Working

[Thomas-n-Elena 0]

My fiance asked me an interesting question. How soon can she get a job after she arrives, we get married etc. I know that at some point after we are married we must go get the visa status changed to a cond. perm. res. but can she work before that. She is worried that she will get bored(read fat) sitting around my house waiting for me to get done with work or whatever. I suggested she could paint the kitchen, that didnt go over well we laughed later. Any advice or info in this area would be helpful.

[caroledfb 0]

Hi,

I understand her. If she comes under a K1 visa, she can apply for a work permit... But once married, if she does not have a job yet, she must reapply for a new work permit... There is a possibility she does not get the first work permit before you get married because it may take up to 90 days to get it... I am wondering too if I will not directly apply after the wedding rahter than spending 170USD for nothing if I get it too late...

[travlnmannn 0]

Just thought I would throw this out there. But I thought I read that she only needs to have her Social Security card. And you can apply for this as soon as she arrives. As well my fiance is worried about sitting around the house doing nothing. But I already go to the gym quite a bit so she'll right behind me at the gym :-) Best thing about it is that she wants to go

[TracyTN 237]

You must obtain EAD - employment authorization - which is routinely done through the AOS process. You can apply for AOS (and thus the EAD) only after you have married. The time it can take to get it can vary, but its best to plan for a few months of being jobless.

Yes, you can (and should) get an SSN upon entry to the US (usually takes about 2 weeks to appear in their system) but that alone does not authorize one to work.

Temporary EAD can be obtained at JFK (if you use that as your POE) but it is only valid for 90 days. After it expires, you would need the regular EAD in order to continue work. As it can take longer than 90 days to obtain EAD, there is probably little benefit in having the temporary (unless your fiancee is lucky enough to find a job before she arrives in America).

All of this is in the Guides section of this site.

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[Gigglesngrins 0]

Just curious on this topic....if one were to get a temporary EAD and obtain a job....you you still have to get a permanant one by the 90 day expiry date?

[Joey559 1]

Yes, the point of entry EAD stamp will only be good for 90 days. And you MUST be married to apply for further EAD (as part of your AOS as TracyTN said).

So, you can tell your fiancee to plan for some down time, at least 45 to 60 days AFTER your marriage. Basically if you get married the day she flies in sh'ell still have to wait, I'd say at LEAST 2 months, and thats being generous.

I didn't work for six months when I went to the UK to live with Paul - tell her to join a gym and the local library and she won't miss work AT ALL...in fact, she can come be me for a bit and I'll be GLAD to have the time off again.

Joey

[Craig2006 0]

It will take about 2-3 months to get your EAD. You can apply for your EAD at the same time as you apply for your AOS.

[caroledfb 0]

Any tip to have a work permit as quiclky as possible once you get the K1 visa ? We cannot afford having only one salary for more than 3 months...

[no name 1]

Any tip to have a work permit as quiclky as possible once you get the K1 visa ? We cannot afford having only one salary for more than 3 months...

It's all said above. Not really, you need to file for AOS & your EAD (work permit) at that time. It will take up to 90 days.

[Joey559 1]

Sorry Carol, but thats the shortest amount of time you can expect. There is the Point of Entry EAD but it's very rare, and not something to be counted on - at all. Even if you DID by chance get it, it's only good for 90 days and you need to allow at least one month or so to get the social security card, which you'll need to work. Frankly, working right after she arrives isn't going to happen.

Be prepared to live on one salary and hopefully some savings you may have for those 3+ months.

Its just another waiting game in this whole process, no one gets to pass go early.

Joey

Edited August 2, 2006 by Joey559

[KarenCee 3]

Any tip to have a work permit as quiclky as possible once you get the K1 visa ? We cannot afford having only one salary for more than 3 months...

This is part of the K1 process. You have to have the EAD to work in the US. Even if you get the temporary stamp at JFK, it will expire in 90 days so you will STILL have to apply for the work authorization. Sorry to say but it does take upwards to three months to get your EAD.

I know it's tough...I work two jobs until my husband is legally able to work...I guess it depends on what your bills are and what your lifestyle is. Best of luck.

Edited August 2, 2006 by KarenCee

[gobdogman 0]

Ahhhhhhh the perks of having my own business, my girl can go to work and be right along side of me all day while i am working so thats going to be great.

I will also have her do the book keeping for my business seems thats what she did when i met her

The fun part is when it's time to teach her how to drive especially here in a big city of over 1.5 million people.

[KarenCee 3]

Ahhhhhhh the perks of having my own business, my girl can go to work and be right along side of me all day while i am working so thats going to be great.

I will also have her do the book keeping for my business seems thats what she did when i met her

The fun part is when it's time to teach her how to drive especially here in a big city of over 1.5 million people.

That sounds great and all....but do you intend to pay her a salary? If you do, and I'm sure you know this since you run your own business...there is the issue of taxes withheld...eventually it would be seen that she was working without proper authorisation. Just a thought, as I'm sure you've thought of this.

[Joey559 1]

Karen:

That worried me a bit too. Because even if you DON'T pay her, as we've read it if it even looks like she's been doing work-like-things you could be in trouble. This is a gray area I've never understood.

It's not the money, it's the non-USC taking a position that could be held by an american. If they say, well gee, she did your books when an american could have been...is that a problem?

I work at a radio station complex and all the djs are like, "yes a guy with a british accent for gags, commercials, etc!" when Paul comes but as we've understood it, if it looks like he's working, even just volunteering it could be bad. Because how do you PROVE you didn't get paid under the table. And thats the key - always remembering the burden of proof is on us, not the gov't.

I know when I went to stay with him in the UK I asked point blank - am I allowed to volunteer at community centers, libraries, help centers and they said NO, you can't even do that. I have to believe if the UK was that picky, the US is too.

If i'm reading this wrong, someone let me know - I'd love for Paul to come into work and have some fun on the air with the crazies .

Edited August 2, 2006 by Joey559

[KarenCee 3]

Karen:

That worried me a bit too. Because even if you DON'T pay her, as we've read it if it even looks like she's been doing work-like-things you could be in trouble. This is a gray area I've never understood.

It's not the money, it's the non-USC taking a position that could be held by an american. If they say, well gee, she did your books when an american could have been...is that a problem?

I work at a radio station complex and all the djs are like, "yes a guy with a british accent for gags, commercials, etc!" when Paul comes but as we've understood it, if it looks like he's working, even just volunteering it could be bad. Because how do you PROVE you didn't get paid under the table. And thats the key - always remembering the burden of proof is on us, not the gov't.

If i'm reading this wrong, someone let me know - I'd love for Paul to come into work and have some fun on the air with the crazies .

That's true too...even volunteering for anything that leads to a job is a no-no. Yeah, it IS a grey area. Some have said "how is the USCIS gonna know?" I say "are you willing to take that chance?" There was a thread somewhere about getting paid "under the table". That's just not a smart thing to do.

As hard as it is for us, we're waiting it out for the EAD. Joel wants to work, and I want to quit this second job. But until he is LEGAL to work, this is how it is. We're not taking chances with his AOS.