K1 - Work options prior to receiving GC

[Terry A. 0]

Hi,

I am just starting my research into the K1 Visa. I have done some browsing and searches for the answer to my question but have come up empty. So if this has already been asked, please forgive me. At this point nothing has been filed or applied for.

As I understand it, once married and after having filed the appropriate paperwork I would not be able to work until having received my Green Card. My question is this. Is there any legal exception to this and if so, is it advisable?

I ask this as I have run a web based business (web development) here in Canada and I have also freelanced. If I am running either the business or freelancing from the U.S. for clients that are not in the U.S. (say Canadian) and I am not taking a job away from a U.S. Citizen, is this acceptable to the best of your knowledge?

I am just looking at my options as it would obviously be helpful to have a bit of income which would ease the stress on my fiance who has two children, etc.

Any thoughts here would be greatly appreciated.

Terry

Edited November 8, 2015 by Terry A.

[B-2-Z 37]

Hi,

I am just starting my research into the K1 Visa. I have done some browsing and searches for the answer to my question but have come up empty. So if this has already been asked, please forgive me. At this point nothing has been filed or applied for.

As I understand it, once married and after having filed the appropriate paperwork I would not be able to work until having received my Green Card. My question is this. Is there any legal exception to this and if so, is it advisable?

I ask this as I have run a web based business (web development) here in Canada and I have also freelanced. If I am running either the business or freelancing from the U.S. for clients that are not in the U.S. (say Canadian) and I am not taking a job away from a U.S. Citizen, is this acceptable to the best of your knowledge?

I am just looking at my options as it would obviously be helpful to have a bit of income which would ease the stress on my fiance who has two children, etc.

Any thoughts here would be greatly appreciated.

Terry

Within 90 days of entering, you must get married and apply for an adjustment of status. Part of the paperwork that you'd send in has employment & advanced parole options, if you file them at the time time as the adjustment of status they're free to get. They can take an additional 90 days.

Most people that are that stressed out about the spouse not being able to work file for the CR1/IR1 visa, you get your green card in the mail after your entry into the US. I'm not well informed on how long that takes, though, but you can work quicker.

I don't think it matters whether or not you're "taking a job away from a USC" or not, since to work without authorization is illegal. I'm not sure on the self employed part, hopefully someone else can answer that for you.

Edited November 8, 2015 by B-2-Z

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about AOS-associated work options~

[Kastrs 723]

Just a clarification about the cr1 visa. The visa stamp is a 1 year green card upon entry so a beneficiary can legally work straight away. However, you can not get paid until you have a social security number, which if you apply right away comes about 3 weeks after poe.

[Terry A. 0]

I do appreciate the information. I will have to look to see what the differences are between the K1 and the CR1 as I am not a spouse but a fiance so will be fining for a K1. I am not sure but I am guessing that a K1 is not automatically eligible (I could be wrong of course).

Terry

Edited November 8, 2015 by Terry A.

[NickandAngi 8]

I came on a K1. After I got married, I went and got my SSN and the gentleman told me that I was eligible to work but that the permit expires with my K1 visa. When I received my SS Card it clearly states that I am not eligible to work without Department of Homeland Security Authorisation. In any event, I applied for my AOS and EAD. Most EAD's are issued pretty quickly ie. within 3 months, so my thoughts to you would be to have enough saved up to live on in the meantime if you can.

Congratulations and good luck

[aaron2020 11,651]

I came on a K1. After I got married, I went and got my SSN and the gentleman told me that I was eligible to work but that the permit expires with my K1 visa. When I received my SS Card it clearly states that I am not eligible to work without Department of Homeland Security Authorisation. I

The gentleman from SS is wrong. The SS card states that the holder was not eligible to work without DHS authorization. That authorization is not the K-1 visa. The authorization required is an EAD for a K-1 visa holder.

Laws are not perfect. Sometimes they don't make sense because many different Congresses and administrations have muddle the immigration system.

It takes 90 days to get the EAD. The K-1 has 90 days. By the time the EAD arrives, it's good for only until the K-1 expires. There's also a fee. So the EAD is pretty worthless. This is why no one ever bother to do this. This is why most people wait to file for the EAD with the AOS.

[Rebecca Jo 1,962]

There is a pinned thread at the top of this forum that covers this topic nicely. You should check it out.

[Terry A. 0]

Thanks to all for all the great info.

@Rebecca Jo: I will check that thread out for sure.