K-1 Visa Work Questions

[RayS 0]

So I received the approval of my petition I-129F for my fiance the other day! (I filed in July!) and now as we start on our journey toward being together, we're trying to plan and organize a lot of the things we'll be encountering!

Now I know that when she enters the U.S. on the K-1 there is a 90-day period in which she can work legally, but I wondered that if as SOON AS WE GET MARRIED AND FILE FOR THE ADJUSTMENT OF STATUS, is the work permit nullified?

Basically, we are worried about how long it will be for her to "legally" work in the U.S? Should we get married ASAP to apply for the adjustment of status (which can take up to 90 days)? Will that then take 90 days for her to be able to legally work?

Ugh, very concerned about this (both she and I!). She can't imagine not working for that long!

[Laura+Tom 2]

If she gets the temporary work permit in her passport at POE then she can work however it is only valid for 90 days. As obtaining an EAD (which you file alongside AOS) can take over three months then her temp permit will expire. Plus some employers are reluctant to take on a worker whose employment authorization will expire in a couple of months. Edited November 8, 2008 by Laura+Tom

[ThaitoUSA 15]

Ouch! My future wife might be here for more than 3 months with no means to legally work? My finances are solvent, however her sitting in my apartment day after day, while I am at work, may take its toll.

For couples who have already made the move, how had your fiance(e) adjusted? Did he or she find some volunteer work, simply stay at home, join an organization, etc?

[Laura+Tom 2]

I'm planning on not working for about 6mths. But I'll sign up for voluntary work, that way I get experience to put on my resume. I'm also planning on learning a language and decorating the house so hopefully I'll be kept busy.

[tallcoolone 102]

My wife has been in USA for 3 months now.

I told that her job is to take care of me for now.

I think it's best she waits about a year before working.

My wife is studying to take her RN test to be Registered Nurse in Texas, she should be taking the test by the end of year.

When she passes she will be one of the youngest RN (if not youngest at the time) in Texas with Bachelors Degrees in Nursing.

[william_wallace 8]

My wife has been in USA for 3 months now.

I told that her job is to take care of me for now.

I think it's best she waits about a year before working.

My wife is studying to take her RN test to be Registered Nurse in Texas, she should be taking the test by the end of year.

When she passes she will be one of the youngest RN (if not youngest at the time) in Texas with Bachelors Degrees in Nursing.

Her job is to take care of you. Sounds as though you have her as your slave :-)

[Laura+Tom 2]

He has a habit of saying stuff like that. Think he does it to stir things up, not worth paying attention to.

[RayS 0]

OK, so I've done some additional reading and it looks like a fiance, upon arriving in the POE, can get the work stamp and that is valid for 90 days. So if you marry ASAP, theoretically, she can work in that 90 day period (the time which it usually takes for AOS/EAD to come) until it expires or the AOS/EAD comes.

[Laura+Tom 2]

Yes, that's if she gets the stamp and if she gets her EAD before it expires. By the way seems that JFK is the only one issuing the stamp.

[kiwiana 2]

OK, so I've done some additional reading and it looks like a fiance, upon arriving in the POE, can get the work stamp and that is valid for 90 days. So if you marry ASAP, theoretically, she can work in that 90 day period (the time which it usually takes for AOS/EAD to come) until it expires or the AOS/EAD comes.

As Laura + Tom said, IF she gets the work stamp.

http://www.visajourney.com/faq/k1k2visa-enter.html

5.2)...What happens when we get off the plane?

A..You will queue up with all the others going through Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped, you will have the I-94 form (the white I-94) put in it (do not lose this!), you might get a 90 day work authorization or EAD Employment Authorization Document (see note). In early 2001, it was becoming increasingly uncommon to obtain any work authorization at a POE. As of Dec 2003 the only airport that still (and rarely) issues Work stamps is JFK. The officer may ask a few questions, and may say "Welcome to the United States". It doesn't take long. You leave the Immigration area, and then proceed through Customs.

Although your actual processing may not take long, if you must make a connecting flight then you better allow plenty of time, maybe as long as 3 or 4 hours at a major airport where the queues may be long, and the distance between terminals even longer.

It might pay not to get your hopes up too much on her getting a temporary work stamp.

[Old Dominion 26]

So I received the approval of my petition I-129F for my fiance the other day! (I filed in July!) and now as we start on our journey toward being together, we're trying to plan and organize a lot of the things we'll be encountering!

Now I know that when she enters the U.S. on the K-1 there is a 90-day period in which she can work legally, but I wondered that if as SOON AS WE GET MARRIED AND FILE FOR THE ADJUSTMENT OF STATUS, is the work permit nullified?

Basically, we are worried about how long it will be for her to "legally" work in the U.S? Should we get married ASAP to apply for the adjustment of status (which can take up to 90 days)? Will that then take 90 days for her to be able to legally work?

Ugh, very concerned about this (both she and I!). She can't imagine not working for that long!

The EAD will take about 90 days from the date you file. The AOS, however, will take up to nine months from the date you file. So, prepare to pay the big fees and plan for a period of unemployment for her, not such a bad thing. Let her be the judge of how long she wants to be a stay-at-home.