ssn..

[snowman]

Does anyone know if its possible for my fiancee to get immediate work authorization. The port of entry will be la?? thx

[Tim]

... in response to ssn.., posted by snowman on Aug 16, 2002

All reports I've seen say that the LAX POE does not issue the "employment authorized" stamp on the I-94 of a K-1 beneficiary. And as I said below, even if you did get this stamp its later usefulness is open to debate.

Regards, Tim

[Ray]

... in response to ssn.., posted by snowman on Aug 16, 2002

Snow,

If she comes in on a K-1 fiancee visa, then she is already authorized to work for the 90-day term of her visa. All she needs is the SSN, which she can apply for at your local SS office anytime after she arrives.

Just curious, is she anxious to go to work right away?

Ray

[Dave H]

... in response to Already has it..., posted by Ray on Aug 16, 2002

Hi Ray,

Keener minds than mine have said that it is legal to work temporarily (90 day term of visa) with the I-94 stamp in passport and SSN. My wife works for the county hospital district. Their attorneys checked into the matter thoroughly and gave my wife the OK to work. Who am I to argue with them?" )

Dave H.

[Tim]

... in response to Already has it..., posted by Ray on Aug 16, 2002

Ray, I don't believe this is correct. I know it has been debated to death on various immigration forums, but I am of the school who believe a K-1 visa holder is NOT allowed to legally work without an EAD card from the INS - be it the 90-day temporary card or a 1-year card. I'm not saying the person couldn't find a job, I'm just saying the work might not actually be legal and could come back to hurt them later, if the INS learns of it.

Another issue altogether is the  problem the K-1 beneficiary faces in just getting a work-authorized SSN. Many SS offices are unaware that a K-1 beneficiary is allowed to get a work-authorized SSN, and will deny issuing one. Sometimes it takes convincing in the form of showing them a copy of their own agency memo, which states this is allowable.

Just my thoughts.

Tim

[Zebson]

... in response to Re: Already has it..., posted by Tim on Aug 16, 2002

Helen had recieved her SSN card by the end of the second week and started work during the third week she was here. So California SS office didn't seem to have a problem issuing it. Seems to me that they can work, I don't see any state controls regulating or forbiding it from the INS side. She worked at a temporary place for a couple of weeks. I still have her W2 form from the government. Just my input..

Zeb

[Tim]

... in response to Hmmm well, I think it's ok..., posted by Zebson on Aug 16, 2002

I'm glad you found a "friendly" SS office to get her SSN. As far as the job goes, an employer is supposed to verify that (in addition to a SSN) a non-citizen/PR/CPR job applicant has valid INS work authorization (which is the EAD card) before employing them, but in reality many employers don't know the regulations (or choose to ignore them). It really all depends on things like the type of job the non-citizen/PR/CPR is applying for, and the thoroughness of the employer in following correct procedures.

Regards, Tim