jazzelle29

Hey all, thankyou for your helpful advice so far.

Here's another thing my honey and I were pondering:

I already have an SSN (admittedly in my maiden name and overstamped that its valid for work only with the DHS authorisation). Once in the US and married I understand that I will have to visit the social security office and (oh joy)! The wonderful DMV to get the SSN card and my US drivers licence updated. I also have a US bank account too. All of these things got started up when I was in the States on a J1 visa.

My question is how soon after I marry will I be able to legally work in the US? Our budget is tight and I want to start work asap. What steps do I have to take to make that happen?

Thanks in advance for your answers!

hoffage123

Are you planning to go through the proper channels (K1 fiancé visa etc)? - highly advised.

Once you are in the US you need to apply for Adjustment of Status and EAD work authorisation I believe.

The others will fill you in on the rest of the detail regarding the above.

jazzelle29

Yup-paperwork all been done very properly! Going for my medical at the end of this month.

hoffage123

Good stuff. I started a thread a few weeks ago on getting a job in the US - it is in the main USA forum and got quite a lot of valuable responses. Worth taking a look if you have time.

Noorah101

As a K-1 visa holder, you are legally allowed to work from Day 1, for the first 90 days in the USA. However, you won't have any proof of being eligible to work, because the POEs no longer give an EAD stamp upon entry. So your K-1 based work authorization is practically useless, unless you can find an employer who does not need to see proof, or who does not need you to complete an I-9 form.

That said, your next opportunity to get work authorization is after you marry. As part of the AOS package, you can file form I-765 for work authorization. It takes about 60 - 90 days to get this in hand after filing AOS.

You do not need to update your SS card, the one you have which has the legend on it is acceptable.

Rene

Michael

Is it possible to get a 90 day EAD stamp in the passport by making an Infopass appointment after entry?

Noorah101

I don't know.

Rene

ian-mstm

You understand incorrectly. You already have a SSN, therefore the SSA is out of the equation. Since you can no longer get an EAD at the POE, you won't have proof of your eligibility to work - which pretty much means you can't work until you have an EAD. You apply for an EAD with your AOS paperwork. It'll take about 90 days to get the EAD after you apply... and you can't apply until after you're married. So, plan accordingly.

Ian

ian-mstm

I suppose it's possible, but I doubt it.

I was one of the last to get an EAD (not a stamp, the actual card) at a POE (1998), and within a year only JFK was still giving the stamp. JFK stopped issuing the stamp a year or so later. It's probably been a good 10 years or so since such a feat was possible.

Ian

Noorah101

I think Sadegh was one of the last to get the EAD stamp at JFK; that was in 2004.

Rene

Michael

If she needs to work quickly, she probably should make an appointment at a US center before she enters the US if possible and see if that works. If it doesn't, very little will be lost other than a few hours time and if it does, she can report back so that we know. Then if she gets married quickly and files for an EAD, it may arrive before the other one expires.

seawaternow

The new I-9 form no longer has stamp from POE as proof of work eligibility for K visas. Only I-551 stamp.

ian-mstm

She'd have to marry and file for AOS with a week of entering the US for that to work out. I'm not saying it can't be done, but I'd be surprised if it was successful.

The other practical consideration, is that she doesn't yet have a job offer... so even if she's eligible to work, what good will it do her? She certainly doesn't need permission to work in order to look for a job... and that'd seem to be the first order of business.

Anyway, it's another consideration.

Ian

ian-mstm

The old I-9 didn't have that either, so that's a bit of a red herring! Work eligibility is automatic, incident to status, for a K-1 beneficiary... but only for the 90 day validity of the visa.

Ian

Michael

Your are assuming that the EAD will take about 90 days and it could be quicker. If she has a EAD in hand after entry and finds someone to hire her, they may consider hiring her if they think that she may have another EAD before this one expires. Without an EAD, her chances of finding a job diminish.