Working as teaching assistant during AOS

[tungsten_tip 2]

Hi,

I recently received my K1 visa and will be travelling to the States mid-August. We will marry on the 31 August and immediately file for AOS. Given that the EAD could take up to 3 months to arrive, however, my fiancée and I have been concerned about having to live off her limited funds until I am permitted to work (she is a PhD student, working as a teaching assistant alongside this).

My fiancée came up with an idea today and I have been trying to find out whether it is feasible or not. Her suggestion was that I apply for an MA at her university to begin this fall. The idea being that I would usually be offered a paid teaching assistantship alongside this. Her thinking was that other international students (presumably on a student rather than a work visa) have carried out that job, so why couldn't I (even before receiving my EAD).

Now, from what I can gather, I am allowed to study whenever I like (no permit required). However, I cannot work until I receive my EAD (presumably this will be around early December). The question is, in which camp does this TA position fall? Would I be right in thinking that a teaching assistantship at the university I am enrolled at would still count as paid work, and therefore not permitted until I receive my EAD, or would this be counted as part of my student activities?

I hope I have made myself clear, but please let me know if I need to clarify this. Whilst not an active poster, this forum has been a godsend throughout our application process, and any extra help people are able to offer right now would be enormously appreciated!

[annerobin12 9]

Hi,

I recently received my K1 visa and will be travelling to the States mid-August. We will marry on the 31 August and immediately file for AOS. Given that the EAD could take up to 3 months to arrive, however, my fiancée and I have been concerned about having to live off her limited funds until I am permitted to work (she is a PhD student, working as a teaching assistant alongside this).

My fiancée came up with an idea today and I have been trying to find out whether it is feasible or not. Her suggestion was that I apply for an MA at her university to begin this fall. The idea being that I would usually be offered a paid teaching assistantship alongside this. Her thinking was that other international students (presumably on a student rather than a work visa) have carried out that job, so why couldn't I (even before receiving my EAD).

Now, from what I can gather, I am allowed to study whenever I like (no permit required). However, I cannot work until I receive my EAD (presumably this will be around early December). The question is, in which camp does this TA position fall? Would I be right in thinking that a teaching assistantship at the university I am enrolled at would still count as paid work, and therefore not permitted until I receive my EAD, or would this be counted as part of my student activities?

I hope I have made myself clear, but please let me know if I need to clarify this. Whilst not an active poster, this forum has been a godsend throughout our application process, and any extra help people are able to offer right now would be enormously appreciated!

I think it would be ok for you to work without having your EAD since it would be part of your studies but keep in mind that you will be paying international student tuition so it won't do no good, unless you make enough money to compensate for it (which I doubt).

[stevensane 10]

I can't say with 100% certainty but I believe that any form of paid employment when in the US on a K-1 before EAD would be illegal. I doubt very much that USCIS or DHS would recognize the subtleties you are trying to describe here as meaningful. You have to remember you will be in the US on a K-1 visa, not on a J-1 student visa which allows something like 10 hours of work per week. K-1 allows 0 hours of work per week. The answer to the question "other international students (presumably on a student rather than a work visa) have carried out that job, so why couldn't I?" is that you aren't an international student. You are a K-1 visa holder.
I was told by NYU that I would not even be allowed to enroll on a credit programme until I got my Green Card, so that is another factor to consider.

Edited June 25, 2014 by stevensane

[Nich-Nick 3,354]

If you want to be a TA, then obtain a student visa which allows work at the University. A K1 visa does not.

Tuition for grad school will blow the budget for sure as an international student.

[aaron2020 11,651]

Nick-Nick is correct.

F1 student visa holders are authorizes for limited employment on campus.

K-1 visa holders are not authorized to work.

Being a student does not change a person's visa status.

You can not work until you get your EAD.

Edited June 25, 2014 by aaron2020

[Boiler 46,158]

F1 is a non immigrant visa, getting one having had a K1 in process could be interesting.

[tungsten_tip 2]

You rightly mention that international tuition fees would make any income from a TA position redundant. However, apparently one of the advantages of this TA position is a 100% tuition fee waiver (also, during AOS would I even be considered an international student, or just 'out of state'?). So there is still the possibility of it being financially worthwhile.

The more important question, I suppose, is the legality.

Some of you have said that a K1 visa entitles you to 0 hours of work, whereas a student visa would allow a limited number of on campus hours. I suppose this makes sense. One thing I have come across, though, is the suggestion that your TA wages whilst a student might not technically be considered employment but rather a form of student financial support (which, I understand, is allowed). Something on this thread (http://www.visajourney.com/forums/topic/394181-f-1-aos-rfe-for-on-campus-employment/) suggests that your 'income' as a TA is more like a kind of financial excess after the tuition fee waiver.

Sounds far-fetched, I know, but any thoughts?

[Boiler 46,158]

If you decide to switch to a F1 you will still need EAD to work. F1's take less time than K1's but with your immigrant intent raises other issues.

[tungsten_tip 2]

If you decide to switch to a F1 you will still need EAD to work. F1's take less time than K1's but with your immigrant intent raises other issues.

The thing is that I already have my K1 visa in hand. Having spent a small fortune on filing fees and waited over 6 months to receive it, I wouldn't want to just abandon it. There would also be the small issue of having to cancel the already-planned wedding for August! So no, I fully intend on keeping my K1 visa and entering on that.

Work queries aside, am I correct in thinking that I could immediately study on my K1 visa without any permit or change in visa type? Or is it not this simple?

[belinda63 3,047]

Boiler psssst he already has the K-1 visa and will be here in August.

A K-1 visa will not permit you to enroll in school. I doubt you will be permitted to enroll until you have your green card. Best to check on this prior to trying to make any plans. Also while you are doing that see what the school's requirements are for in-state tuition. Having a green card and living somewhere does not always qualify you. Some states you must be a resident there for six months or a year to obtain in-state tuition.

[stevensane 10]

The thing is that I already have my K1 visa in hand. Having spent a small fortune on filing fees and waited over 6 months to receive it, I wouldn't want to just abandon it. There would also be the small issue of having to cancel the already-planned wedding for August! So no, I fully intend on keeping my K1 visa and entering on that.

Work queries aside, am I correct in thinking that I could immediately study on my K1 visa without any permit or change in visa type? Or is it not this simple?

For most universities it isn't that simple. They don't allow 'green card pending' applicants to enroll. You have to have your green card in hand before you can study for a credit course. Nothing to stop you studying non-credit courses though, although it sounds like you wouldn't be interested in that. Sorry to be the bearer of bad news.

[Boiler 46,158]

What about all the Students here at College who have no status?

Certainly an issue if you are looking at funding, I assume that Colleges will not provide work without going through the usual Employment procedures.

[marriott574 13]

The thing is that I already have my K1 visa in hand. Having spent a small fortune on filing fees and waited over 6 months to receive it, I wouldn't want to just abandon it. There would also be the small issue of having to cancel the already-planned wedding for August! So no, I fully intend on keeping my K1 visa and entering on that.

Work queries aside, am I correct in thinking that I could immediately study on my K1 visa without any permit or change in visa type? Or is it not this simple?

Ok I got my K1 in may 2013 Married June 2013 filed AOS July 2013, reciept of AOS is enough to enroll in school (IN NC) and be considered instate if your spouse is in state as a spouse can use either there or their partners residency for tutition fee purposes. However you can not work until you get your EAD card. You are not even suppose to volunteer without an EAD card. I am afraid it is simply a waiting game.

Alternativly you could ask your current english employeer for the ability to telecummet.

[tungsten_tip 2]

Ok I got my K1 in may 2013 Married June 2013 filed AOS July 2013, reciept of AOS is enough to enroll in school (IN NC) and be considered instate if your spouse is in state as a spouse can use either there or their partners residency for tutition fee purposes. However you can not work until you get your EAD card. You are not even suppose to volunteer without an EAD card. I am afraid it is simply a waiting game.

Alternativly you could ask your current english employeer for the ability to telecummet.

OK, that's interesting. So enrolling at a university might not be completely out of the question. The impression I get is that it's up to the university themselves rather than anything written in law.

It sounds, though, like the working might be more of an issue. Regarding working for a foreign employer: is that totally fine without an EAD? Is it only work based in the US that's not permitted?

[Harpa Timsah 13,258]

Apply now for a program in the fall? No, the time to apply for that was last year.

I think you missed the boat for that, this year, and your visa has nothing to do with it.