So confused about K1 and grean card

[Dan K 0]

Hi,

I am so confused about green cards. The more I read the lees I understand. Me and my fiancée have not starred the k1 process yet.

What we would like to know is if she will be able to work when she arrives . I have seen in a a post that says she might have to enter at jfk to get a stamp to work. I just don't understand how and when she will be abel to work. We don't have huge bank accounts and we both need to work.

Thanks,

Dan

[Ursa Tripudio 2]

Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.

[Damian&Kelly 16]

Hi,

I am so confused about green cards. The more I read the lees I understand. Me and my fiancée have not starred the k1 process yet.

What we would like to know is if she will be able to work when she arrives . I have seen in a a post that says she might have to enter at jfk to get a stamp to work. I just don't understand how and when she will be abel to work. We don't have huge bank accounts and we both need to work.

Thanks,

Dan

when she arrives in the US on her K-1 if she arrives in JFK she will most likely get the temp EAD stamp. the Temp EAD stamp is good for 3 months but you have to apply for her social security card before she can get a job which can take up to a month. So really the temp EAD is valid for about 2 months. if you get married right away and send in AOS/EAD/AP your EAD might get approved before your temp EAD. your best bet is to get married as soon as she arrives and send off the paperwork as soon as you can.

the AOS/EAD/AP costs $1010

[raymaga 25]

If you read the "Guides" and "FAQ's" sections here on VJ, you will get the answers to all your questions.

Basically, once you enter the U.S. with a K-1 (Fiance) visa, you must marry within 90 days, and then apply for Adjustment of Status, along with EAD (Employment Authorization) and AP (Advance Parole, which allows you to travel abroad and re-enter the U.S.). The fee for AOS covers all three applications.

If you go thru JFK when entering the U.S., you can get a work authorization stamp in your passport, but it is only valid for the time the I-94 is valid. After that time, the EAD will be necessary.

The best way to be able to work as soon as possible after marriage is to have all the AOS paperwork and documents ready to mail right after your wedding. We had all our paperwork done before our wedding day, and then right after the wedding, we went to the Courthouse and got our certified marriage certificate which is needed to send with the AOS application. That saves a lot of time instead of starting the paperwork and gathering the necessary documents after you are married.

The EAD usually takes anywhere from 2 to 3 months to approve (sometimes longer).

[pushbrk 13,133]

I think the temporary EAD is pretty useless unless you have a job lined up in advance. It expires when the I-94, expires, not when the visa expires. The visa is good for one use. Once the K1 enters, their visa is dead and the I-94 give them status.

To the OP,

If both of you working is important, then you'll need to carefully consider whether the fiance visa process is right for you or if your current living expenses can be adjusted to accomodate a period of 3 or more months of the immigrant being unemployed.

Your other option is to marry abroad and take the spouse immigrant visa route. Then the immigrant is admitted to the authorization with all the rights and privileges of a permanent resident and will need only to wait for a SSN and to find a job before resuming an earned income.