Can my Fiance start working right when he arrives with his k1visa?

[aguileralupita30 7]

Exactly. The I-94 does not authorize someone entering with a K-1 to work. You must have the EAD or green card to go along with an SSN to be legally able to work. It will take about 2-3 months to receive the EAD after filing for it with AOS.

OP> You mentioned him living with his brother. Will he not be living with you after he enters and you marry or did you mean you would both live his brother or your parents? It would not be a good idea to live apart. If you have an AOS interview, you need to provide proof of living together and co-mingling of finances, insurance, bills and such.

Yes we would be moving to chicago to live with his brother where he feels more comfortable, Well thank you so much! I guess we will marry ASAP and then file all the other papers and the next procedures so he can start working thank you for the info!

[bigdog 376]

I have a concern that you haven't researched what you're embarking on thoroughly.

Instead of giving you an easy answer, my perogative, I ask that you go back and study the guides to make sure that you haven't skipped all the pertinent details that you need to know. This is such an easy but important question tha tyou should really no the answer.

Yes I know, I'm a grumpy old Man but helpful in my own way.

I agree one needs to take ownership for themselves and do some research.

Edited November 6, 2012 by bigdog

[KayDeeCee 4,893]

For after the marriage, yes. There's no cohabitation/commingling requirement for the period before they marry.

OP> You mentioned him living with his brother. Will he not be living with you after he enters and you marry or did you mean you would both live his brother or your parents? It would not be a good idea to live apart. If you have an AOS interview, you need to provide proof of living together and co-mingling of finances, insurance, bills and such.

From the USCIS website:

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 am not sure what your point here is. This was already mentioned a couple times in this thread. You can file for an EAD before you apply for AOS, BUT it will cost you $380 and only be valid for as long as your I-94 is. Since it takes 2-3 months to receive, it is a pointless waste of money. It is much better to file for the EAD at the same time you file for AOS. The fee for the form is waived when filing and the EAD that is issued in that case will be good for a year, which is usually plenty of time while waiting for the green card approval. The stamp on the I-94 is not authorization to work. That is what I stated and your link does not provide facts to the contrary. An I-94 alone is not permission to work.

Yes we would be moving to chicago to live with his brother where he feels more comfortable, Well thank you so much! I guess we will marry ASAP and then file all the other papers and the next procedures so he can start working thank you for the info!

You are welcome. Good luck to you two!

[EAS 45]

I am not sure what your point here is. This was already mentioned a couple times in this thread. You can file for an EAD before you apply for AOS, BUT it will cost you $380 and only be valid for as long as your I-94 is. Since it takes 2-3 months to receive, it is a pointless waste of money. It is much better to file for the EAD at the same time you file for AOS. The fee for the form is waived when filing and the EAD that is issued in that case will be good for a year, which is usually plenty of time while waiting for the green card approval. The stamp on the I-94 is not authorization to work. That is what I stated and your link does not provide facts to the contrary. An I-94 alone is not permission to work.

The point is to give an authoritative reference rather than a bunch of opinions from people whose opinions don't matter in the least.

[LIFE'SJOURNEY 970]

The point is to give an authoritative reference rather than a bunch of opinions from people whose opinions don't matter in the least.

The justifiable point would have been if you who was trying to prove a point had given ALL of the correct facts, not just the facts to lead the indiviual to a road that had an end before it began.

[Sunnyland 639]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

When your fiance enters USA and after you got married, he will have to apply for the AOS. Later he will receive the EAD that is the document that will allow him to work legally (he also will need to apply for his Social Security Number).

Please remember that when applying for AOS also include the forms for EAD and AP.

http://www.visajourney.com/content/k1k3aos

EAD = Employment Authorization Document

AP = Advance Parole. This document is issued by the United States Citizenship and Immigration Services (USCIS) and provides a K-1 visa holder permission to re-enter the United States while their Legal Permanent Resident Adjustment of Status (AOS) application is pending.

SSN = Social Security Number

PS: He should NOT work before he receives the EAD and SSN.

Edited November 6, 2012 by Chris & Isa

[KayDeeCee 4,893]

The point is to give an authoritative reference rather than a bunch of opinions from people whose opinions don't matter in the least.

Except for that minor detail that it is not an opinion that the I-94 does not authorize a K-1 entrant to work. It is a fact. Also, your first post, post #6 in this thread, was just your 'opinion' that did not matter since you did not bother to give the 'authoritative reference' at that time. Dave&Roza correctly stated the facts and mentioned that they could look up the I-9 to see what forms are legally acceptable for employment. It is easy enough to Google it without him having to post the link to it.

[Sirdaniel42 86]

The point is to give an authoritative reference rather than a bunch of opinions from people whose opinions don't matter in the least.

[MlovesW 7]

Then, I beg you to please enlighten me regarding the purpose of the "I-94 stamp" that is placed in the K-1 Visa holder's passport when they enter the USA!

Sid

My husband came into the USA on a B3 visitor visa and was given an I-94 which is an entry page, it does not allow for work authorization. You cannot obtain a work SS# with an I94.

[thinkerlove0212 158]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

No, you should file AOS...

[Ban Hammer 13,340]

one post advocating illegal activity removed. further posts advocating illegal action will receive administrative action.

[EAS 45]

The justifiable point would have been if you who was trying to prove a point had given ALL of the correct facts, not just the facts to lead the indiviual to a road that had an end before it began.

Except for that minor detail that it is not an opinion that the I-94 does not authorize a K-1 entrant to work. It is a fact. Also, your first post, post #6 in this thread, was just your 'opinion' that did not matter since you did not bother to give the 'authoritative reference' at that time. Dave&Roza correctly stated the facts and mentioned that they could look up the I-9 to see what forms are legally acceptable for employment. It is easy enough to Google it without him having to post the link to it.

It is correct that my opinion is just that, an opinion. The authoritative source is the USCIS, thus the posting of the link to the appropriate USCIS webpage.

Edited November 6, 2012 by EAS

[Merrytooth 5,748]

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.