EAD for K-1 Visa

[UKtoUS3476 0]

I am brand new to this forum, just got engaged to a UK citizen and I am about to send out the I-129. My question goes to work authorization once my fiancé enters the country on a K-1 visa. I have already extensively researched the work authorization issue on these forums and understand that my fiancé will need a social security number and authorization to work through a EAD or EAD/AOS after we are married.

We planned on getting married about 60 days after she enters the country and I wanted to know if that would be worth it to apply for the EAD as soon as she enters the country. Just a bit concerned that if we take 60 days to get married and the AOS/EAD takes about 3 months, that would mean she would not be able to work for 5 months! Thank you for your help.

[Tim/Mav 305]

Your assumptions are pretty much correct if you file right after Marridge.

[Lainie B 465]

You could do a court wedding when she arrives to get the marriage certificate so she can file for AOS/EAD/AP right away, then have the ceremonial marriage later. That way she will only wait 2-3 months until she can work. A lot of people do it that way.

Edited January 20, 2012 by Lainie B

[VanessaTony 3,567]

Totally not worth it to apply for the EAD as soon as she arrives. You would have to pay for it. It would take around 2-3 months and would only be valid until the I-94 expires. At that time she would need to quit her job (if she was able to get one in the small window she had) and wait until she gets the EAD from her AOS.

The EAD takes around 60 days usually though so if you get married asap and then file AOS asap then she might only be unemployed for a couple of months. But yes, this is one of the pitfalls of the K1 visa.

I should also mention that getting a job might take her a while as well. I know several people who took an extremely long time to find a job and even then the ones they got weren't fabulous. I personally didn't get a job until I'd been here close to 2 years. I got a job as soon as I started looking but it was only temp. I've now been unemployed since late October and finding a job has been HARD! Even with my qualifications (seriously the term "over qualified" is really really irritating when you're wiling to take anything just to get out of the house). She isn't legal to work until she has the EAD or GC. She should apply for the SSN about 10 days after she arrives though.

You could do a court wedding when she arrives to get the marriage certificate so she can file for AOS/EAD/AP right away, then have the ceremonial marriage later. That way she will only wait 2-3 months until she can work. A lot of people do it that way.

Agreed. Many people do it this way. Sometimes because money is an issue, sometimes because boredom is. You don't understand how much that little card (GC) granting you "regular rights" matters until you have it. I was finally able to get a drivers licence (my insurance didn't like my Aussie licence). That changed EVERYTHING!