work permit

[jenni and sami 0]

hey folks,

In trying to "plan" ahead a little bit ( which is nearly impossible as many of you know), I am trying to figure out when my fiance may be able to work. Our NOA2 has been sent to the London Embassy and we are waiting on an interview. Once he has visa in hand and enters the US we plan on marrying right away. I realize the adjustment of status and work permit are seperate files we must submit, but my question is, Do we have to be approved for the adjustment of status before they issue him a work permit...or will he be able to work while we are waiting for the temperary residency to be completed?

thanks for any input

[KarenCee 3]

Yes, you do have to have approval in the form of an EAD card. There has been much discussion about a K1 being able to work, but proving to an employer that you are able is impossible without some form of documentation (hope I got that right). We filed our AOS and EAD, along with AP at the same time. You can see our timeline to see how long it took for my husband to get his. Hope this helps.

[mybackpages 0]

The EAD will be approved before the AOS. Usually within 2-4 months, but you can check your local filing office for process times.

have a great interview and speedy reunion!

[Kez/JWolf 6]

Once you arrive in the US and have got married you file for AOS and EAD and AP.... your EAD and AP should be approved before you get your interview for AOS... I say should because some people are getting their AOS interview so quickly that they dont need the EAD or AP...

Once you have the EAD you can work and once you have the AP you can travel outside the US...

Once you are approved for AOS and have your greencard you no longer need EAD or AP...

Hope this helps

Kezzie

[payxibka 10,045]

hey folks,

In trying to "plan" ahead a little bit ( which is nearly impossible as many of you know), I am trying to figure out when my fiance may be able to work. Our NOA2 has been sent to the London Embassy and we are waiting on an interview. Once he has visa in hand and enters the US we plan on marrying right away. I realize the adjustment of status and work permit are seperate files we must submit, but my question is, Do we have to be approved for the adjustment of status before they issue him a work permit...or will he be able to work while we are waiting for the temperary residency to be completed?

thanks for any input

I assume others will clarify, but my understanding is that a k-1 recipient is technically able to work during the 90 day period or until the marriage occurs (because at that time your status has changed (but this ability to work during this initial period seems to be in either in dispute or is being changed)) and then is not able to work until the beneficiaries status has been adjusted and work permit issued. Seems more complicated than it needs to be.

[KarenCee 3]

hey folks,

In trying to "plan" ahead a little bit ( which is nearly impossible as many of you know), I am trying to figure out when my fiance may be able to work. Our NOA2 has been sent to the London Embassy and we are waiting on an interview. Once he has visa in hand and enters the US we plan on marrying right away. I realize the adjustment of status and work permit are seperate files we must submit, but my question is, Do we have to be approved for the adjustment of status before they issue him a work permit...or will he be able to work while we are waiting for the temperary residency to be completed?

thanks for any input

I assume others will clarify, but my understanding is that a k-1 recipient is technically able to work during the 90 day period or until the marriage occurs (because at that time your status has changed (but this ability to work during this initial period seems to be in either in dispute or is being changed)) and then is not able to work until the beneficiaries status has been adjusted and work permit issued. Seems more complicated than it needs to be.

That's what I was alluding to. If one comes through JFK I've heard they stamp your passport with a temp EAD. Some say they don't do those anymore. So, I don't really know about that. It's proving to a prospective employer that you can work that the problem ensues. You have to have documentation, from what I understand. Without the EAD you have no proof. It is complicated to be sure. I'm sure though, there are others that will be better at clarifying this than I am.

[payxibka 10,045]

hey folks,

In trying to "plan" ahead a little bit ( which is nearly impossible as many of you know), I am trying to figure out when my fiance may be able to work. Our NOA2 has been sent to the London Embassy and we are waiting on an interview. Once he has visa in hand and enters the US we plan on marrying right away. I realize the adjustment of status and work permit are seperate files we must submit, but my question is, Do we have to be approved for the adjustment of status before they issue him a work permit...or will he be able to work while we are waiting for the temperary residency to be completed?

thanks for any input

I assume others will clarify, but my understanding is that a k-1 recipient is technically able to work during the 90 day period or until the marriage occurs (because at that time your status has changed (but this ability to work during this initial period seems to be in either in dispute or is being changed)) and then is not able to work until the beneficiaries status has been adjusted and work permit issued. Seems more complicated than it needs to be.

Techical correction I said status adjusted "and" work permit issued... I meant "or"

[YuAndDan 153]

One other thing you may do is to plan your return flight to arrive at Kennedy International in NY, the POE officers there stamp the passport with a temporary work stamp. Can work as soon as you get a SSN. I don't know how long they will continue the practice there at Kennedy.

[no name 1]

One other thing you may do is to plan your return flight to arrive at Kennedy International in NY, the POE officers there stamp the passport with a temporary work stamp. Can work as soon as you get a SSN. I don't know how long they will continue the practice there at Kennedy.

There's been talk that after Oct 1, 2006 they are no longer doing it. Check before you waste your $$ trying to fly through there.

[one...two...tree 2,762]

Yes, you do have to have approval in the form of an EAD card. There has been much discussion about a K1 being able to work, but proving to an employer that you are able is impossible without some form of documentation (hope I got that right). We filed our AOS and EAD, along with AP at the same time. You can see our timeline to see how long it took for my husband to get his. Hope this helps.

That also includes for the foreign spouse to be able to travel outside the U.S., correct?

[amwo 0]

OK, no alluding here.

My fiancé just came in 10/1 through JFK and got his work permit. Dont' know if this is ending as Devilette suggests. I googled it but didn't find anything.

(question: when giving opinions or possible info , why would one "allude"?)

[ninamyers 0]

Hrm, well that sounds positive, hopefully I'll get mine too then! i was planning on giving up on the JFK idea and going straight to LAX, then I looked up flights on Opodo and the cheapest option was Air India to JFK and the AA to LAX... £298 inc tax, not bad! So looks like I will be going through JFK after all...

[theresa 0]

Hrm, well that sounds positive, hopefully I'll get mine too then! i was planning on giving up on the JFK idea and going straight to LAX, then I looked up flights on Opodo and the cheapest option was Air India to JFK and the AA to LAX... £298 inc tax, not bad! So looks like I will be going through JFK after all...

Great! Can you come back here and let us know whether you get the stamp or not?

[KarenCee 3]

OK, no alluding here.

My fiancé just came in 10/1 through JFK and got his work permit. Dont' know if this is ending as Devilette suggests. I googled it but didn't find anything.

(question: when giving opinions or possible info , why would one "allude"?)

al·lude (-ld) Pronunciation Key Audio pronunciation of "allude" [P]

intr.v. al·lud·ed, al·lud·ing, al·ludes

To make an indirect reference:

So maybe I used the wrong term here...sorry. Didn't want to say for absolute certain in my post that what I mentioned was the whole truth. I shall try to avoid using the wrong term in the future so as not to confuse anyone.

[Yodrak 7]

americanwoman,

Please post this to the POE Rolling List.

http://www.k1poelist.com/

Thanks,

Yodrak

OK, no alluding here.

My fiancé just came in 10/1 through JFK and got his work permit. Dont' know if this is ending as Devilette suggests. I googled it but didn't find anything.

(question: when giving opinions or possible info , why would one "allude"?)

Edited October 9, 2006 by Yodrak