K1 and Work

[BlueSurf 0]

Just a basic question for confirmation...

To obtain work permission after arriving on a K1 visa - there must first be marriage and then adjustment of status before the beneficiary is permitted to work for any business (or other individual), correct??

[mybackpages 0]

Just a basic question for confirmation...

To obtain work permission after arriving on a K1 visa - there must first be marriage and then adjustment of status before the beneficiary is permitted to work for any business (or other individual), correct??

JFK may still give a temporary work authorization when entering (90 days) . BUt other than that yes...after the marriage, when you file the AOS you can also file for EAD. The EAD should be approved in 2-4 months- give or take. Check your local filing office for processing times. You do not need to wait for the AOS to be complete.

[Mew 0]

One can also get a temp EAD before marriage, according to the guides. The question is whether it is worth it.

2. Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waist of both time and money to bother applying. You will file as category ©(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[BlueSurf 0]

We will be entering the USA through Detroit, so it does not appear that a convenient approval of work status is available for us. Customer service, convenience...efficiency - it all seems to be beyond the understanding of USCIS.

What of the beneficiary's teenaged daughter? Does she fall within the 274a.12(a)(6) category??

I was hoping that some minimal part-time holiday work at the mall would provide a way for them to quickly feel a part of life here - something to quickly take their minds off of what they have left behind. But, the December holidays may be too quickly approaching for us to get the necessary govt approval.

[Yodrak 7]

BlueSurf,

On arriving as a K1 you have "work permission". What you may not have is a USCIS document to prove it. Apply for the document and you can accept employment. Show your employer a receipt for your application within 3 days of starting employment, and show the document itself within 90 days (if you receive it that quickly).

Also, apply for new employment authorization along with your application to adjust status ASAP after marriage - because your K1 employment authorization will expire 90 days after entry.

Just a basic question for confirmation...

To obtain work permission after arriving on a K1 visa - there must first be marriage and then adjustment of status before the beneficiary is permitted to work for any business (or other individual), correct??

No, K2s are not employment authorized incident to status.

....

What of the beneficiary's teenaged daughter? Does she fall within the 274a.12(a)(6) category??

.....

Yodrak

Edited October 9, 2006 by Yodrak