Few K1 Questions work, travel etc?

[jjbrien 1]

My fiancée and I have filed for a K1 visa for myself we have just sent off the I-129F and I have a few questions.

We plan to marry within 2 or 3 days of entering the US on the K1

How long after I enter or get married can I work? I will be the main bread winner in our relationship since I have a University degree and work in IT so its important for us to me to get working.

I heard you need to file for parole if you need to leave the US on the K1 visa? Is this hard to do? I have a sick father in Ireland who I would need to get to if anything happens to him.

Anyone who can answer these questions would be very helpful to us. If you have any more info that could help Id appreciate it also.

[agrabs 241]

It will take between 60 and 90 days after applying for AOS to get your EAD/ AP card

[jjbrien 1]

It will take between 60 and 90 days after applying for AOS to get your EAD/ AP card

When you get the EAD/AP Card can you travel outside the US?

[Moomin 292]

Yes. AP is used to re-enter the US with. You just have to submit the form I131 with the AOS paperwork(no cost for I131 or EAD when filed together). What are your plans? Don't attempt to file I131 or I765 before AOS. Then they cost, and by the time they're approved, you're beyond the 90 days on the i94 and work permit is basically useless.

A sidenote, if you haven already, please check if there's any waiting time from applying for a marriage license until getting married.

You will need SSN to start working. With EAD and no SSN you can't work. You need to provide SSA with either valid i-94 in passport with more than 14 days left, or you'll need the i-94 in passport plus marriage license if you're changing your last name. If not done before the i-94 expires, you'll have to wait until receiving EAD to get ssn.

[jjbrien 1]

Yes. AP is used to re-enter the US with. You just have to submit the form I131 with the AOS paperwork(no cost for I131 or EAD when filed together). What are your plans? Don't attempt to file I131 or I765 before AOS. Then they cost, and by the time they're approved, you're beyond the 90 days on the i94 and work permit is basically useless.

A sidenote, if you haven already, please check if there's any waiting time from applying for a marriage license until getting married.

You will need SSN to start working. With EAD and no SSN you can't work. You need to provide SSA with either valid i-94 in passport with more than 14 days left, or you'll need the i-94 in passport plus marriage license if you're changing your last name. If not done before the i-94 expires, you'll have to wait until receiving EAD to get ssn.

Thanks for the reply its very much appreciated. I checked and we will be living in NY so once the marriage licence is approved then we just have to wait 24 hours before marrying. Our plan is to for me to enter the US my fiancée to move to NYC to be with me. A day or 2 after getting to NY we plan to apply for the marriage license. Her family will travel down to NY and I have family living there too. We then go to city hall after 24 hours of the marriage license to be issued we go to city hall and do the wedding. The prob the same day we will go to the USCIS office in NY and file all our papers and then go and get the ssn. Am I allowed work once I have the SSN?

[aws&ndd 103]

No...you will be allowed to work once you receive your EAD card, which takes about 2 months or more after you file your AOS

[Moomin 292]

Thanks for the reply its very much appreciated. I checked and we will be living in NY so once the marriage licence is approved then we just have to wait 24 hours before marrying. Our plan is to for me to enter the US my fiancée to move to NYC to be with me. A day or 2 after getting to NY we plan to apply for the marriage license. Her family will travel down to NY and I have family living there too. We then go to city hall after 24 hours of the marriage license to be issued we go to city hall and do the wedding. The prob the same day we will go to the USCIS office in NY and file all our papers and then go and get the ssn. Am I allowed work once I have the SSN?

One little obstacle though - you'll need to file the papers to a Chicago lockbox and not just show up at a USCIS location.

You'll also need to gather some documents. I'd suggest looking into if you can waltz into the country clerk's office(do a walk-in) that issued your marriage license(or the place that registers the marriage) and get some copies in hand right away. You'll need the certified copy of marriage certificate to submit in the AOS package. You'll need one for i-845, one for i-765 and one for i-131. Some have been able to only submit a copy of the certified copy of the marriage certificate. This way, you don't have to wait weeks to receive it in the mail however, not all locations offer this so please look into it - maybe look into it here; http://www.health.ny.gov/vital_records/marriage.htm

You cannot work only with ssn. You have to have both work permit(EAD approved) and ssn to start working.

[jjbrien 1]

One little obstacle though - you'll need to file the papers to a Chicago lockbox and not just show up at a USCIS location.

You'll also need to gather some documents. I'd suggest looking into if you can waltz into the country clerk's office(do a walk-in) that issued your marriage license(or the place that registers the marriage) and get some copies in hand right away. You'll need the certified copy of marriage certificate to submit in the AOS package. You'll need one for i-845, one for i-765 and one for i-131. Some have been able to only submit a copy of the certified copy of the marriage certificate. This way, you don't have to wait weeks to receive it in the mail however, not all locations offer this so please look into it - maybe look into it here; http://www.health.ny.gov/vital_records/marriage.htm

You cannot work only with ssn. You have to have both work permit(EAD approved) and ssn to start working.

We were looking at this http://www.cityclerk.nyc.gov/html/marriage/ceremony.shtml

If you get married in the City Clerk's office, you will receive your Certificate of Marriage Registration at the conclusion of the ceremony

So we are thinking we can just do that and get the cert on the day as they say then file alway

[KayDeeCee 4,893]

Once you get your certified marriage certificate back from the court, you can file for adjustment of status(AOS) which is when you also file for your work permit(EAD) and advance parole travel document(AP). They usually come as an EAD/AP combo card and it is valid for work and re-entry to the US while waiting for the green card approval. It takes 2-3 months to receive after filing for AOS. The cost of filing is $1070 for the I-485 and the fees for the EAD and AP are waived when filing with a pending I-485. Follow this guide: http://www.visajourney.com/content/k1k3aos

File for your SSN about 2 weeks after you enter the US. Your social security card will have the statement, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". The authorization will be the EAD. You need the EAD and SSN to legally work. Once you get your green card, return to the SSA to update your status with them and you will be issued a new card without that statement printed on it. http://www.visajourney.com/content/ssn

[Moomin 292]

We were looking at this http://www.cityclerk.nyc.gov/html/marriage/ceremony.shtml

Yep, that's fine!

So we are thinking we can just do that and get the cert on the day as they say then file alway

Yes, IF it's an opportunity at that location. You'll have to call and ask, not all offices allow it.

[jjbrien 1]

Guys thanks for all the help and advise we really appreciate it all hopefully when we learn this all ourselves we can help others too

[baron555 934]

I will be the main bread winner in our relationship since I have a University degree and work in IT so its important for us to me to get working.

What makes you so sure you'll be qualified for or can even find work so quickly? Start researching this right away.

I heard you need to file for parole if you need to leave the US on the K1 visa? Is this hard to do?

You can always leave at any time....it's returning that's the tricky part. You'd have to wait the 2-3 months after marriage and filing the AOS documents to get the AP to be able to return. If you leave without it, then you'd have to file for a CR-1 spouse visa and wait many months for that.

[bigdog 376]

Good Luck with your planning.

[Kelli/Ozzy 8]

my fiance is arriving at JFK airport in New York tomorrow from Turkey and I was told he can ask for working papers at his point of entry in customs immediately. I was told this by a catholic charity that helped me file my initial paperwork. I guess we'll try it and see what happens. I can update you in a couple days to see if it really was that easy. Good Luck

[agrabs 241]

my fiance is arriving at JFK airport in New York tomorrow from Turkey and I was told he can ask for working papers at his point of entry in customs immediately. I was told this by a catholic charity that helped me file my initial paperwork. I guess we'll try it and see what happens. I can update you in a couple days to see if it really was that easy. Good Luck

You were given incorrect information. A k1 visa will not get work authorization at POE.

Edited November 26, 2012 by agrabs