Just to make sure I understand....

[Libersolis 0]

My wife will be coming over on a K-3 within the next 3 months or so if all goes well. Basically from what I have read she won't be able to work or drive or anything until we AOS. Am I correct in understanding this or is there another way she could work upon arrival?

[YuAndDan 153]

Wont be able to work untill has EAD or Green Card. Also wont beable to get SS number also required for work until either has EAD or Green Card. and as for driving, most states require SS number, and some also require EAD or Green card as well.

EAD can take up to 3 months to get and AOS can take longer.

If you absolutely need to work as soon as arrive, then check the status of your I-130 case, and return to the consulate and interview for the CR-1 visa, this gets you the Green Card.

[john_and_marlene 162]

For K-3, you don't have to file AOS to file for the EAD. You can file for the EAD and work while waiting to return for the CR-1 interview. You can file for the EAD now and file for the AOS later.

Expect about a 90 day wait for the EAD

[Yodrak 7]

Libersolis,

There's no way that she can work on arrival, the best she can do is submit an I-765 promptly after arrival. Note that there is a benefit to applying for EA as (a)(9), prior to submitting an I-485, rather than submitting I-765 concurrently with or after I-485. Like EA based on (a)(6) for a K1, EA based on (a)(9) as a K3 is valid for the duration of the original I-94.

She ought to be able to get her driver's license promptly, but may have to pass both written and road tests.

Yodrak

My wife will be coming over on a K-3 within the next 3 months or so if all goes well. Basically from what I have read she won't be able to work or drive or anything until we AOS. Am I correct in understanding this or is there another way she could work upon arrival?

YuAndDan,

I expect that you are thinking of K1s, whose I-94 shows that they are 'legally present in the USA' for only 90 days. A K3 should not have this problem, as their I-94 shows 2 years.

Yodrak

..... as for driving, most states require SS number, and some also require EAD or Green card as well.

.....

Edited November 27, 2006 by Yodrak

[Libersolis 0]

Ahh interesting..I wasn't sure if she could drive or not. The main thing with that is her having to learn how to drive on the opposite side of the road.

[MaryandMian 1]

Check out your local DMV and see what they require. I know Mian had to get a learner's permit and was allowed to drive as long as a licensed driver was in the car with him and he was insured on my policy until he got his official driver's license. Insurance company should cover her until she has a license since most will not issue them on policy until they have a permanent Driver's License number. This is our rule for our state they make you take the written, get a permit, and then the road exam.

He needed his birth certificate, passport, and social security card before they would even allow the written test. Once we gave them the information he took the test and got his permit.

Good luck.

Mary