Best way to get EAD work permit after arrival?

[Mimi and Zozo 0]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

[rsn 135]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

You cannot work right away w/ a K1 under any circumstances, sorry. You will need to marry & then file for AOS along with an EAD like everyone else & wait to receive the EAD before he can legally work.

Reference: http://www.visajourney.com/forums/index.php?showtopic=207584

Edited September 19, 2009 by rsn

[Stephen + Elisha 92]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

You cannot work right away w/ a K1 under any circumstances, sorry. You will need to marry & then file for AOS along with an EAD like everyone else & wait to receive the EAD before he can legally work.

Reference: http://www.visajourney.com/forums/index.php?showtopic=207584

Not true.

K-1s are eligible to apply for EADs prior to marrying and adjusting status. Most people don't, because this EAD is only valid for the 90 day duration of the K-1 status. But it is possible. For this to be feasible, I think you'd have to get an InfoPass appointment; normal processing times for EADs run around 90 days, at which point an EAD for the K-1 status would be a moot point.

Note that it used to be possible to get an EAD stamped onto the I-94 at POE and apparently JFK still occasionally does this. This is not likely to be accepted for employment, however, as it is not listed in the Employers' Handbook for the I-9 as an acceptable employment authorization document.

Also, if your finances are so tight that you're concerned about your fiance being able to work as soon as possible after POE, hopefully you've considered the affidavit of support requirements for adjustment of status and have a plan to meet them.

[Otto 83]

Your best path (virtually your only path) is (as has been said):

• Enter the US
• Get Married
• File AOS and EAD (AP is optional)

If you marry then file right away - you could get the EAD within a month or so (typical is 30-90 days).

No other real shortcuts out there that are worth the time, effort and/or money.

[rsn 135]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

You cannot work right away w/ a K1 under any circumstances, sorry. You will need to marry & then file for AOS along with an EAD like everyone else & wait to receive the EAD before he can legally work.

Reference: http://www.visajourney.com/forums/index.php?showtopic=207584

Not true.

K-1s are eligible to apply for EADs prior to marrying and adjusting status. Most people don't, because this EAD is only valid for the 90 day duration of the K-1 status. But it is possible. For this to be feasible, I think you'd have to get an InfoPass appointment; normal processing times for EADs run around 90 days, at which point an EAD for the K-1 status would be a moot point.

Note that it used to be possible to get an EAD stamped onto the I-94 at POE and apparently JFK still occasionally does this. This is not likely to be accepted for employment, however, as it is not listed in the Employers' Handbook for the I-9 as an acceptable employment authorization document.

Also, if your finances are so tight that you're concerned about your fiance being able to work as soon as possible after POE, hopefully you've considered the affidavit of support requirements for adjustment of status and have a plan to meet them.

I just looked at the USCIS.gov site regarding this issue, and apparently you only need to be a fiancee of a U.S. citizen to apply for an EAD. Learn something new every day. Still, I don't think that changes anything. As you mentioned, even if you are somehow, someway able to get the EAD before the I-94 expires, you would have to stop working after expiration of the I-94 until you receive either a new EAD or a GC I presume, unless I am missing something. Doesn't sound like it's worth the effort.

Edited September 19, 2009 by rsn

[thepizzadude 26]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

You cannot work right away w/ a K1 under any circumstances, sorry. You will need to marry & then file for AOS along with an EAD like everyone else & wait to receive the EAD before he can legally work.

Reference: http://www.visajourney.com/forums/index.php?showtopic=207584

Not true.

K-1s are eligible to apply for EADs prior to marrying and adjusting status. Most people don't, because this EAD is only valid for the 90 day duration of the K-1 status. But it is possible. For this to be feasible, I think you'd have to get an InfoPass appointment; normal processing times for EADs run around 90 days, at which point an EAD for the K-1 status would be a moot point.

Note that it used to be possible to get an EAD stamped onto the I-94 at POE and apparently JFK still occasionally does this. This is not likely to be accepted for employment, however, as it is not listed in the Employers' Handbook for the I-9 as an acceptable employment authorization document.

Also, if your finances are so tight that you're concerned about your fiance being able to work as soon as possible after POE, hopefully you've considered the affidavit of support requirements for adjustment of status and have a plan to meet them.

I just looked at the USCIS.gov site regarding this issue, and apparently you only need to be a fiancee of a U.S. citizen to apply for an EAD. Learn something new every day. Still, I don't think that changes anything. As you mentioned, even if you are somehow, someway able to get the EAD before the I-94 expires, you would have to stop working after expiration of the I-94 until you receive either a new EAD or a GC I presume, unless I am missing something. Doesn't sound like it's worth the effort.

True it expires right along with the I-94 and considering the price tag $340.00 I really wonder how many go this route.

[Stephen + Elisha 92]

Not an embassy/consulate related question, pertains to EAD before/after AOS - moving to appropriate forum:

Working & Traveling prior to getting a Green Card

If you do not enter on an immigrant visa then you will have to file for Adjustment of Status to become a Permanent Resident. During this time, you will not typically be able to work or leave the US without jeopardizing your immigration status unless you have an Employment Authorization Document (EAD) or an Advance Parole (AP) from the USCIS. This section also covers getting a Social Security Number (SSN) and is for general discussion on all these topics.

[Mimi and Zozo 0]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

You cannot work right away w/ a K1 under any circumstances, sorry. You will need to marry & then file for AOS along with an EAD like everyone else & wait to receive the EAD before he can legally work.

Reference: http://www.visajourney.com/forums/index.php?showtopic=207584

Not true.

K-1s are eligible to apply for EADs prior to marrying and adjusting status. Most people don't, because this EAD is only valid for the 90 day duration of the K-1 status. But it is possible. For this to be feasible, I think you'd have to get an InfoPass appointment; normal processing times for EADs run around 90 days, at which point an EAD for the K-1 status would be a moot point.

Note that it used to be possible to get an EAD stamped onto the I-94 at POE and apparently JFK still occasionally does this. This is not likely to be accepted for employment, however, as it is not listed in the Employers' Handbook for the I-9 as an acceptable employment authorization document.

Also, if your finances are so tight that you're concerned about your fiance being able to work as soon as possible after POE, hopefully you've considered the affidavit of support requirements for adjustment of status and have a plan to meet them.

good point stephen, thus far i have gotten by using co sponsors for financial support ,and hopefully i will be able to do the same when it comes to Adjustment of status.. that is until im working in the field i've been studying for:) its tough but we'll make it god willing!

[Mimi and Zozo 0]

thank you all for the good advice, i think we will have to just file for AOS and EAD once we are married.... but then my next question would be, how and when do we get his social security number in order for us to be married? i may have to do some research and/or pose this question to the visajourney public..

sorry about posting in the wrong place, i'm new to this;)

thanks again guys!

[Rezak and Sharon 0]

well he will get a I-94 when he will enter the US ,after he get after a few days try to go and apply for the SSN after he get the SS he will be able to work ... till the I-94 get expired

[trillium13 84]

You don't need a social security number to get married. Check with the office that issues the marriage licenses in your area to find out what ID they need. All my husband needed was his passport.

well he will get a I-94 when he will enter the US ,after he get after a few days try to go and apply for the SSN after he get the SS he will be able to work ... till the I-94 get expired

A Social Security number alone is not authorization to work.

[Gary and Alla 3,694]

Hi everyone!

I've been reading alot about people's experiences with getting temp. work permits and I've found mixed messages; some say you can get it at the port of entry, and others say that now you have to apply for it and it could take months.. We will be very tight on money, and it will be such a relief if he can work right away, or within a few months..

..from your experiences, what seems to be the most efficient way to get a work permit for my fiance as soon as he arrives? and is it actually possible to get one from a local uscis office as i've read?

thanks!

A k-1 does not get anything at POE that allows them to work. The k-1 is not a work visa. Some POEs (notably JFK) give the "work authorization" stamp which is worthless for a k-1, it means nothing in itself and is only valid with another form or work visa. Prior to February of this year, it was possible for a K-1 to work with the POE entry stamp, not because it was "legal" but because the I-9 form required by all employers was vague enough that it was not clear if the K-1 was eligible and it was difficult to enforce the law. That was corrected with the new I-9s in February. The k-1 is not, and never was, a "work visa". There is no way to get him authorized to work "as soon as he arrives" with a k-1 visa.

The only logical way for a K-1 to be authorized to work is to get married and then file for AOS and an EAD. You should have the EAD about 90 days after filing, maybe a little sooner. Filing for an EAD before marriage is possible, costs $340 and the EAD would expire with the I-94 90 days after arrival. So it would expire about the time you received it. Good deal? Then you would have to file for another after being married with the AOS, for free. You cannot get an EAD from a local office.

You had the option of getting married first and then filing for a CR-1 which would allow work immediately, but you chose the K-1 route. This gets your fiancee here faster, but the work is only half done.

[Gary and Alla 3,694]

well he will get a I-94 when he will enter the US ,after he get after a few days try to go and apply for the SSN after he get the SS he will be able to work ... till the I-94 get expired

This is not correct. Look at the I-9 form required for all employees to complete, this will not meet the requirements

[Gary and Alla 3,694]

thank you all for the good advice, i think we will have to just file for AOS and EAD once we are married.... but then my next question would be, how and when do we get his social security number in order for us to be married? i may have to do some research and/or pose this question to the visajourney public..

sorry about posting in the wrong place, i'm new to this;)

thanks again guys!

You do not need a social security number to get married. You can get one at any social security office as soon as he arrives (next day actually) Use the K-1 as one form of ID and his passport as the other. A k-1 IS authorized to get a SSN (which does not allow working) DO NOT leave the SS office until you get the application approved. If the window clerk does not know how to process a k-1, then ask for a supervisor. My wife applied for hers 16 hours after arriving, had her SSN the next business day and her card in hand in 6 days. DO NOT be delayed by untrained clerks!

[rebeccajo 14]

thank you all for the good advice, i think we will have to just file for AOS and EAD once we are married.... but then my next question would be, how and when do we get his social security number in order for us to be married? i may have to do some research and/or pose this question to the visajourney public..

sorry about posting in the wrong place, i'm new to this;)

thanks again guys!

You do not need a social security number to get married. You can get one at any social security office as soon as he arrives (next day actually) Use the K-1 as one form of ID and his passport as the other. A k-1 IS authorized to get a SSN (which does not allow working) DO NOT leave the SS office until you get the application approved. If the window clerk does not know how to process a k-1, then ask for a supervisor. My wife applied for hers 16 hours after arriving, had her SSN the next business day and her card in hand in 6 days. DO NOT be delayed by untrained clerks!

And your experience was very unusual and 99% of people will have a better result if they wait one to two weeks before they apply for a number.

I'm actually thinking you ran across the untrained clerk who didn't verify your wife's entry to the US before they issued a number.