Rete

Been corrected by both Meauxna and Knight on this subject not long ago. While I agree with you and say that the K-1 visaholder has the right to work upon in the US on their K-1 visa, it would appear that the other US government agencies are not privvy to the benefits of certain visas and as such the I-9 does not conform in such a manner to allow the K-1 recipient to work without physical proof of authorization.

So if you have a job already set up you have to come through JFK and ask for the stamp.

penguinbar

Hi Everyone. Back in New York. When my fiancee flys into JFK does he need to ask for the EAD stamp when going through immigration or do they automatically give it to you? Also since we will be marrying before the 90 days is up on the temporary EAD will there be any crossover problems if he gets a new EAD while he has a temporary one? I just hope he gets work as well! He will be flying in from Edinburgh to JFK. Not for a few months though

Knight

If they don't stamp his I-94, he should just politely ask for it. I know I didn't have to ask, it was done as a matter of routine.

Even though you will be marrying before the 90 days is up, it does not mean that the new one will be approved before the 90 days are up.

There will be no problems with his EAD card arriving before his EAD stamp expires, if that happens. That's a very big if though. It's best to plan for a break in authorization between the stamp expiring and the EAD card being approved.

There is a bit of information about this on the K1 Wiki Article.

ian-mstm

None at all... the new EAD will supersede the old one.

Ian

Tracym

Once you marry, then he applies for AOS.

THEN the up to 90 days for the EAD to arrive starts.

If you wait a while to marry after he arrives, it is quite unlikely that the EAD will arrive before the temporary stamp expires - and then there will be a gap.

My Keith's EAD was quite quick though, much less than 90 days - more like 45 if I remember. Not all are that fast though, I would not count on it.

Folinskyinla

Hi Rene:

The law is VERY clear -- a K-1 is authorized to work pursuant to status. No need for an EAD.

However, the flip side of the question is can an employer hire a K-1 without and EAD? The answer is no.

TKO

Oh wait, you're not joking. Ah dear.

This whole K1/EAD thing really is like a National Lampoon film.

Knight

I don't intend to hijack this thread, I just wanted to get an answer on something I have no experience of personally.

Am I right in thinking that K3's have the same work authorization inherent to status, but don't need documentary proof of such authorization to seek employment? (I'm basing this on the way I read CFR8.274a.12).

I know they can't get an SSN until they have an EAD, but is the above CFR stating they are good to work without an EAD?

Rete

No, they do NOT. A K-3 does not have the right to work by virtue of status for the first 90 days after entry at the US POE. They DO have the right to apply for an EAD after entry and can apply for a social security number after the EAD is received.

Knight

Do you have anything that has that in writing? I just want to get some information together before I start working on the K3 wiki entry.

Rete

No! Guess you will have to research

Rete

Did it for you:

http://www.uscis.gov/propub/ProPubVA...a9f46924858b06

Note: Section III (B) Employment Authorization

It lists the K-3/K-4 as incident to work as with the K-1/K-2 and then goes on to say that they must apply for an EAD to be able to work. Gives the CR cite.

Knight

Excellent! I'd read the K3 work authorization category (a)(9) wrong and got myself confused. Thanks.

ian-mstm

Doesn't this seem a bit... well, absurd?

Ian

ian-mstm

Why wouldn't this section of the I-9 be fulfilled by virtue of the K-1 visa and I-94 stamp at the PoE? It doesn't specifically say H-1B status or something similar... but it doesn't specifically exclude K-1s either.

"An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer."

Ian