RE: Working & visting home after K1 process

[damala77 0]

Hello all,

My fiance is worried about working and possibly traveling back home. She currently has a visa that allows her to travel back and forth to the U.S. She told me today that there might be a 6 month to 1 year process where she will not be allowed to leave the U.S. after she enters on her k-1; is that true?

Another question she had was in reference to a job. She is worried about not being able to work right away. Is there is a 3 month application process that she may have to go through before she can work? Does anybody on this board have experience with either of these issues? Also, is there any way to get this process rolling sooner rather than later?

Thanks.

[jaygregory 1]

i was looking up this same stuff the other day, i wasnt to sure about any of it either once i finished looking. but i was reading that its best to file for autherisation to work at the same time as you apply for adjustment of status as it waives the $300 or so fee.

i think i read it takes about 2 months on average

[N M 96]

Hello all,

My fiance is worried about working and possibly traveling back home. She currently has a visa that allows her to travel back and forth to the U.S. She told me today that there might be a 6 month to 1 year process where she will not be allowed to leave the U.S. after she enters on her k-1; is that true?

Another question she had was in reference to a job. She is worried about not being able to work right away. Is there is a 3 month application process that she may have to go through before she can work? Does anybody on this board have experience with either of these issues? Also, is there any way to get this process rolling sooner rather than later?

Thanks.

Once she enters on a K1, you must marry within 90 days of entry. Following the wedding, she should apply for Adjustment of Status (from K1 to permanent resident), Employment Authorization and Advance Parole.

Once Employment Authorization is granted, she can work (I got my authorization within 2 months of applying). Once Advance Parole is received, she can leave the country (again, I got mine within 2 months of applying).

When the Adjustment of Status is approved, she'll get a 2 year conditional green card. Mine was approved just over 3 months after applying.

The K1 visa does not allow her to work in the U.S. If she does work before receiving her Employment Authorization, she could find herself in serious trouble.

Edited February 23, 2011 by N M

[Yor & Yan 0]

RM 00203.500 Employment Authorization for Nonimmigrants

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat or consular officer

A-2*

Other foreign government official or employee

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2

E-1*

Treaty trader (principal)

E-1**

Spouse of principal E-1

When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien

E-2*

Treaty investor (principal)

E-2**

Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien

E-3*

Treaty trader in a specialty occupation

F-1

Academic student - for on-campus employment, and DSO authorized curricular practical training. (See RM 00203.470 for the proof required)

F-3

Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training (see RM 00203.470C.5.a.)

G-1*

Resident representative of recognized foreign member government to an international organization

G-2*

Other temporary representative of recognized foreign member government to an international organization

G-3*

Representative of unrecognized or nonmember foreign government to an international organization

G-4*

Representative of international organization (officer or employee)

G-5*

Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4

H-1B

Worker in a specialty occupation

H-1B1

Temporary worker in a specialty occupation

H-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-2R

Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.

H-3

Trainee

I*

information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.

K-1

Fiancé(e) of U.S. citizen

L-1

Intracompany transferee

L-1A

Intracompany Transferee Managers and Executives

L-1B

Intracompany Transferee Specialized Knowledge

L-2**

Spouse of an intracompany transferee

When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien

NATO-1 through 6*

NATO officer, representative, or personnel

NATO-7*

Attendant, servant, of personal employee of principal NATO-1 through 6

O-1

Alien with extraordinary ability in sciences, arts, education, business or athletics

O-2

Alien accompanying O-1

P-1

Internationally recognized athlete or entertainer in an internationally recognized group

P-2

Artist or entertainer in an exchange program

P-3

Artist or entertainer in a culturally unique program

Q-1

Cultural exchange visitor

Q-2

Irish Peace Process Cultural and Training Program Visitor

R-1

Religious worker with a nonprofit religious organization

TC

Professional business person, United States-Canada Free Trade Act (FTA)

TN

Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)

TN-1

Professional business person from Canada, North American Free Trade Agreement (NAFTA)

TN-2

Professional business person from Mexico, North American Free Trade Agreement (NAFTA)

Refugee Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)

The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.

Asylee

Asylee under 208 of the INA

The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.

[SophWeb 25]

Hello all,

My fiance is worried about working and possibly traveling back home. She currently has a visa that allows her to travel back and forth to the U.S. She told me today that there might be a 6 month to 1 year process where she will not be allowed to leave the U.S. after she enters on her k-1; is that true?

Another question she had was in reference to a job. She is worried about not being able to work right away. Is there is a 3 month application process that she may have to go through before she can work? Does anybody on this board have experience with either of these issues? Also, is there any way to get this process rolling sooner rather than later?

Thanks.

What visa does she currently hold? a B-2 Tourist Visa with multiple entries?

Where is she living now?

Have you filed for a K-1?

We need more information to give you a better idea of what time frame you're looking at.

"N M" is correct below.