Work while waiting for AOS

[BigBadWolf 3]

Hi everybody! There's one thing I don't understand and can't find an answer to. So, as soon as the K-1 visa beneficiary arrives in the US, the couple have 3 months to get married and during that time the beneficiary gets a temporary work permit. Then, right after the marriage, they apply for AOS, and the application may include I-765, an application for employment authorization, which takes about 3 months to process. That is, if the beneficiary wants to work while waiting for the temporary green card. The question is, does the beneficiary need to quit the job s/he has been working at while on K-1 visa, and then resume it once I-765 is approved? Would any employer agree to that? I don't think so.

[JohnR! 5,495]

The beneficiary can't work until he/she has the EAD on hand. The K-1 alone is not an authorization to work, in any way, shape or form.

Once you get married and you apply for AOS. At that time the beneficiary can ask for a temporary work permit - that should take about 90 days - which will allow he/she to work while the AOS is being processed.

Edited December 12, 2013 by Gegel

[Zedayn 485]

If the beneficiary is working after entering on a K-1 visa, then they are working illegally. It is not legal to work unless you have already the EAD card. You can apply for the EAD after you are married. Usually you apply for EAD and AP at the same time you file adjustment of status.

[BigBadWolf 3]

Ok, thank you Gegel and Zedayn. So what is the best visa to start work sooner then? CR-1? Or even adjustment of status after marrying on a tourist visa (I know this is a bad option)?

Thing is, I'll go mad sitting around doing nothing all day while waiting.

Edited December 12, 2013 by BigBadWolf

[NigeriaorBust 4,087]

Using a tourist visa to enter the US with intent to stay is illegal and you can get banned for life. NOT a good idea and you will not be able to work quickly even if you don't get banned just like a K1 you wait until you have an EAD . The CR1 allows you to work immediately if that is important to you. Finding work is another matter that can take months or years. Coming on a dual intent that allows work is about the only other way to work quickly

[Zedayn 485]

If you want to work right away when you get here, I would suggest a CR-1 visa. You will get your conditional green card when you arrive (you may have to wait a few days for it to arrive), and with this you can begin working immediately.

[DandC 13]

Hi everybody! There's one thing I don't understand and can't find an answer to. So, as soon as the K-1 visa beneficiary arrives in the US, the couple have 3 months to get married and during that time the beneficiary gets a temporary work permit. Then, right after the marriage, they apply for AOS, and the application may include I-765, an application for employment authorization, which takes about 3 months to process. That is, if the beneficiary wants to work while waiting for the temporary green card. The question is, does the beneficiary need to quit the job s/he has been working at while on K-1 visa, and then resume it once I-765 is approved? Would any employer agree to that? I don't think so.

Hi there! I contemplated on the same. Since K1 holders can't work legally without EAD and we certainly do not want to compromise anything, my fiance and I decided that it would be best to quit my job now, get married and process the AOS and EAD then work again with the same company that I am with now. Luckily, my employer agreed and I have a job waiting as soon as I have a work permit. As I am a workaholic and can't stand the thought of being idle, my fiance and I just laid out some plans for me while waiting for EAD, like studying a short course online, learning driving rules etc, home renovation, setting up my office from home and a lot more. Time flies so fast anyway...

Whatever you decide, all the best.

[Stevephoto 230]

Others have pretty much summed everything up, but technically you can file for an EAD as soon as you arrive with K1. It is a waste of money though because it takes 2 to 3 months and expires with your I-94! The fees for EAD and AP are included with your AOS application when you file them at the same time. The post about taking classes, etc. has some great advice. Good luck.

[Dieseltu 19]

Its funny, because my wife's SS card says valid for work only after approval by DHS. I'm wondering what yours says. And she's been saying she wants to work like she don't even know.

[aaron2020 11,651]

Its funny, because my wife's SS card says valid for work only after approval by DHS. I'm wondering what yours says. And she's been saying she wants to work like she don't even know.

Non-immigrants who are not work authorized get SS cards with the "valid for work only after approval by DHS" restriction. They need either an EAD or green card to legally work. DHS is the parent agency of USCIS who issues the EAD and green card.

As a US citizen, my card does not have the "valid for work only after approval by DHS" restriction.

[KayDeeCee 4,893]

You cannot work with an SSN and/or K-1 visa alone. The K-1 visa is a single entry visa and once you use it to enter the US, it becomes null and void. It is not used for employment. That stipulation comes printed on the SSN because you need both the SSN and the EAD)Employment Authorization Document) to be able to legally work. Once you get the green card, you will no longer need the EAD and you can return to the SSA to update your immigration status and have them remove that stipulation from your SS card, if you wish.

If you enter the US with a CR-1 spousal visa, then you will be able to work right away because you will already be a permanent resident. With a K-1, you must file to adjust your status to permanent residency and wait for the EAD or green card. It takes 2-3 months from filing to receive the EAD.

~ Moved from AOS from Family Based to Working & Traveling During US Immigration - topic mainly about working during immigration and not the AOS process ~