k1
Nov 23rd 2006, 8:28 pm
#1
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 10
k1
Hello again...its me...
well we have decided definately its a case of getting the K1, we are thinking about lawyers - we have a friend who is studying law and she knows a guy in manhattan, cant help thinking we could save the 2 grand but perhaps it is worth it to go some way to ensuring paperwork is done correctly etc etc and you have an "experienced" individual at your disposal.
ok so anyway, i have a couple of questions around the k-1.
i understand you can theoretically work for the first 90 days (and can pretty much prove it if JFK is POE and you get a stamp) - has anyone done this?! i would imagine you would need a SSN - in fact not just the number but the SSN card to be considered for anything more serious than barwork?
here is a little remaining confusion on my part - i have read bits and pieces about something that you cannot apply for until you have been in the US for 90 days, is this a 90 day EAD card? - of course this can only be applied for after marriage and submittal of AOS, right?
Hopefully if the above para is wrong someone will have advised WHEN you can get your first 90 day EAD card - but whenever it is - this can be extended, right? for another 90 and another 90 (again theoretically) until such time that you receive your 1 year EAD card? and if one is requiring an extension to the 1 year card - this can be granted?
i have seen it written in a few places (and challenged in a few places) but can someone confirm my suspicions - whatever stamp is in your passport, or whatever 90 day card you have, you will not be considered for any seroius employment until in possession of a 1 year EAD card, and an SSN card? i base this on the fact that i would not emply someone with a 90 day card with no guarantee of an extension.
now i have read alot re NYC timescales etc - but does anyone have a view on timescales for the milestones involved here:
time to get interview with embassy in london
time to get 90 day card EAD after filing AOS, and time to get any extensions
time to get one year card after AOS
time to get SSN number
many thanks as always, i look forward to hearing from you....
rgds,
tom
well we have decided definately its a case of getting the K1, we are thinking about lawyers - we have a friend who is studying law and she knows a guy in manhattan, cant help thinking we could save the 2 grand but perhaps it is worth it to go some way to ensuring paperwork is done correctly etc etc and you have an "experienced" individual at your disposal.
ok so anyway, i have a couple of questions around the k-1.
i understand you can theoretically work for the first 90 days (and can pretty much prove it if JFK is POE and you get a stamp) - has anyone done this?! i would imagine you would need a SSN - in fact not just the number but the SSN card to be considered for anything more serious than barwork?
here is a little remaining confusion on my part - i have read bits and pieces about something that you cannot apply for until you have been in the US for 90 days, is this a 90 day EAD card? - of course this can only be applied for after marriage and submittal of AOS, right?
Hopefully if the above para is wrong someone will have advised WHEN you can get your first 90 day EAD card - but whenever it is - this can be extended, right? for another 90 and another 90 (again theoretically) until such time that you receive your 1 year EAD card? and if one is requiring an extension to the 1 year card - this can be granted?
i have seen it written in a few places (and challenged in a few places) but can someone confirm my suspicions - whatever stamp is in your passport, or whatever 90 day card you have, you will not be considered for any seroius employment until in possession of a 1 year EAD card, and an SSN card? i base this on the fact that i would not emply someone with a 90 day card with no guarantee of an extension.
now i have read alot re NYC timescales etc - but does anyone have a view on timescales for the milestones involved here:
time to get interview with embassy in london
time to get 90 day card EAD after filing AOS, and time to get any extensions
time to get one year card after AOS
time to get SSN number
many thanks as always, i look forward to hearing from you....
rgds,
tom
Nov 23rd 2006, 8:50 pm
#2
_____________________
Joined: May 2004
Location: Guess!
Posts: 179
Re: k1
Originally Posted by tom88_88
Hello again...its me...
well we have decided definately its a case of getting the K1, we are thinking about lawyers - we have a friend who is studying law and she knows a guy in manhattan, cant help thinking we could save the 2 grand but perhaps it is worth it to go some way to ensuring paperwork is done correctly etc etc and you have an "experienced" individual at your disposal.
ok so anyway, i have a couple of questions around the k-1.
i understand you can theoretically work for the first 90 days (and can pretty much prove it if JFK is POE and you get a stamp) - has anyone done this?! i would imagine you would need a SSN - in fact not just the number but the SSN card to be considered for anything more serious than barwork?
here is a little remaining confusion on my part - i have read bits and pieces about something that you cannot apply for until you have been in the US for 90 days, is this a 90 day EAD card? - of course this can only be applied for after marriage and submittal of AOS, right?
Hopefully if the above para is wrong someone will have advised WHEN you can get your first 90 day EAD card - but whenever it is - this can be extended, right? for another 90 and another 90 (again theoretically) until such time that you receive your 1 year EAD card? and if one is requiring an extension to the 1 year card - this can be granted?
i have seen it written in a few places (and challenged in a few places) but can someone confirm my suspicions - whatever stamp is in your passport, or whatever 90 day card you have, you will not be considered for any seroius employment until in possession of a 1 year EAD card, and an SSN card? i base this on the fact that i would not emply someone with a 90 day card with no guarantee of an extension.
now i have read alot re NYC timescales etc - but does anyone have a view on timescales for the milestones involved here:
time to get interview with embassy in london
time to get 90 day card EAD after filing AOS, and time to get any extensions
time to get one year card after AOS
time to get SSN number
many thanks as always, i look forward to hearing from you....
rgds,
tom
well we have decided definately its a case of getting the K1, we are thinking about lawyers - we have a friend who is studying law and she knows a guy in manhattan, cant help thinking we could save the 2 grand but perhaps it is worth it to go some way to ensuring paperwork is done correctly etc etc and you have an "experienced" individual at your disposal.
ok so anyway, i have a couple of questions around the k-1.
i understand you can theoretically work for the first 90 days (and can pretty much prove it if JFK is POE and you get a stamp) - has anyone done this?! i would imagine you would need a SSN - in fact not just the number but the SSN card to be considered for anything more serious than barwork?
here is a little remaining confusion on my part - i have read bits and pieces about something that you cannot apply for until you have been in the US for 90 days, is this a 90 day EAD card? - of course this can only be applied for after marriage and submittal of AOS, right?
Hopefully if the above para is wrong someone will have advised WHEN you can get your first 90 day EAD card - but whenever it is - this can be extended, right? for another 90 and another 90 (again theoretically) until such time that you receive your 1 year EAD card? and if one is requiring an extension to the 1 year card - this can be granted?
i have seen it written in a few places (and challenged in a few places) but can someone confirm my suspicions - whatever stamp is in your passport, or whatever 90 day card you have, you will not be considered for any seroius employment until in possession of a 1 year EAD card, and an SSN card? i base this on the fact that i would not emply someone with a 90 day card with no guarantee of an extension.
now i have read alot re NYC timescales etc - but does anyone have a view on timescales for the milestones involved here:
time to get interview with embassy in london
time to get 90 day card EAD after filing AOS, and time to get any extensions
time to get one year card after AOS
time to get SSN number
many thanks as always, i look forward to hearing from you....
rgds,
tom
I came on a K1 and it took me 6 months to get an SSN, but that's extreme. Most people get one a lot sooner.
However...
There are no guarantees with this process. You should be prepared to have to wait before you can work, just in case.
Going with a lawyer is your choice, but if there are no serious issues with your case (criminal record, overstays etc.), you might want to think twice before shelling out $2,000. Your concern about the SSN sugests money might be an issue. If it is, you might need that couple of grand to tide you over till you get work.
Many of us have handled this process successfully without a lawyer. It's pretty straightforward. The waiting is the worst, and a lawyer can't jump you ahead of the queue.
If you do decide to go with a lawyer, make sure they're a member of AILA. Lawyers who don't specialize in immigration have been known to make stupid mistakes! There are a couple of AILA lawyers on this forum who could probably recommend someone in your area, or you could find one on the AILA website.
Good luck! My timeline is on my website--link below the signature.
Regards
-=-
Scarlett
Last edited by Scarlett-Dallas; Nov 23rd 2006 at 8:56 pm.
Nov 24th 2006, 3:33 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: k1
Hi Tom,
You have a few misunderstandings. Here's how it works. You arrive at JFK with your K1 visa,and you get a 90-day temp EAD stamp in your passport.
Now...on the work/SSN side of things, you need to wait about a week after arrival to apply for SSN, to give your info time to get into the system so when SS checks your status, you'll be in there. Then it takes a couple of weeks to get the SS card. So at the quickest, you could have your SS card within 3 or maybe 4 weeks of entry. An employer will need to see a letter from SS stating you've applied for the card, which you will get from the SS office when you go apply...IF your name is in the system and they accept your application.
Now...on the EAD side of things, you will have that temp 90-day stamp when you first enter. When you apply for your AOS, you also file form I-765 for your 1-year EAD card. That card takes about 90 days to receive in the mail. You cannot "extend" the temp EAD stamp that you got from JFK. So you may end up with a gap between work authorizations. It's up to the employer whether to keep you employed during that time or not. USCIS forgives you if you work during that time, though.
If your AOS ends up taking too long, and your 1-year EAD is going to expire, you can apply for a renewal of that card, for another 1-year card.
Hope that clears up your questions.
Rene
You have a few misunderstandings. Here's how it works. You arrive at JFK with your K1 visa,and you get a 90-day temp EAD stamp in your passport.
Now...on the work/SSN side of things, you need to wait about a week after arrival to apply for SSN, to give your info time to get into the system so when SS checks your status, you'll be in there. Then it takes a couple of weeks to get the SS card. So at the quickest, you could have your SS card within 3 or maybe 4 weeks of entry. An employer will need to see a letter from SS stating you've applied for the card, which you will get from the SS office when you go apply...IF your name is in the system and they accept your application.
Now...on the EAD side of things, you will have that temp 90-day stamp when you first enter. When you apply for your AOS, you also file form I-765 for your 1-year EAD card. That card takes about 90 days to receive in the mail. You cannot "extend" the temp EAD stamp that you got from JFK. So you may end up with a gap between work authorizations. It's up to the employer whether to keep you employed during that time or not. USCIS forgives you if you work during that time, though.
If your AOS ends up taking too long, and your 1-year EAD is going to expire, you can apply for a renewal of that card, for another 1-year card.
Hope that clears up your questions.
Rene
Nov 24th 2006, 3:35 am
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: k1
I should also add that you might have heard of getting an interim EAD, if the 1-year card takes longer than 90 days to process. This is being phased out, and USCIS has posted a notification that local offices are no longer giving out interim EADs. So don't count on that.
Rene
Rene
Nov 24th 2006, 4:20 pm
#5
I'm back!
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: k1
Originally Posted by Noorah101
I should also add that you might have heard of getting an interim EAD, if the 1-year card takes longer than 90 days to process. This is being phased out, and USCIS has posted a notification that local offices are no longer giving out interim EADs. So don't count on that.
Rene
Rene
Think about it. The EAD stamp is no longer given out anywhere but JFK, and even then it's not a guaranteed thing. Employers don't know what a K1 visa is or that it's work-authorized; hell, a lot of them think you can't legally work unless have a work visa, a green card, or even US citizenship. On occasion, some SSN officials have refused to give out SSN cards to K1ers unless the applicant shows their EAD. Even some USCIS people don't understand that K1s are (currently) work-authorized.
Once the K1er jumps through all these hoops and hurdles, finally gets proof of work authorization and also their SSN, they've already got fewer than 90 days to work anyway -- and that's assuming that everyone involved in the process is on the same page and handles everything promptly and correctly. Then, after all that, their temporary work authorization can't even be renewed until their EAD application is approved because the interim EAD is being phased out.
I'm not saying it CAN'T be done. But wouldn't it be more practical to assume that if you're coming in on a K1 visa, don't expect to work for 3-4 months? Because honestly, assuming that you'll be able to work for even a month or two and then discovering it's not going to happen will be a rude awakening for most people and their families.
~ Jenney
Nov 24th 2006, 7:33 pm
#6
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 10
Re: k1
Originally Posted by Jenney & Mark
After reading this thread and the OP's other thread in the US Visas forum, plus other discussions about the troubles K1ers have in proving/obtaining temporary work authorization, doesn't it almost seem silly for prospective K1ers to assume they have a decent chance of being gainfully employed for a significant amount of time after they arrive in the US?
Think about it. The EAD stamp is no longer given out anywhere but JFK, and even then it's not a guaranteed thing. Employers don't know what a K1 visa is or that it's work-authorized; hell, a lot of them think you can't legally work unless have a work visa, a green card, or even US citizenship. On occasion, some SSN officials have refused to give out SSN cards to K1ers unless the applicant shows their EAD. Even some USCIS people don't understand that K1s are (currently) work-authorized.
Once the K1er jumps through all these hoops and hurdles, finally gets proof of work authorization and also their SSN, they've already got fewer than 90 days to work anyway -- and that's assuming that everyone involved in the process is on the same page and handles everything promptly and correctly. Then, after all that, their temporary work authorization can't even be renewed until their EAD application is approved because the interim EAD is being phased out.
I'm not saying it CAN'T be done. But wouldn't it be more practical to assume that if you're coming in on a K1 visa, don't expect to work for 3-4 months? Because honestly, assuming that you'll be able to work for even a month or two and then discovering it's not going to happen will be a rude awakening for most people and their families.
~ Jenney
Think about it. The EAD stamp is no longer given out anywhere but JFK, and even then it's not a guaranteed thing. Employers don't know what a K1 visa is or that it's work-authorized; hell, a lot of them think you can't legally work unless have a work visa, a green card, or even US citizenship. On occasion, some SSN officials have refused to give out SSN cards to K1ers unless the applicant shows their EAD. Even some USCIS people don't understand that K1s are (currently) work-authorized.
Once the K1er jumps through all these hoops and hurdles, finally gets proof of work authorization and also their SSN, they've already got fewer than 90 days to work anyway -- and that's assuming that everyone involved in the process is on the same page and handles everything promptly and correctly. Then, after all that, their temporary work authorization can't even be renewed until their EAD application is approved because the interim EAD is being phased out.
I'm not saying it CAN'T be done. But wouldn't it be more practical to assume that if you're coming in on a K1 visa, don't expect to work for 3-4 months? Because honestly, assuming that you'll be able to work for even a month or two and then discovering it's not going to happen will be a rude awakening for most people and their families.
~ Jenney
