Working while on K1 visa

[naomiandadam 1]

My fiance and I are planning on getting married this december and are trying to plan everything out now. We have done extensive research on other posts in this forum and have a general understanding of the process (thanks in a large part to the flow chart http://www.visajourney.com/content/k1flow).

The main question were faced with is one we are having a hard time understanding our options. We know that once my fiance(from England) enters the US we have a 90 day window to get married. We plan on marrying right after she enters the country. However, this means she will quit her job in the UK prior to coming to the US, and cannot start to look for work until she has a temporary work permit (I forget the acronym) before her green card gets processed. From what we understand this can take up to 90 days as well. If she enters the country on a K1, is there anyway she can look for a job/start working in a permanent role earlier than 3 months? We are fully confident there will not be any problem with her application for any temporary work permits or for her green card, but are worried employers may feel uneasy about interviewing someone does not have their green card processed yet.

We're still new to all of the forms and applications and are trying to figure out what our best course of action is, as well as what to expect when she moves to the states. Any help would be greatly appreciated.

Adam and Naomi

[C-ma'am 684]

My fiance and I are planning on getting married this december and are trying to plan everything out now. We have done extensive research on other posts in this forum and have a general understanding of the process (thanks in a large part to the flow chart http://www.visajourn.../content/k1flow).

The main question were faced with is one we are having a hard time understanding our options. We know that once my fiance(from England) enters the US we have a 90 day window to get married. We plan on marrying right after she enters the country. However, this means she will quit her job in the UK prior to coming to the US, and cannot start to look for work until she has a temporary work permit (I forget the acronym) before her green card gets processed. From what we understand this can take up to 90 days as well. If she enters the country on a K1, is there anyway she can look for a job/start working in a permanent role earlier than 3 months? We are fully confident there will not be any problem with her application for any temporary work permits or for her green card, but are worried employers may feel uneasy about interviewing someone does not have their green card processed yet.

We're still new to all of the forms and applications and are trying to figure out what our best course of action is, as well as what to expect when she moves to the states. Any help would be greatly appreciated.

Adam and Naomi

I'm afraid not. She will not be able to work until an EAD (

Employment Authorization Document) is issued and approved by USCIS. The EAD can be requested in two different ways:

1) By submitting an application for it and paying $350. However this type of authorization will expire at the same time her I-94 does when she enters the country... so basically, it's worthless. In my book... 350 dollars for something that may take a month to get to me, and will be good for only 2 more... it's not good.

2) The EAD that you will apply for with AOS (as a combo). That one is good for 2 years (same as the conditional GC) and she should received it before the green card itself... thus allowing her to work (employers are OK with is)

So, the best bet... unless you feel like "donating" 350 dollars to the government, is to apply for it all when applying for AOS.

Makes more sense now?

[Tinchen_ 21]

If she starts to work without the EAD or green card, then she works illegal and jeopardize her whole permanent resident process.I would go by what celeste wrote and apply for your EAD with ur AOS.the faster you apply for your AOS and EAD the faster u get it.it takes like 2-3month to have the EAD.

[EvilSquee 7]

If you haven't already filed the I-129F there's no way you'll have approval and be through the process to have a visa by Dec 2012. NOA2 in Nov-Dec if you filed tomorrow, 1 month to go through NVC and get to the embassy/consulate, and then you need to send back all the docs to the DOS, get the medical, have the interview, and get the passport back with the visa. If everything went perfect you're looking at Feb-Mar 2013 to have the visa, any bumps will add delays. I made the mistake of setting a wedding date (not til I got NOA2) and am wishing I hadn't (may not make it, it will be close). Personally I recommend not planning a wedding until you have the visa in hand.

The first responder is spot on with the EAD. Wait til the AOS to get it. With processing times you are unlikely to get it with a meaningful amount of time to work on the I-94. Waste of money and effort.

Edited May 30, 2012 by EvilSquee

[naomiandadam 1]

Ok thank you I understand. I have another question, if she comes to the states on a K1 visa, she cannot leave the country or the K1 is void. How about after we are married before she gets her AOS and EAD? Can she return to England after we get married and continue to work until her AOS and EAD are approved? This would eliminate a 3 month wait of not being able to do anything in the meantime.

Thanks for the replies!

[Xanax 349]

No, she cannot leave until she has AP. That is the point.

Edit: if she wants to work straight away, why not consider the CR-1 spousal visa (if you haven't already filed)? With the CR-1 once the beneficiary enters the US they are an LPR and there is no AOS.

Edited May 31, 2012 by BrittandDan

[C-ma'am 684]

No, she cannot leave until she has AP. That is the point.

Edit: if she wants to work straight away, why not consider the CR-1 spousal visa (if you haven't already filed)? With the CR-1 once the beneficiary enters the US they are an LPR and there is no AOS.

I agree with Dan. If she needs to work as soon as she gets here, you should get married in England and apply for an spousal visa.

If she leaves before she has AP (Advance Parole - you also apply for this with the AOS combo), as Dan said, she will lose her status and you'll be back to square 1.