Working prior to getting permanent residence card

[Gtsnapper 0]

Hi Guys,

I need your input with this, which I am trying to clarify.

I applied for a K3 visa, I had the case approved and I am now in the US as a temporary resident. I am now filing I-751 form to remove the conditions on residence (I believe this is AOS) I already asked for a SSN, and the card will be here shortly.

On entry the Immigration Officer gave me some 'Welcome to the United States' information, and where to obtain a guide on the internet, which contains everything, except what I do about working.

I had a good read through all the information on the USCIS and Homeland Security web-sites, which tell me I will be authorized to work with my AOS. I called their Visa information helpline today, and ask them about the EAD (I keep reading about here), and was told I don’t need one to work, as the Permanent residence card I will get authorizes me to work.

I really would appreciate your comments. Many Thanks!

GT.

Edited March 13, 2007 by Gtsnapper

[john_and_marlene 162]

To adjust status from K3 you will need to file I-485, not I-751.

Lifting of conditions using I-751 is required if you are married less than 2 years when I-485 application is approved. If you were married less than 2 years, then your permanent resident status is conditional for 2 years. The I-751 is used at the end of the conditional 2 years to remove the conditions.

[Gtsnapper 0]

To adjust status from K3 you will need to file I-485, not I-751.

Lifting of conditions using I-751 is required if you are married less than 2 years when I-485 application is approved. If you were married less than 2 years, then your permanent resident status is conditional for 2 years. The I-751 is used at the end of the conditional 2 years to remove the conditions.

The immigration Officer when I entered the US, who took my finger prints, signature, and completed the nessesary fomrs, ect, gave me a form which he signed, I had to sign, and my partner as beneficary had to sign, saying I must file I-751 whithin 90 days inorder to remove the conditions from my residence status.

I haven't been asked to complete I-485.

Edited March 13, 2007 by Gtsnapper

[rebeccajo 14]

Nobody will ask you to do anything. It's up to you to know what to do next.

If you entered on K3, and not CR1, the form I485 is your next step to Conditional Residency.

You will also need to file form I765 in order to obtain work authorization until the I485 is approved. As a K3 beneficiary, you may file this form in advance of filing your I485, if you so choose.

[raymaga 25]

If you entered the U.S. with a K-3 visa, you will now have to apply for AOS (using Form I-485). When approved, you will receive your Conditional Permanent Resident Card (Green Card). Then, 90 days before the GC expires, you will apply for Removal of Conditions (using Form I-751).

You first have to have a GC, then you apply to have the conditions removed. You cannot apply to have conditions removed before you have a GC.

You were given wrong information at the border (which is NOT that uncommon).

And, to answer your question about working..... once you have your GC, you will be authorized to work. If you want to work before your GC is approved, you will have to apply for EAD (using Form I-765).

Hope this answers all your questions.

[Gtsnapper 0]

Can we get this thread back on track. I am not trying to apply for conditionally residency, I am a conditional resident now!!! I have a form right here infront of me telling me how to remove those conditions. That is not what I am asking.

I am asking about authorisation to work.

Edited March 13, 2007 by Gtsnapper

[john_and_marlene 162]

To adjust status from K3 you will need to file I-485, not I-751.

Lifting of conditions using I-751 is required if you are married less than 2 years when I-485 application is approved. If you were married less than 2 years, then your permanent resident status is conditional for 2 years. The I-751 is used at the end of the conditional 2 years to remove the conditions.

The immigration Officer when I entered the US, who took my finger prints, signature, and completed the nessesary fomrs, ect, gave me a form which he signed, I had to sign, and my partner as beneficary had to sign, saying I must file I-751 whithin 90 days inorder to remove the conditions from my residence status.

I haven't been asked to complete I-485.

Could you scan that form and attach it to a post?

[raymaga 25]

Do you have your Green Card? If so, when does it expire? (the expiry date is on the card)

[Gtsnapper 0]

Do you have your Green Card? If so, when does it expire? (the expiry date is on the card)

I am a conditional resident.

[john_and_marlene 162]

Maybe the confusion is that your timeline indicates K3, but only shows you applying for the CR1 visa. If you came on a CR1 visa, you do have conditional residence. In that case, you will have to file to lift conditions within 90 days of the expiration of your conditional permanent resident card--not 90 days after entry.

[Gtsnapper 0]

Could you scan that form and attach it to a post?

Unfortunetly I dont have a scanner.

[john_and_marlene 162]

We aren't trying to be difficult here. The information, as presented by you, has inconsistencies with the requirements of a CR1 visa and a K3 visa.

[raymaga 25]

What is the expiry date on your Green Card (Conditional Permanent Resident card)?

Edited March 13, 2007 by raymaga

[Gtsnapper 0]

Maybe the confusion is that your timeline indicates K3, but only shows you applying for the CR1 visa. If you came on a CR1 visa, you do have conditional residence. In that case, you will have to file to lift conditions within 90 days of the expiration of your conditional permanent resident card--not 90 days after entry.

I think you're right about it being a CR1, we had initially applied for the K3, so I'll change that over in my profile.

[john_and_marlene 162]

Do you have your Green Card? If so, when does it expire? (the expiry date is on the card)

I am a conditional resident.

If you are truly a conditional resident, then you have a permanent resident card and it has an expiration date.

Maybe the confusion is that your timeline indicates K3, but only shows you applying for the CR1 visa. If you came on a CR1 visa, you do have conditional residence. In that case, you will have to file to lift conditions within 90 days of the expiration of your conditional permanent resident card--not 90 days after entry.

I think you're right about it being a CR1, we had initially applied for the K3, so I'll change that over in my profile.

Was does the actual visa have on it? CR1 or K3??? When did you arrive in the US on that visa?