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gyselle

K1 and work authorisation

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Filed: K-1 Visa Country: Singapore
Timeline

Hello,

I was reading the website and it states that if you enter some cities, ie, JFK, you can get a work authorisation for the length of your K1 visa.

(refer to http://www.visajourney.com/content/k1flow

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.)

Is this accurate?

I'll be flying into San Fran, could i ask them? If we get married before the 90days are up, does that mean that our K1 ceases to exist? Has anyone else done this before?

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Filed: Citizen (apr) Country: Canada
Timeline

K-1 is not work authorized. No matter what stamp you get in the passposrt, you cannot work on a K-1. The K-1 with a 'work authorization' stamp used to be able to be used, but the updated I-9 no longer recognizes it.

As soon as you enter the K-1 is no longer valid, visas are for entering the country and the K-1 is a single entry. The I-94 she gets will be for 90 days.

In short, regardless of what stamp you get, you cannot work unless you have a green card or a work authorization card

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: K-1 Visa Country: Singapore
Timeline

K-1 is not work authorized. No matter what stamp you get in the passposrt, you cannot work on a K-1. The K-1 with a 'work authorization' stamp used to be able to be used, but the updated I-9 no longer recognizes it.

As soon as you enter the K-1 is no longer valid, visas are for entering the country and the K-1 is a single entry. The I-94 she gets will be for 90 days.

In short, regardless of what stamp you get, you cannot work unless you have a green card or a work authorization card

Good luck

Thank you very much.

That is very useful.

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  • 3 weeks later...
Filed: Country: Canada
Timeline

I'm at the pre-engagement stage myself and trying to get a good sense of what is ahead once I do propose and we apply for a K-1 visa.

So, am I to gather that upon entering the United States on a K-1 Visa I will not be able to work until married and have filed for/received my EAD? And to be clear, an EAD is the "work authorization card" that Canadian_Wife mentioned above?

Is it possible to apply for and obtain a work authorization card before being married? Seeing as my someday-soon-fiancee and I have not "lived together" before we would like to maximize that 90-day period upon entry on the K-1 visa to allay all of our concerns and ensure that we are doing what is best.

One final question: am I correct to understand that it takes about 2 weeks to receive work authorization, once in the States, on a K-1 Visa?

Thank you in advance for your help :)

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Filed: Citizen (apr) Country: Canada
Timeline

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I'm at the pre-engagement stage myself and trying to get a good sense of what is ahead once I do propose and we apply for a K-1 visa.

So, am I to gather that upon entering the United States on a K-1 Visa I will not be able to work until married and have filed for/received my EAD? And to be clear, an EAD is the "work authorization card" that Canadian_Wife mentioned above?

Is it possible to apply for and obtain a work authorization card before being married? Seeing as my someday-soon-fiancee and I have not "lived together" before we would like to maximize that 90-day period upon entry on the K-1 visa to allay all of our concerns and ensure that we are doing what is best.

One final question: am I correct to understand that it takes about 2 weeks to receive work authorization, once in the States, on a K-1 Visa?

Thank you in advance for your help :)

Even if the EAD is filed upon your arrival, there is no guarantees it will be ready before the 90 days are up. If you want to be able to work in the US right away, then the CR1 visa would be the one for you (getting married in Canada and then the USC filing the 1-130).

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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