Permit to work question ??? plz

[mari0711 4]

Hi

one of my friends has her appoinment in february, she is wondering if she needs to apply for permit to work after or before she gets to USA, or if the K3 visa's holders can work immediately after they get here. I have read the guides but it is not specified, if someone with that situation canm answer will be appreciated!

thanks in adavanced.

[YuAndDan 153]

Cannot file an I-765 until after arriving on a K-Visa, I-765 requires a photo-copy of I-94 card showing status in the USA.

If wishing to be able to work upon arrival, why not forget the K-3, and get the I-130 processed through NVC and interview for the IR-1 or CR-1 spouse visa, this will get green-card status the moment they arrive in the USA, allowing work. (This is also less expensive than adjusting status)

If they don't have K-3, then more than likely they wont be getting one, K-3 tends to get killed at NVC when they receive the I-130 and I-129F at same time from USCIS, and USCIS has been tying the two petitions together and approving at same time for more than a year now.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

Edited January 27, 2011 by YuAndDan

[Darnell 8,478]

K-3 visa holder is NOT allowed to work, however a K-3 visa holder MAY APPLY for the EAD.

Usually, though, a K-3 visa holder has a higher interest in 'adjusting status', instead,

so

the EAD app (free when filed with the AOS paperwork) is filed concurrently with the AOS paperwork.

Read this? -> Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

then let me know __YOUR__ thoughts and your __FRIENDS__ thoughts? TIA !

--

why the USC Spouse NOT do stuff at NVC? CR-1/IR-1 are superior visas, is no 'time benefit' for the K-3 anymore.

[mari0711 4]

she has the interview for the k3 already so i dont think it is much to do about it, she is not worry abouut AOS she is worry about the EAD to work here.

[mari0711 4]

thanks for your answers!!

[pushbrk 12,898]

she has the interview for the k3 already so i dont think it is much to do about it, she is not worry abouut AOS she is worry about the EAD to work here.

Then she can apply for EAD as soon as she arrives. Caution though. We get a lot of people who THINK they are interviewing for the K3 visa when they are really interviewing for CR1. It's because they equate K3 with spouse, as if it is the only spouse visa. It would be highly unusual to be interviewing for a K3 visa in 2011 but remotely possible. If it's a CR1, she'll be authorized to work upon arrival. If they paid any fees at the NVC stage of the process, it's a CR1, not K3.