CalgaryAMC

The original post was confusing and brought together two unrelated issues: the Mexican issue (for want of a better descriptor) and the K1/K3 issue. These issues are clearly unrelated.

You have missed the real point of the original post, however. The point is not that a K3 cannot work legally, or that a Mexican can, or anything in between. There is no need to squeeze the juice out of the pip on this Mexican point.

The point is that for a K3 to be work authorized takes three months. Whilst for a K1 it can be instantaneous, since they can receive it at POE. The question is, why the difference?

It seems no one knows.

HunterGreen

I don't KNOW either, but I THINK it's not that complicated to figure out. Provided I have the right information, because that's what I'm basing my theory on.

First, K1's can work for 90 days after entrance. If they get married within these 90 days, they have to apply for an EAD just like someone who enters on a K3. If they don't get married, they have to leave the country.

Second, a K3 visa is meant to be able to wait out the approval of an I-130. If a K3 was allowed to work right away, without any further investigation (the EAD process), and found a job, what would happen if the I-130 got denied, say, because there are doubts about if the marriage is genuine? They would be able to adjust status based on their job maybe (have the employer file or something).
Then they'd weazle themselves into the US, wouldn't they. More people would find out and more and more scam marriages would happen... it would just open a great big box of loopholes for people trying to get into the US 'no matter what'.

They don't run that risk with K1's - if they don't get married their outta here after 90 days and if they do get married it's the same procedure as for K3's.

How do y'all like my little conspiracy theory??

Elaine
(who has nothing better to do right now because waiting for a plumber is no fun *looks at clock*)

CalgaryAMC

Interesting, but I don't buy it.

According to your assumptions, I don't think it would make sense for a K1 need a work permit at all, if the purpose of entry is just to get married? Surely it would make more sense to only have them eligible for a work permit after the marriage has taken place - after they are married and AOS...

lpdiver

The answer is VERY simple... money. Remember that check for $120?

scrubbedexpat099

I think the danger here is assumption of logic in the system.

Most K1's do not get work authorisation btw.

If anyone finds an official statement saying that any of this is logical, I would be gobsmacked.

CalgaryAMC

I think you have probably hit the nail on the head.

Rete

Who says they can? You are under the assumption that if they go through JFK and get the coveted stamp on their I-94 that all employment doors open for them immediately. WRONG!

One in thousands of POEs give a stamp. But the stamp is only good for 90 days. You will have to stop work before you get the one year EAD since they rarely these days overlap.

Next is the SSN issue. Yes, a K-1 might be able to walk into an SSA office with the ~right~ to apply for an SSN but have you been around long enough (I don't think so) to witness the many people who waited 1, 2, 3, 4, 5 months for SSA to receive vertification of their right to a K-1 from the USCIS before they obtained it?

Yes, your thoughts have basis in logic but you have not taken into consideration that a stamp is MEANINGLESS without a SS number and that the stamp expires.

At least the K-3 will get a TWO year EAD for the same price that a K-1 pays for a ONE year EAD.

I believe you are only responding to this issue because you are angry but I also believe your anger is wrongly directed.

Rete

CalgaryAMC

If you have arrived at that conclusion because I won't suffer pompous twits who believe I - or anyone else here - requires a lecture on political correctness, then you may have a point. Otherwise you are absolutely wrong.

I just think that K1/K3 difference is an interesting question, the same as I think naturalization and traffic tickets is interesting. Oddities entertain me. For me this board is fun, not a place to vent my frustrations or learn the immigration gospel.

Back to the question then...

I think you're wrong about the value of employment authorization. It has value without a SSN. You can legally accept employment with employment authorization without having received a SSN, provided you have applied for one.

Either way, it doesn't matter. We are still no closer to understanding why it is that the K1 and the K3 are different.