When can my fiancee legally work?

[james1970 0]

Hi,

My fiancee will be here in about two weeks, we would like to know when she can legally work? Does she have to wait until after we are married and submit the I-785? Or can she work before our marriage using the I-94?

Thanks, we just want to know the process.

God Bless everyone.

James

[Calypso 464]

Hi,

My fiancee will be here in about two weeks, we would like to know when she can legally work? Does she have to wait until after we are married and submit the I-785? Or can she work before our marriage using the I-94?

Thanks, we just want to know the process.

God Bless everyone.

James

Get married and file the AOS with the I-765 as soon as you can. The I-94 is called the arrival-departure record.

Hakuna matata.

God bless us all.

FAE

Edited January 20, 2010 by Arbind.Ariadne

[mrs. wife! 3]

Hi,

My fiancee will be here in about two weeks, we would like to know when she can legally work? Does she have to wait until after we are married and submit the I-785? Or can she work before our marriage using the I-94?

Thanks, we just want to know the process.

God Bless everyone.

James

She can not work until after you get married and file AOS. She needs to apply for work permit first and have it approved.

Good luck!

[Kathryn41 3,205]

She will need to wait until she has an Employment Authorization Document. The K-1 is work -enabled with the proper authorization - which means she needs to have a document issued by USCIS saying she can work. An EAD is valid for 1 year or the length of time of the applicant's legal status - whichever is less. While she could apply for an EAD using the I-765 right after she arrives, it would be based upon her status as a K-1 visa entrant and would therefor only be valid for the same 90 days the entry allows (it will be written on the I-94 visa stapled in her passport). The EAD takes about 60 to 90 days to process so the document would be expired shortly after it was issued and the fee would be wasted.

When you marry she needs to apply to adjust her status using the I-485 application form. Along with that she can file the I-765 EAD application. The EAD fee is included in with the AOS fee. As soon as she receives her EAD she is authorized to work. The authorization would be valid for 1 year or until her green card is approved - whichever comes first.

Edited January 20, 2010 by Kathryn41

[HeatDeath 430]

She cannot work until she has an EAD card in her hand. You apply for an EAD at the same time as you apply for Adjustment of Status, as soon as possible after you marry. While she could apply for an EAD upon arrival, using just the I-94, it would expire when the I-94 does, in all likelihood before the card even shows up. And you cannot work without the card in hand. It would also cost several hundred dollars extra. The EAD you get when you apply with AOS is good for a whole year, and is free with the AOS fee.