K-1 Visa and working before Adjustment of Status

[jimoh 0]

Hi,

So my USC partner and I are wanting to get married on a K-1 visa, she is currently a student so is earning $4000 under the $18000 poverty level at 125%, but passes at the 100% level. We are considering two options:

I want to know the likelihood of being able to work on a fiancee visa once married, and filed, but before the green card interview, so that I can contribute to the income required and get it over the poverty level. Is this possible? How does one work once they have married but not adjusted, and how long does it take?

In this book http://books.google.com/books?id=2wyTOtjtD...=gbs_navlinks_s - on Page 92 it says 'Fortunately by the time you've reached your U.S green card interview, you will have had a work permit for several months, and can contribute to the household income'. This seems to suggest it would be possible?

finding a co-sponser most probably her parents - but we are sure that they will not be that happy to do it. what are co-sponsers liable for? and for how long? I am a software/web developer and am expecting to be able to find solid paying work when I am in the States so am wondering of the likelihood of becoming a 'burden to the state'.

Thanks for any help!

[Bobby+Umit 161]

You are counting that your EAD comes in a timely manner. (ours took less than 3 months after filing AOS).

Once you have that - you will be able to work.

Depending on the embassy - they may require 125% of the level - so be prepared for that.

Co-sponsors are liable for the same length of time as the primary sponsor, however, in the case of the I-134, it's not that legally binding, the I-864 (which is done at AOS) is more binding.

So they may sponsor the I-134, and when you start working, you might make the I-864 level (your income and hers) - so you won't need them for that.

Problem is - you can't get the EAD unless you file for the AOS (which you would want, since it's "free" when you file at the same time - not to mention the I-94 expiring and the length of time, etc...) - and you need to submit the I-864 with the AOS - so your in a pickle.

Edited March 8, 2010 by Bobby+Umit

[HeatDeath 430]

After you marry, you will file for Adjustment of Status to Permanent Residence. This means you will mail USCIS a big stack of forms and documents, and sometime between 2 and 6 months later, you will either have a green card interview, or they will just mail you the green card without an interview. (There's an extra step or two in the meantime, but that's not really relevant to your question. )

Part of that stack of forms you will send them will be an I-765: Application for Employment Authorization Document. Sometime between 1 and 3 months after you file, assuming you included this form and it's associated documentation, you will receive an Employment Authorization Document card in the mail. This card is your work permit, and as the book correctly points out, normally shows up several months prior to the interview or green card. It still, however, takes 1.5 to 3 months to show up after the AOS filing.

You CANNOT work until you have this Employment Authorization Document card in your hand!

As to your second question, sponsors and joint sponsors are liable for any means-tested public benefits you apply for and receive from the US government. The government can sue them to recover any welfare or similar payments made to you. Also, you can theoretically sue them if they do not provide you with support to keep you from becoming a public charge. Your sponsor or joint sponsor is liable until you become a US citizen, accumulate 40 quarters of work (by Social Security standards. I'm fuzzy on just how that works), die, or they die. Your sponsors are also obligated to promptly notify USCIS of any change of address, until any of the above conditions occur.

Many people become US citizens as soon as legally possible, in part to relieve their sponsors of their obligations.

Edited March 8, 2010 by HeatDeath

[jimoh 0]

You are counting that your EAD comes in a timely manner. (ours took less than 3 months after filing AOS).

Once you have that - you will be able to work.

Depending on the embassy - they may require 125% of the level - so be prepared for that.

Co-sponsors are liable for the same length of time as the primary sponsor, however, in the case of the I-134, it's not that legally binding, the I-864 (which is done at AOS) is more binding.

So they may sponsor the I-134, and when you start working, you might make the I-864 level (your income and hers) - so you won't need them for that.

Problem is - you can't get the EAD unless you file for the AOS (which you would want, since it's "free" when you file at the same time - not to mention the I-94 expiring and the length of time, etc...) - and you need to submit the I-864 with the AOS - so your in a pickle.

Thanks for the reply. Ok so I can get an EAD perhaps before the green card interview, but still need to submit affidavit of support with AOS to get the EAD, and do it before the 90 days is up on the fiancee visa. SO really there is no way to do it this way?

[HeatDeath 430]

Thanks for the reply. Ok so I can get an EAD perhaps before the green card interview, but still need to submit affidavit of support with AOS to get the EAD, and do it before the 90 days is up on the fiancee visa. SO really there is no way to do it this way?

Right. The I-864 form(s) has(have) to go in with your AOS petition, as soon as possible after you get married, and ideally before the 90 days on the fiancee visa I-94 are up. You will get an EAD 30-60 days after that. You cannot work in the meantime.

The general upshot is that your sponsor(s) have to qualify all by themselves. While there are circumstances (alluded to on the I-864) where the intending immigrant's income can be used to help qualify, those circumstances virtually never apply to fiance or spousal visa immigrants.

[TracyTN 237]

Thanks for the reply. Ok so I can get an EAD perhaps before the green card interview, but still need to submit affidavit of support with AOS to get the EAD, and do it before the 90 days is up on the fiancee visa. SO really there is no way to do it this way?

To clarify, a K1 visa doesn't have 90 days on it - it expires the moment you enter the US. Your status is then derived from your I 94, and once that runs out, your pending AOS application.

You have 90 days from US entry in which to marry.

It's important to understand the flow of things, and esp. where you derive your status once you arrive.

Sounds like you'll have to have a joint sponsor for the affidavit of support when you submit the AOS packet (which as was stated, is at the same time as applying for EAD and advanced parole). If I recall, form I 864's instructions state what that obligation is if your in laws want to read it.

If you happen to be interviewed for your green card, and you are at that time making enough money on your own, you can give them that information at that time. Remember though that not everyone is interviewed for green cards, so your in law's I 864 may 'stand'.