Work permission after entering US on K1 Visa

[Panafax1 0]

Hi all,

Is anyone aware of the rule about my fiance working after entering the US on her K1 Visa? Can she work immediately, or only after we marry and adjust her status? Any help is appreciated!

Thanks

E

[az110965 252]

Hi all,

Is anyone aware of the rule about my fiance working after entering the US on her K1 Visa? Can she work immediately, or only after we marry and adjust her status? Any help is appreciated!

Thanks

E

She can not work until you are married and after AOS is approved. Figure her EAD about 3-4 months from the date you file for AOS.

[Ryan H 3,834]

She can not work until you are married and after AOS is approved. Figure her EAD about 3-4 months from the date you file for AOS.

The part of the sentence I put in bold is incorrect. An EAD card can applied for at the same time AOS is filed; the purpose of an EAD card is to allow the holder of it to work while their AOS is pending.

OP, your wife can work while her AOS is pending provided she has the EAD card. Be aware, you need to think in terms of many weeks or a few months before an EAD card would be issued. Sometimes AOS is approved before an EAD card is ever issued.

[az110965 252]

The part of the sentence I put in bold is incorrect. An EAD card can applied for at the same time AOS is filed; the purpose of an EAD card is to allow the holder of it to work while their AOS is pending.

OP, your wife can work while her AOS is pending provided she has the EAD card. Be aware, you need to think in terms of many weeks or a few months before an EAD card would be issued. Sometimes AOS is approved before an EAD card is ever issued.

True enough that EAD is filed for at the same time AOS (if you are smart), BUT even if EAD is approved prior to AOS then doesn't EAD expire on the expiration date of the I-94? What does the beneficiary gain? Perhaps a month of work if she's lucky before the I-94 expiration?

Let me know if I have it wrong.

[VanessaTony 3,567]

True enough that EAD is filed for at the same time AOS (if you are smart), BUT even if EAD is approved prior to AOS then doesn't EAD expire on the expiration date of the I-94? What does the beneficiary gain? Perhaps a month of work if she's lucky before the I-94 expiration?

Let me know if I have it wrong.

You are wrong. The EAD that is applied for at the same time as AOS is valid for a year (or until the GC is approved).

It is possible to apply for AND pay for, an EAD prior to AOS. THAT EAD is only valid until the I-94 expires.

Edited December 3, 2011 by Vanessa&Tony

[az110965 252]

You are wrong. The EAD that is applied for at the same time as AOS is valid for a year (or until the GC is approved).

It is possible to apply for AND pay for, an EAD prior to AOS. THAT EAD is only valid until the I-94 expires.

Thanks for the clarification!

[milimelo 4,581]

Moving to Working and traveling during immigration (AOS).

[inyong 0]

The part of the sentence I put in bold is incorrect. An EAD card can applied for at the same time AOS is filed; the purpose of an EAD card is to allow the holder of it to work while their AOS is pending.

OP, your wife can work while her AOS is pending provided she has the EAD card. Be aware, you need to think in terms of many weeks or a few months before an EAD card would be issued. Sometimes AOS is approved before an EAD card is ever issued.

ANYONE ENTERING ON K1 VISA CAN WORK AS STATED IN SOCIAL SECURITY ONLINE "RM 10211. 420" PLS SEE THIS WEBSITE

WHY PEOPLE HERE ARE ARGUING ABOUT THIS "WORKING CONDITIONS" AS LONG AS YOU GET MARRIED BEFORE THE EXPIRATION DATE

THE 90 DAYS.

[ceadsearc 516]

ANYONE ENTERING ON K1 VISA CAN WORK AS STATED IN SOCIAL SECURITY ONLINE "RM 10211. 420" PLS SEE THIS WEBSITE

WHY PEOPLE HERE ARE ARGUING ABOUT THIS "WORKING CONDITIONS" AS LONG AS YOU GET MARRIED BEFORE THE EXPIRATION DATE

THE 90 DAYS.

SSA determines if you are eligible for a social. USCIS determines if you can work. If you get a social before your I-94 expires it will clearly say it is not valid for work without DHS authorization. DHS authorization is an EAD or GC. A K-1 applicant can pay to file for an EAD immediately, prior to AOS, but it will expire when the I-94 expires.

A K-1 CANNOT just enter the country, get a social, and get a job.

[VanessaTony 3,567]

ANYONE ENTERING ON K1 VISA CAN WORK AS STATED IN SOCIAL SECURITY ONLINE "RM 10211. 420" PLS SEE THIS WEBSITE WHY PEOPLE HERE ARE ARGUING ABOUT THIS "WORKING CONDITIONS" AS LONG AS YOU GET MARRIED BEFORE THE EXPIRATION DATE THE 90 DAYS.

No they can't. they need an EAD in order to work. Anyone working on a K1 visa without an EAD/GC is working illegally.

[Darnell 8,479]

Hi all,

Is anyone aware of the rule about my fiance working after entering the US on her K1 Visa? Can she work immediately, or only after we marry and adjust her status? Any help is appreciated!

Thanks

E

She can work when she has

1. EAD or green card

2. SSN

Please to study the I-9 form, todayish.

[brandon89 0]

ANYONE ENTERING ON K1 VISA CAN WORK AS STATED IN SOCIAL SECURITY ONLINE "RM 10211. 420" PLS SEE THIS WEBSITE

WHY PEOPLE HERE ARE ARGUING ABOUT THIS "WORKING CONDITIONS" AS LONG AS YOU GET MARRIED BEFORE THE EXPIRATION DATE

THE 90 DAYS.

DHS authorizes when a person can work or not, as stated on this Social Security Administration document:

https://secure.ssa.gov/poms.nsf/lnx/0110211420

RM 10211.420 Employment Authorization for Non-immigrants

A. Policy for non-immigrant employment authorization

The Department of Homeland Security (DHS) determines whether a non-immigrant in the U.S.

may be employed;

may be self-employed; or

may not work.

The USCIS is a division of the DHS, and it clearly states on its website what a K1 Visa Holder is authorized to do:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

I hope this clears up the confusion, as I was first confused also when seeing that the K1 didn't have an asterix next to it on this document from the Social Security Administration:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530