K1- Work Eligibility

[evansfan]

Does the visa itself prove the work eligibility requirement (see question marks below) I remember that at a few select airports a stamp can be obtained, does a K1 need to get an additonal document and if they do, where do they get it?

 

The K-1 symbol indicates you are the fianc¨¦ of a U.S. citizen. As such, you are eligible for a Social Security number and for employment.

To apply for a Social Security number:

 

Complete an Application For A Social Security Card (Form SS-5); and

Show us documents proving:

Immigration status;

Work eligibility; ???

Age; and

Identity.

Take your completed application and documents to your local Social Security office.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents

[Randy W]

I don't think that the stamp conveys any rights that you don't have WITHOUT the stamp. As such, I would not reccomend that anyone go out of their way to go through JFK in order to get the stamp.

 

With or without the stamp, you have the right to an SS #, and to be hired by any employer who will hire you with the knowledge that, although your employment eligibility expires in 90 days, you will be eligible to apply for EAD. There are plenty of them that will.

 

You may also apply for a 90 day EAD which will expire before you ever get it.

 

No - the K-1 is all you need for 90 days.

Edited August 3, 2007 by Randy W (see edit history)

[tywy_99]

There's a memo or two floating around here somewhere that addresses this situation. You might want to find and print them in case you need it.

[Randy W]

Yes - it helps, when going to the SS office to bring a copy of the internal SS memo which states that K-1's are eligible for SS. I'll post it tonight if someone doesn't post it before then.

 

Be sure to apply before 75 days have passed. After that, they won't process the application.

[dnoblett]

There's a memo or two floating around here somewhere that addresses this situation. You might want to find and print them in case you need it.

 

Part C

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

 

http://www.kamya.com/ssn/em00154.pdf

 

You have to apply no later than 2 weeks before the expiration date on the I-94 card, after that the K-1 holder needs either EAD card or Green-Card to apply for SSN.

 

K-1 is considered "work auth" with or without EAD stamp for the 90 days of the I-94.

[tywy_99]

There's a memo or two floating around here somewhere that addresses this situation. You might want to find and print them in case you need it.

 

Part C

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

 

http://www.kamya.com/ssn/em00154.pdf

 

You have to apply no later than 2 weeks before the expiration date on the I-94 card, after that the K-1 holder needs either EAD card or Green-Card to apply for SSN.

 

K-1 is considered "work auth" with or without EAD stamp for the 90 days of the I-94.

I knew I could count on you to do the "leg work", Dan.

I thank you and I'm sure that evansfan will thank you too.

 

Print this information, evansfan, and take it to the SSA and show it to them if they give you a hard time. Hopefully they won't.

 

-good luck

[RLS]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

[Randy W]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

 

 

The K-1 provides DHS work authorization, good for 90 days, to any employer who is willing to hire her.

 

After that, she needs EAD or a green card.

[dnoblett]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

That notation is there to instuct any prospective employer that the SSN by itself does not convey work authorization, the person needs to either show an EAD card or green-card. Also after you get the green-card, you can visit the SSA office and get the "DHS auth" notation removed.

[bosco]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

That notation is there to instuct any prospective employer that the SSN by itself does not convey work authorization, the person needs to either show an EAD card or green-card. Also after you get the green-card, you can visit the SSA office and get the "DHS auth" notation removed.

 

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

[Randy W]

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

 

 

Employment authorization of some kind is ALWAYS required, even though some hire without it. Her employer may be required to show this. On the other hand, some employers choose to not hire with anything less than the EAD.

[SirLancelot]

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

 

 

Employment authorization of some kind is ALWAYS required, even though some hire without it. Her employer may be required to show this. On the other hand, some employers choose to not hire with anything less than the EAD.

 

That's exactly the point. Some (perhaps many) employers simply don't want to deal with the hassles of K-1 visa holders as their work status goes into limbo status after 90 days of entry. To legally continue to work, one needs the EAD, but what happens during this limbo status period between expiration of K-1 visa and before issuance of EAD?

 

An employer would have to let you go after that 90 day period and rehire you once you've obtained an EAD. That is quite a hassle to strictly and technically comply with the law.

 

And yes, before Dan corrects me by stating the K-1 visa expires upon entry to the US and that the validity of a visitor/immigrant's stay in the US is governed by his or her I-94, we all generally refer to the K-1 visa as being a 90-day visa.

[dnoblett]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

That notation is there to instuct any prospective employer that the SSN by itself does not convey work authorization, the person needs to either show an EAD card or green-card. Also after you get the green-card, you can visit the SSA office and get the "DHS auth" notation removed.

 

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

We are is same boat, Yu worked at the local public school as an aid until the I-94 expired and then stopped, waiting on the green-card, they have been touching the I-485 a few times last month and then again today 8/7/07 keeping fingers crossed.

[izus]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

That notation is there to instuct any prospective employer that the SSN by itself does not convey work authorization, the person needs to either show an EAD card or green-card. Also after you get the green-card, you can visit the SSA office and get the "DHS auth" notation removed.

 

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

 

hey Curt i think you can make an InfoPass appt and get a temporary one if its past 90 days

 

http://candleforlove.com/forums/index.php?...hl=ead+question

[bosco]

My wife got a social security card right away. The only problem is, that on the front are the words -

 

"Valid for work only with DHS authorization." I assume that means she has to have the green card anyway.

That notation is there to instuct any prospective employer that the SSN by itself does not convey work authorization, the person needs to either show an EAD card or green-card. Also after you get the green-card, you can visit the SSA office and get the "DHS auth" notation removed.

 

 

...except that for the first 90 days an EAD isn't required but try to explain that to a prospective employer when you've got that DHS stamp on your SS card.....Ling is now past the 90 K1 allowance with no EAD in sight as of yet (filed on 5/4). So now we just sit and wait......

 

hey Curt i think you can make an InfoPass appt and get a temporary one if its past 90 days

 

http://candleforlove.com/forums/index.php?...hl=ead+question

 

Yes, but because of the phoney RFE's our case isn't "officially" past 90 days yet. Before our phoney "change of address" crap last week our case listed a filing date of July 14 (the date they received my SECOND set of tax returns) rather than the May 4 date they ORIGINALLY received our package.

 

Last week when I called about the phantom change of address they initiated, they said I would recieve a confirmation of our call in 45 days. I'm still waiting to find out if that will once again have reset our OFFICIAL filing date.

 

I tried to get an infopass appt. and was told there are no interview dates available in my region. (Portland, Oregon)