# Working on a K-1 Visa



## hanniepops (Aug 21, 2008)

Hi I'm coming over to the US from the UK on a K-1 visa o marry my fiance and want some advice about the quickest way to start working. I have heard that some ports of entry will stamp your visa with a work authorisation document does anyone know which ports these are? Or if there are any offices that will grant this should I not be able to get a port to do it? 

Any advice is appreciated
Thanks
Hannah


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## Fatbrit (May 8, 2008)

hanniepops said:


> Hi I'm coming over to the US from the UK on a K-1 visa o marry my fiance and want some advice about the quickest way to start working. I have heard that some ports of entry will stamp your visa with a work authorisation document does anyone know which ports these are? Or if there are any offices that will grant this should I not be able to get a port to do it?
> 
> Any advice is appreciated
> Thanks
> Hannah


JFK is the only one known to. Check your passport after they've finished with it and politely ask them to stamp it with work authorization if they forgot to put it in there.

Wait at least 10 days until you apply for your social security number -- apply any quicker and the process will be slower.

The K1 is madness incarnate -- you are work authorized for the first 90 days but can only prove it if you go through JFK. From 90 days until you get your EAD in your AOS application, you are not authorized to work. However, if you do, USCIS generally forgives it.

Don't expect HR departments to know the law. Your only necessity is to complete an I-9 after being offered a job. The choice of documents is up to you, and they may not query your immigration status beyond this. You do not need to have been issued a social security number before applying.


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## hanniepops (Aug 21, 2008)

Thankyou ever so much for your advice. 

I already have an SSN as I have worked in the US before on a J-1 visa and I was going back to work at the company I worked at before on a temporary basis until I get my proper authorization to work. Will this be ok to do straight away if I go via JFK?

Also me and fiance plan to marry as soon as I get there to speed up the process do you think it is possible that there will be no gap between the temporary 90 day EAD and the EAD in my AOS application, what are the average waiting times do you know? I will be living in Utah


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## Fatbrit (May 8, 2008)

hanniepops said:


> Thankyou ever so much for your advice.
> 
> I already have an SSN as I have worked in the US before on a J-1 visa and I was going back to work at the company I worked at before on a temporary basis until I get my proper authorization to work. Will this be ok to do straight away if I go via JFK?
> 
> Also me and fiance plan to marry as soon as I get there to speed up the process do you think it is possible that there will be no gap between the temporary 90 day EAD and the EAD in my AOS application, what are the average waiting times do you know? I will be living in Utah


So you get to keep the same SSN and card. Not worth changing the card until you've adjusted status when you can then go and get one without the "Work with USCIS Authorization" stamp.

Yes -- you can start work the day you land with that temp EAD stamp from JFK in your passport. One word of advice: give plenty of time for your onward flight to Utah as you will spend extra time in secondary processing at JFK because of the K1 visa.

Impossible to predict the speed of USCIS for your EAD. Budget for 90 days and anything quicker is a bonus. If the worse comes to the worse, you might have to take a few days vacation. Best bet is to triple check your AOS application so you don't get any dreaded RFEs.


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## twostep (Apr 3, 2008)

Fatbrit - the choice of documents for I9 is regulated by law and it is a favorite during audits. Several documents were removed recently. 
http://www.uscis.gov/files/form/I-9.pdf


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## Fatbrit (May 8, 2008)

twostep said:


> Fatbrit - the choice of documents for I9 is regulated by law and it is a favorite during audits. Several documents were removed recently.
> http://www.uscis.gov/files/form/I-9.pdf


I could have worded it better. What I mean is that it is not unknown for ignorant HR departments (and, let's face it, they seem to attract DMV's rejects!) to start demanding green cards or X, Y and Z. Legally, they can ask whether you are authorized to work in the US before they interview you for the job, and to complete an I-9 -- where you chose the documents you provide form the list -- when they give you the job. Anything else and they open themselves up to federal sanction.

However, with the information that the OP subsequently gave us that she had already worked for them, I do not think this is going to be an issue in this case.


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## twostep (Apr 3, 2008)

It was early in my world. I do not see that she has worked for "them".

The I9 puts the monkey on the employee's back - you sign that you are authorized to work.

I have seen my share of fluffies in HR but also quite a few sharp pencils.


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## synthia (Apr 18, 2007)

I believe employers are now required to verify social security numbers. At least that's what one of my friends told me.


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## Bevdeforges (Nov 16, 2007)

synthia said:


> I believe employers are now required to verify social security numbers. At least that's what one of my friends told me.


I've been trying to follow this. Evidently there is a law (passed or pending) to that effect, however the central data base for checking these things is not completely reliable and there is serious resistance from the employers on having to check all social security numbers. 
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> I've been trying to follow this. Evidently there is a law (passed or pending) to that effect, however the central data base for checking these things is not completely reliable and there is serious resistance from the employers on having to check all social security numbers.
> Cheers,
> Bev


It's very state dependent. Here in AZ, there's a law that says a business can lose its license if it knowingly employs our undocumented friends. The Everify program has therefore become standard for businesses to protect themselves. The whole law has been dragged through the courts and diluted, though. We're still in that silly phase where the states are trying to force a federal issue.

Shouldn't be an issue for the OP, though.


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