helenscarlett

Hope you can help, this question is driving me mad.

I am waiting for my interview at the London Embassy for a K-1 fiancee visa.

My UK employer wants to keep me on working for them when I move to the US. So this would be UK employer, payment in GBP and into my UK bank.

USCIS told me that I cannot work (at all) in the US without the Employment Authorisation Document.

I know I can get temp authorization when i first arrive (valid for max 90 days) and then I get the EAD when I am married and apply for the greed card. But this takes 6 months (ish) so there will be a gap between these two things.

I cannot believe that I will have to leave my job because I can't get "authorization to work" that will cover from the time I enter the US to the time I get my full authorization with the green card.

Other people have told me that I don't need EAD because the employer is not a US company, but this is not what USCIS said.

Does anyone know? Or have any ideas who I should ask?

Noorah101

If you come through JFK as your POE, you can get a temp EAD stamp valid for 90 days. Then you won't have any issue at all working for your UK employer your first 90 days in the USA. There will probably be a gap between the temp EAD expiration, and the date you get your 1-year EAD...but if you *do* work during this time, it's generally overlooked by USCIS.

From a layman's point of view, I don't see a problem with your suggested scenario.

Rene

Rete

Those "other people" don't know what they are talking about.

Enter at JFK in New York and get the 90 day stamp. Marry asa you enter the US and apply for AOS when you have your marriage certificate. EAD's are no longer taking 90 days but less.

Start on your AOS paperwork NOW so that everything is ready for mailing as soon as you have the registered marriage certificate and the vaccination report in your hands.

helenscarlett

Thanks both. Yeah, as I feared. Coming throught JFK is not going to be easy as I am heading for Seattle. I heard that local offices can give the temp stamps. I wonder if that is true? I will ask them in Spokane, WA.

Rete

Local office correctly known as district offices, do NOT give the stamp and have not given the temporary stamp since 1998.

PS if you are talking to people at the 1-800 number for USCIS ... STOP.

Folinskyinla

Hi:

When you enter on K-1, YOU are authorized to work pursuant to status. Initially for 90 days. There is an argument to be made from the language of the statute under section 214(d) that you do not become deportable as an overstay if you marry the petitioner within 90 days. This argument has never been supported, NOR overruled by case law in the 22 years the relevant statute has been on the books. The work card is but evidence of the statutory authorization.

However, under the regulations, a United States employer cannot hire you without presentation of a work authorization. Any US employer who hires you without that employment card is subject to a $100 paperwork fine.

I may be a lawyer, but I am not your lawyer. The above is just a general statement of the law and is not to be considered legal advice in any way.

helenscarlett

Thank you. That also makes sense to me. I have heard that K1 visas are among a list of visa types which allowed the holder to work, and that the stamp and card are just the evidence you need to get a US job. I am tempted just to work from home quietly and hope it never becomes an issue...But also a little scared in case I am risking the wrath of USCIS...

Duncan Roberts

I got two interim CARDS from my district office a in 2003 and 2004 but I've heard UCSIS stopped that some time ago. I would actually think flying through JFK to Seattle would be no problem, maybe more expensive but easy. A lot of airlines fly UK-JFK and a lot fly JFK-Seattle.

meauxna

Apropos of nothing...


Unauthorized employment has routinely been forgiven at the Adjustment interview.

Rete

When I read that post, I see it as reading: You aren't working for a US Employer so what the heck ... go to it

Bluegrass Lass

My thoughts exactly! If the OP had a gap in work authorization, a US employer would potentially have a problem, but the OP is obviously authorized to work for the UK company, she just happens to be in the US. Besides, it's unlikely there would be a gap in authorization given the current speed of EAD approvals.

That being said, unauthorized work is generally forgiven of a USC spouse. However, USICS can decide to be punks about it and make an example of someone if they chose.

meauxna

But that's the same reason people can't come to the US for 6 months and 'work' for their overseas employer.. the whole telecommuting debate!

They need employment authorization to 'work' in the US no matter who/where the employer, right?

ian-mstm

Right... but a K-1 beneficiary is work authorized for 90 days the moment they enter the US. The EAD (or stamp from JFK), is merely proof of that status... it is not the status itself.

Ian

Bluegrass Lass

If she was coming over an a VWP or something, I would agree with you completely. But <sigh>, yes it is tecnically illegal without work authorization as we've said in the past, IIRC. She already has legal right to work after arrival on the K1, it's just that possible gap that she needs to worry about. Sounds like a small issue to me, and she should go for it.

Folinskyinla

Hi:

In other than immediate relative cases authorized employment is a BAR to adjustment unless there is qualification under 245(i).

In an immediate relative case, assuming the person is not an EWI, unauthorized employment is irrelevant unless the person lied on an I-9. There is nothing to "forgive" -- it just doesn't matter.