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CountCet

Work Questions

By CountCet in Working & Traveling During US Immigration

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CountCet Rookie

CountCet   0

Posted
Filed: K-1 Visa Country: Russia
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I have some questions about working. Can my wife work while still holding a K-1 Visa?

She did not receive a temporary EAD. We are about to file for her AOS. Her Visa expires in March. I assumed that even if she got her EAD, in March she would have to stop working. My plan was to wait until she got her 1 year EAD.

She has now found a website that claims she can work on a K-1, I assume that means, once it is expired, she will have to quit her employment and wait for her 1 year EAD. Is that correct?

Thanks in advance for any answers.

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bichon82 Contributor

bichon82   0

Posted
Filed: AOS (pnd) Country: Belgium
 Timeline
Posted

Hello, under a K1 your wife has the right to apply for a work card that will expire on the date that her K1 exprires. However, it takes about 90 days for her temporary work card to be approved... which is the same time that it will take for you to obtain the real EAD through AOS. That is why it is not recommended to apply for both (you have to pay for both of them and they will arrive more or less at the same time). And .. if by unforseen curcumstances her K1 work permit arrives before her EAD then she will have to stop working if there is a gap between the two. EADs are coming out really fast (look at the timelines) so I suggest that you just go through AOS and forget about working before that.

K-1 Visa Service Center : California Service Center ; Consulate : Belgium

2007-04-18 = I-129F Sent

2007-05-14 = I-129F NOA1

2007-08-10 = I-129F NOA2

2007-09-17 = Consulate Received

2007-09-18 = Packet 3 Received

2007-09-19 = Packet 3 Sent

2007-09-19 = Packet 4 Received

2007-09-24 = Interview Date

2007-09-24 = Visa Received

2007-09-28 = US Entry

2007-11-10 = Marriage

Processing Estimates/Stats : I-129f was approved in 114 days from your filing date. Interview took 159 days from your I-129F filing date.

Adjustment of Status CIS Office : Las Vegas NV

2007-11-23 = Date Filed at Chicago lockbox (priority date)

2007-11-29 = NOA Date

2007-12-07 = RFE(s) IRS tax forms

2007-12-21 = Biometrics Appt.

2007-12-23 = Met with an immigration lawyer who told us how to prove income without IRS tax forms

2008-01-10 = NOA reciept of RFE at Lee's Summit, case processing resumed

2008-03-24 = Interview Date (cancelled but we will still be going)

Pending : Approval / Denial Date, Got I551 Stamp, Greencard Received

Employment Authorization Document CIS Office : Chicago National Office; Filing Method : Mail; Filing Instance : First

2007-11-23 = Date Filed (priority date)

2007-11-29 = NOA Date

2007-12-21 = Bio. Appt.

2007-12-21 = Touche

2008-02-12 = Card production ordered

2008-02-13 = Touche

2008-02-15 = Approval email

2008-02-19 = Card Received

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