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Old 11-20-2003, 01:48 PM   #1 (permalink)
Trisha
 
Posts: 11
Default K1: have full SSN, no EAD--can I work?

I have searched "employer" and "ead" as well as having read many posts
about this topic and I am still unclear.



My husband (UK citizen) entered on a K1 visa. He received no EAD at the
POE. He applied for and got a fully authorized SSN without the EAD. He
also has a state-issued ID now (not ready for him to drive yet!!).



We are married and have not yet begun the AOS process. I have read and
analyzed and have come to the conclusion that because of his K1 status
he is, technically, legally able to work. Am I right or will his
working endanger his AOS? A potential employer only requires him to
have the SSN and ID.



Please help, I have put much thought into this and I still feel unsure.



Thank you, Trisha (and Jonathan)

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Old 11-20-2003, 01:52 PM   #2 (permalink)
Charlies
 
Posts: 766
Default Re: K1: have full SSN, no EAD--can I work?

From what limited knowledge I have on this I believe he is "legallly"
entitled to work through the K1 visa, however the employer needs
documented proof of this: either a passport stamp or EAD card.



If you are married, why not simply file the AOS and obtain the EAD

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Old 11-20-2003, 01:56 PM   #3 (permalink)
Trisha
 
Posts: 11
Default Re: K1: have full SSN, no EAD--can I work?

Originally posted by CharlieS

    > From what limited knowledge I have on this I believe he is "legallly"
    > entitled to work through the K1 visa, however the employer needs
    > documented proof of this: either a passport stamp or EAD card.


    > If you are married, why not simply file the AOS and obtain the EAD
    >



First, thanks for replying.



The employer (there is a specific one that he is likely to get an offer
from) only requires a SSN and a state issued ID for foreign nationals.



We are filing the AOS, but through Memphis it takes the entire 90 days
to get an EAD. (I am currently waiting for copies of my tax forms from
the INS hence the delay).



My thinking is: if he can start work now, why wait? I do not make much
money and if he worked I could return to school and finish my degree.



trisha

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Old 11-20-2003, 03:46 PM   #4 (permalink)
Paul&Dawn
 
Posts: 12
Default Re: K1: have full SSN, no EAD--can I work?

Hi Trisha,



Sorry, I don't know the answer to your question. I came to the US from
the UK on a K1 visa in October. Now happily married and eagerly waiting
for my SSN card in the mail.



Could you tell me how I go about getting a state issued ID? I don't
drive yet, and I would like some accepted form of ID.



Thank you, and sorry for butting in on your question!



Dawn

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Old 11-20-2003, 04:11 PM   #5 (permalink)
Trisha
 
Posts: 11
Default Re: K1: have full SSN, no EAD--can I work?

No problem, although I can only speak for the DMV of Mississippi!



Jonathan only needed:



1. his passport (photo i.d.)

2. his SSN (sufficed as proof of permission to live in US)

3. our joint lease (proof of residency, would also accept bills in his
name, etc.)



They gave him an ID card that looks exactly like a driver's license but
says "NOT VALID TO DRIVE" on it.



hope this helps,



Trisha

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Old 11-20-2003, 04:17 PM   #6 (permalink)
Steffi
 
Posts: 1311
Default Re: K1: have full SSN, no EAD--can I work?

Originally posted by Trisha

    > I have searched "employer" and "ead" as well as having read many posts
    > about this topic and I am still unclear.


    > My husband (UK citizen) entered on a K1 visa. He received no EAD
    > at the POE. He applied for and got a fully authorized SSN without
    > the EAD. He also has a state-issued ID now (not ready for him to
    > drive yet!!).


    > We are married and have not yet begun the AOS process. I have read
    > and analyzed and have come to the conclusion that because of his K1
    > status he is, technically, legally able to work. Am I right or will
    > his working endanger his AOS? A potential employer only requires him
    > to have the SSN and ID.


    > Please help, I have put much thought into this and I still feel
    > unsure.


    > Thank you, Trisha (and Jonathan)

As far as I know you need both the SS# and EAD to be allowed to work. I
suppose you could always risk working without the EAD, but don't be
surprised if you have to face the consequences later.

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Old 11-20-2003, 04:36 PM   #7 (permalink)
Jeffreyhy
 
Posts: 2463
Default Re: K1: have full SSN, no EAD--can I work?

Trisha,



The SSA cannot authorize a person to work, nor can your state's DMV.
The SSA may have issued an improperly annotated card in error, but it is
just that - an error.



Regards, JEff



Originally posted by Trisha

    > I have searched "employer" and "ead" as well as having read many posts
    > about this topic and I am still unclear.


    > My husband (UK citizen) entered on a K1 visa. He received no EAD
    > at the POE. He applied for and got a fully authorized SSN without
    > the EAD. He also has a state-issued ID now (not ready for him to
    > drive yet!!).


    > We are married and have not yet begun the AOS process. I have read
    > and analyzed and have come to the conclusion that because of his K1
    > status he is, technically, legally able to work. Am I right or will
    > his working endanger his AOS? A potential employer only requires him
    > to have the SSN and ID.


    > Please help, I have put much thought into this and I still feel
    > unsure.


Thank you, Trisha (and Jonathan)

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