ukmancoll

As far as I can read on websites, if you are admitted into the US on a K1 visa, you have the right to work.

At the same time, it seems as though you have to wait for the 90 days to run out before you can apply for a temp EAD card.

Can someone just clarify this for me? If you are here on a K1 visa, is it your right to work? Why do you have to wait the 90 days? On the Social Security website it says this:

"The “K-1� symbol on your immigration document means you are the fiancé of a U.S. citizen and are authorized to work."

Is there no way that on arrival into the US you can just take all of your K1 documents to a SS office and try and get the work authorisation? (I am aware that JFK sometimes gives a temp EAD).

Thanks for the advice.

Steve2003

see this page: http://www.visajourney.com/forums/index.php?pg=k1k3ead

SecretGarden

Hi there,
You're really close....but not quite. The EAD and the Social Security number are two separate entities issued by two separate agencies. In order to be authorized to work, you must have 1. an EAD issued by the USCIS (or temporary work stamp from the POE) in hand, AND 2. a social security number issued by the Social Security Administration (OR a statement from the SSA saying that you applied for a number).

K1s are lucky in some respects when compared to K3s, because a K3 has to have the actual EAD in hand before they are allowed to apply for a social security number. A K1 can apply for a number as soon as his or her information shows up in the SAVE system (which can take anywhere from a few days to a few weeks after entry to show up there).

The temporary work stamp at the POE would be useful if, for instance, your information showed up immediately in the SAVE system and you were able to get a social security number assigned right away, OR if you already had a SSN assigned to you through a previous visa.

A K1 can apply for the EAD as soon as he or she has fulfilled the terms of the visa and gotten married. You would typically apply for Adjustment of Status and EAD/AP concurrently. If 90 days have passed since your application was submitted, and you still haven't received the EAD, then you are entitled to go into your district office and obtain an interim EAD to work until you receive the one you applied for originally.

Some people on the group have gotten the stamp at the POE and shown up in the SAVE system very quickly, obtained the SSN and were able to actually make use of the temporary EAD stamp. It seems to me that the planets have to align just right in order for all this to work within the first 90 days after entry. My hubby wasn't that lucky, but his EAD was approved in 89 days and he started his job this morning.

Hope this helps and didn't just confuse you even more!
~SecretGarden

Steve2003

for getting a SSN read this guide:

http://www.visajourney.com/forums/index.php?pg=k1k3ead

-Steve

jeffreyhy

ukman,

There is a difference between being employment authorized (having the right to work) and having a document that shows you are employment authorized.

A K1 doesn't need to have the document in order to get a Social Security Card, but does need to have the document to show to a potential employer. Without the document, you may have the right to work but an employer is not permitted to hire you.

A K1 does not need to wait 90 days to apply for an employment authorization document.

The Social Security Administration cannot give immigrants employment authorization and does not issue employment authorization documents. The USCIS does.

Regards, JEff

scrubbedexpat099

JFK seems the only POE providing the stamp.

So this is the route to take if this important to you.