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Filed: K-1 Visa Country: Spain
Timeline
Posted

Hello.

I was wondering, how soon can I fill the form to be able to apply for a job in the states? My fiancé is there and he is working, but I want to work too, as soon as possible so I can earn money for the household!

Thank you!!!

Posted (edited)

You can not work until you have approved EAD. You can apply for it when you enter on K-1 but the processing time is about 90 days just to recieve it, so there's no point of applying when you enter the country. Even if it is approved, since you applied for it while on K-1, it's expiration date would be the same day your I-94 expires.


General rule of thumb is to not expect to work until 90 days AFTER you file for AOS (the next step after marriage). When you file for AOS you should also file for EAD and AP, EAD and AP are usually approved within 90 days of being filed.

Overall:

You CAN apply for EAD while on K-1 if you want, but the average processing time is about 90 days. It will also expire when your I-94 expires which is 90 days after entering the country. There is a good chance that if you do get the EAD it'll expire before you can secure a job.

You SHOULD apply for EAD when you file for AOS. After you get married, your next step is to do your Adjustment of Status, when you do this you'll also file for EAD and AP if you want too. Your EAD and AP should be approved within 90 days of filing your AOS package.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic involves the post-K-1 phase. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: AOS (apr) Country: Australia
Timeline
Posted

You can not work until you have approved EAD. You can apply for it when you enter on K-1 but the processing time is about 90 days just to recieve it, so there's no point of applying when you enter the country. Even if it is approved, since you applied for it while on K-1, it's expiration date would be the same day your I-94 expires.

General rule of thumb is to not expect to work until 90 days AFTER you file for AOS (the next step after marriage). When you file for AOS you should also file for EAD and AP, EAD and AP are usually approved within 90 days of being filed.

Overall:

You CAN apply for EAD while on K-1 if you want, but the average processing time is about 90 days. It will also expire when your I-94 expires which is 90 days after entering the country. There is a good chance that if you do get the EAD it'll expire before you can secure a job.

You SHOULD apply for EAD when you file for AOS. After you get married, your next step is to do your Adjustment of Status, when you do this you'll also file for EAD and AP if you want too. Your EAD and AP should be approved within 90 days of filing your AOS package.

I second this. You need an EAD first before you can apply for jobs. EAD is a temporary work permit that last for a year while you wait for your green card. You can only apply for AOS, EAD & AP AFTER you get married within the 90 days of your i-94 expiration. EAD & AP takes 2-3 months from the day you submit your AOS package. Once you get your EAD you'll have to apply for your SSN which takes about 2 wks to receive OR you can apply for it before your i-94 expires within the 90 days period but better to do it after you get married so you can start using your husband's surname for everything you apply for and you don't need to change it later on. But even then, you'll need to get your EAD first before you can work.

Posted

they are both right. It takes at least 90 days to get the EAD. Don't apply for a job if you do not have a EAD, they will not hire you without proof that you can legally work.

I sent my AOS form in August and I am still waiting on my EAD. It's been over 60 days now...

Our Story

- Met in May 2010

- Engaged Nov. 2011

- Moved to U.S. w/ K-1 visa May 2015

- Got Married Aug. 2015 (L):wub:

 

AOS

Forms Sent : Aug. 24, 2015

Received by office: Aug. 25, 2015

NOA (text/e-mail): Aug. 27, 2015

NOA (mail): Sept. 3, 2015

Biometrics: Sept. 23, 2015

EAD Approval: Oct. 30, 2015

EAD mailed: Nov. 4, 2015

I-797 notice: Nov. 5, 2015

EAD in hand: Nov. 6, 2015

Applied SSN: Nov. 10, 2015

GC approved: Nov. 24, 2015

GC mailed: Nov. 30, 2015

GC received: Dec. 2, 2015 :D

 

ROC

Filed ROC: August 30, 2017

NOA (mail): August 31, 2017

Biometrics: September 29, 2017 

 

*Eligible to file for naturalization (90 days): August 25th, 2018*

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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