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

Scarlett-Dallas

> 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

I'm sure other people can answer with better details. My info's now 4
years out of date, but I wanted to mention a couple of things.

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

Noorah101

> 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

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

Noorah101

> 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

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

Jenney & Mark

> 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

After reading this thread and the OP's other thread
(http://britishexpats.com/forum/showthread.php?t@6495) 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

Tom88_88

> After reading this thread and the OP's other thread
> (http://britishexpats.com/forum/showthread.php?t@6495) 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

certainly from what i am reading, as i research more and more, i think
its best to assume at best you might score a bar job when your SSN comes
through - hopefully you will have 2 months or more to actually work
before the initial 90 days is up, but at worst you may not be able to
legally work for a period between 4 and 6 months. of course i havent
done this and will bow to the knowledge of someone who has, but i can
see myself trying to convince a prospective employer by waving my
passport in their face and giving them links to the USCIS site but
essentially being unsuccessful. im no pessimist but i believe in being
at least preparted for the worst case scenario....