work authorization

[sarahsmiles 0]

My fiance Boris is finally here in the U.S.!!!! We are very happy but he wants to start working immediately. Our wedding is not for 2 more months. We are confused about obtaining a work authorization. The FAQs here say we can go to some kind of "local office" (we don't know what that means) to obtain a temporary one, but our lawyer says he can't have one until after we get married. What is the truth? If he can get one, how and where must we go? Please help us! Thank you!-Sarah

[americangirl 0]

If he is on an K1 visa, then he can apply for a temporary EAD as a nonimmigrant fiance. However, it will expire when his K1 does, and since it could take up to 90 days to get the EAD, it's probably a waste of money and effort (it will likely be expired by the time he gets it).

If you didn't get a temporary visa at your POE, then unfortunately you'll probably have to wait until after the wedding, when you file for AOS.

The temporary EAD info you were looking at was probably for the people who have waited more than 90 days to get their EAD. Once it has been more than 90 days, you can make an Infopass appointment at your local USCIS office and get a temporary EAD. But this doesn't apply to you yet.

[kc456 0]

It is true that his EAD application has to wait until you are married (as the earlier poster explained). The best solution -- if you don't need time to think things over any more -- is to get married in the courthouse now, and apply for AOS right away. You can then have the "real" wedding in 2 month's time with friends, family, etc. This will bring work authorization closer by 2 months.

[BlueRain77 0]

So does that mean that when the K-1 expires until you get the Green Card, they can't work? There is no temp work card for that time? Is 90 days the longest possible scenario?

Edited May 29, 2006 by BlueRain77

[americangirl 0]

So does that mean that when the K-1 expires until you get the Green Card, they can't work? There is no temp work card for that time? Is 90 days the longest possible scenario?

There is a temporary work visa for that time - it's what everyone here calls the EAD. The green card automatically lets you work, but if you want to work while your AOS is being processed, you apply for an EAD (form I-765) in conjunction with AOS. The EAD is good for one year, and renewable if you don't get your green card in that time frame.

However, you can only apply for the AOS-based EAD after you are married. You need a reason to qualify for an EAD - being a non-immigrant fiance is one, being a spouse is another (there are others, but these are probably the only ones you'll qualify for).

He can apply for EAD as a non-immigrant fiance, but as I said before, it's probably worthless. It can take 90 days or even more to get an EAD, and by the time he gets it, it'll likely be expired. As kc456 said, if he is really keen to work now (especially if your wedding is in a month or more and it'll be a hardship for you to have him not able to work for 4+ months), you might want to consider getting legally married ASAP, apply for AOS and EAD, and then have your wedding whenever you were planning to. It will speed up the process considerably.

Sorry if I repeated any information you already knew. Does that answer your question?