work Permission

[babyvet18fe 1]

My fiance has applied for permission to work on his K-1 visa but I've just read that it will expire when then visa expires in 90 days. How can I avoid a gap in when he can legally work? For example, if he recieves his permission to work in a month ( we already received a biometrics appointment letter for 11/04) can we just go to the court house to get married and then immidiately file another form with the AOS application even though the permission to work will not have been expired yet?

Any suggestions would be appriciated, thank you!

[Otto 83]

My fiance has applied for permission to work on his K-1 visa but I've just read that it will expire when then visa expires in 90 days. How can I avoid a gap in when he can legally work? For example, if he recieves his permission to work in a month ( we already received a biometrics appointment letter for 11/04) can we just go to the court house to get married and then immidiately file another form with the AOS application even though the permission to work will not have been expired yet?

Any suggestions would be appriciated, thank you!

The sooner you get married, the sooner you can apply for AOS (and EAD). You do not need to wait any amount of time to do so. With any luck, you could get the EAD before the I-94 (and temp EAD) expires.

EAD takes anywhere from 60-90 days to get.

[YuAndDan 153]

There are 2 types of EAD that can be filed for by K-Visa holders.

• EAD based on the K-Visa, filed for BEFORE filing for AOS, using (A )(6 ) for K-1 or (A )(9 ) for K-3 results in an EAD that expires when the I-94 expires (90 days for K-1) this also costs $340 to file. For K-1 it is a USELESS EAD.
• EAD based on a Pending I-485, is a 1 year EAD that costs NOTHING, and costs NOTHING to renew if AOS takes more than a year to approve.

K-1 should always file for EAD WITH or AFTER they file I-485 to adjust status. Edited November 10, 2008 by YuAndDan

[ruby_mtl 0]

There are 2 types of EAD that can be filed for by K-Visa holders.

• EAD based on the K-Visa, filed for BEFORE filing for AOS, using (A )(6 ) for K-1 or (A )(9 ) for K-3 results in an EAD that expires when the I-94 expires (90 days for K-1) this also costs $340 to file. For K-1 it is a USELESS EAD.
• EAD based on a Pending I-485, is a 1 year EAD that costs NOTHING, and costs NOTHING to renew if AOS takes more than a year to approve.

K-1 should always file for EAD WITH or AFTER they file I-485 to adjust status.

GREAT advice!

[YuAndDan 153]

One more note: If the ability to work is a high priority for the prospective immigrant, then the BEST visa to apply for is CR-1 visa, Marry first and then apply for a SPOUSAL visa. CR-1 gets a GREEN-CARD when entering the USA, and can immediately take a job.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.