Jump to content
Rob and Jill

Clarification on when a K-1 can work?

 Share

13 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Scotland
Timeline

I've been reading and researching left and right on this forum as I am about to file for my fiance. I have noticed conflicting information though and I would like to get that cleared up. (Perhaps I've been reading too much and confused myself.)

After a K-1 enters the U.S. and becomes married when can he/she begin working?

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

this topic has been discussed ad nauseum several times over the last year... several discussion threads are in "working/traveling" forum

moving thread to "Working and traveling prior to greencard" forum...

Edited by payxibka

YMMV

Link to comment
Share on other sites

After getting married she needs to apply for Adjustment of Status and EAD( employment authorization). It will take 2-3 months and sometimes less than 2 months after filing.

I've been reading and researching left and right on this forum as I am about to file for my fiance. I have noticed conflicting information though and I would like to get that cleared up. (Perhaps I've been reading too much and confused myself.)

After a K-1 enters the U.S. and becomes married when can he/she begin working?

Edited by Mike's Lucy

Visit My Website

Nothing Worth Having is Easy.

Link to comment
Share on other sites

If your blank timeline means you haven't filed yet, then you still have the option to reconsider your filing. If working is a high priority, then you'll want a CR-1 visa, which is an immigrant visa, and the beneficiary can work immediately upon arrival.

If you go the (more expensive) K-1 route, simply plan on not working until 2-3 months after filing for AOS and EAD concurrently, which must happen after the marriage.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Scotland
Timeline
this topic has been discussed ad nauseum several times over the last year... several discussion threads are in "working/traveling" forum

moving thread to "Working and traveling prior to greencard" forum...

I'm sorry, but that is just not a very helpful answer especially from a forum administrator. Essentially you said "You posted this wrong and your answer is already there." You're right, it is, as I found from the people who posted below. You could have said "Your answer involves the EAD form, please check there" and it would have been more helpful. Not everyone here has been doing this and researching it for years. :(

After getting married she needs to apply for Adjustment of Status and EAD( employment authorization). It will take 2-3 months and sometimes less than 2 months after filing.

Short, sweet, and to the point. Thank you for being helpful in your answer!

If your blank timeline means you haven't filed yet, then you still have the option to reconsider your filing. If working is a high priority, then you'll want a CR-1 visa, which is an immigrant visa, and the beneficiary can work immediately upon arrival.

If you go the (more expensive) K-1 route, simply plan on not working until 2-3 months after filing for AOS and EAD concurrently, which must happen after the marriage.

I have not filed YET. I'm building the packet as we speak...or type, whatever ;). Working is not the priority at all, getting him here is the priority. I was just curious because I am finding conflicting information online, and these forms with their stupid abbreviations that have absolutely nothing to do with what the form DO is maddening. :ranting: Futhermore, when everything is posted by the abbreviations, and you don't know what the heck they ALL mean, it's kind of hard to search for all your answers. Bleh. Thank you very much for explaining it in detail, and and giving me alternatives should they have been necessary.

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

The wiki has an explination of abreviations, check the guides and the wiki a lot of answers are right in there.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites

Filed: AOS (apr) Country: Scotland
Timeline
The wiki has an explination of abreviations, check the guides and the wiki a lot of answers are right in there.

Thank you, I'll do that!

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline
The wiki has an explination of abreviations, check the guides and the wiki a lot of answers are right in there.

Thank you, I'll do that!

The K-1 visa holder needs to have an Employment Authorization Document (EAD) before they can work. There is some conflicting information but it is wrong and usually posted by hopeful people or those in denial. The K-1 is not a work visa.

As stated above, if WORKING immediately is a major consideration then you should go the CR-1 visa route which allows work immediately on entering the US. Yes, it takes longer to process than a K-1.

Do not be discouraged by people that tell you to read the guides, they are doing you a service. There just is no way all your questions can be answered one by one in forums, the guides explain so much more. Read those and 90% of your questions will be answered

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
this topic has been discussed ad nauseum several times over the last year... several discussion threads are in "working/traveling" forum

moving thread to "Working and traveling prior to greencard" forum...

I'm sorry, but that is just not a very helpful answer especially from a forum administrator. Essentially you said "You posted this wrong and your answer is already there." You're right, it is, as I found from the people who posted below. You could have said "Your answer involves the EAD form, please check there" and it would have been more helpful. Not everyone here has been doing this and researching it for years. :(

FWIW, I am not a forum administrator. I am just a member and like all else, I can choose which questions I answer or not...

Edited by payxibka

YMMV

Link to comment
Share on other sites

Filed: AOS (apr) Country: Scotland
Timeline
The K-1 visa holder needs to have an Employment Authorization Document (EAD) before they can work. There is some conflicting information but it is wrong and usually posted by hopeful people or those in denial. The K-1 is not a work visa.

As stated above, if WORKING immediately is a major consideration then you should go the CR-1 visa route which allows work immediately on entering the US. Yes, it takes longer to process than a K-1.

Do not be discouraged by people that tell you to read the guides, they are doing you a service. There just is no way all your questions can be answered one by one in forums, the guides explain so much more. Read those and 90% of your questions will be answered

Thank you for the information it does help clarify. I am not discouraged by reading guides at all, it just helps if you know which one to read. It's all I have been doing since before I joined!

FWIW, I am not a forum administrator. I am just a member and like all else, I can choose which questions I answer or not...

Yes, you can chose. You can also chose to answer to help others who are new and going through the process. EAD. not a hard thing to type and ridicliously more helpful than what you answered. Being short and impatient is not helpful to anyone. There are people on here who patiently and kindly answer the same questions day in and day out for people. If you can't answer productively, then moving the post and a note of such act is all that is necessary IMO. FWIW.

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
If you can't answer productively, then moving the post and a note of such act is all that is necessary IMO. FWIW.

is exactly what I did...

YMMV

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline
FWIW, I am not a forum administrator. I am just a member and like all else, I can choose which questions I answer or not...

Yes, you can chose. You can also chose to answer to help others who are new and going through the process. EAD. not a hard thing to type and ridicliously more helpful than what you answered. Being short and impatient is not helpful to anyone. There are people on here who patiently and kindly answer the same questions day in and day out for people. If you can't answer productively, then moving the post and a note of such act is all that is necessary IMO. FWIW.

Just a gentle reminder that organizers move threads to the correct forum, so that the OP (original poster) has the best chance of getting the information they need.

Once the thread has been moved a message is left in the thread to explain to the OP the reason for the move and in this case an explanation that the information they are looking for has been posted many times in this forum.

I do not think Payxibka was trying to be short or impatient with you. The thread was moved to the best forum so that you would get the explanation that you wanted.

Tay

Visa Journey Moderation Team

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline
this topic has been discussed ad nauseum several times over the last year... several discussion threads are in "working/traveling" forum

moving thread to "Working and traveling prior to greencard" forum...

I'm sorry, but that is just not a very helpful answer especially from a forum administrator. Essentially you said "You posted this wrong and your answer is already there." You're right, it is, as I found from the people who posted below. You could have said "Your answer involves the EAD form, please check there" and it would have been more helpful. Not everyone here has been doing this and researching it for years. :(

But now the answer you are requesting is not a complete answer. The reason 'it has been discussed ad nauseum' is *because* it's a complex question that can't accurately be answered with "EAD".

However, if you're happy with just that, it's fine.

I guess I would say to you, the answer depends on what *result* you want. You've now said that getting (him) here fastest is most important, so that's the result you're after.

The frustrating thing about this process is that there is more than one way to accomplish most things, and if you want to DIY, you have to accept that, do the painful research and arrive at the right conclusions for YOUR family. It's not like many things that are just black/white, on/off etc.

The Guides are usually a good combination of the official names for things, and the common names, so that you can put them together.

FWIW, I find I learn new things best when I actually write out what I'm trying to retain. I think they told me I'm a 'kinesthetic learner'.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...