K1 is allowed to obtain an SSN from the SSA that legally allows them to work, and that is why they are able to obtain an SSN. HOWEVER, they will not, nor will they ever be able to work with that SSN, UNLESS they file and obtain an EAD. The EAD is the authorization. 

 

I would frankly, fire the lawyer. They can't even read documents properly.

[MASH 172]

1 hour ago, Dervlyah said:

Hi everyone. 
 

I recently arrived into the US on a K1 visa and married my fiancé. We are in the process of applying for adjustment of status. 
 

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself. Please see following links: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 
 

Every time I’ve googled this, every other source seems to say that DHS and EAD authorization is required prior to work. Even visa journey itself links ( https://www.visajourney.com/content/ssn/ )to one of these above website and states this, even though the website itself states the opposite. Has anyone else encountered this? 
 

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

 

I don't feel this is correct cause when I got my K1 visa and got married I did apply to one place and they asked for proof I can work and in on my ssn is not proof as it states its not a full SSN card that allows you to work, best to wait on the EAD card.