Work authorization question

[SilverDragon72 3]

Hello...

My fiance arrived in the US almost 2 weeks ago on a K-1 visa, along with her daughter. We plan on getting married within 2 months from now. She applied for a Social Security Card last

week.

So the question I have is this: Can she start applying for jobs when she receives her new SS card? Her name will be changed on the card when we marry, of course. I understand that you have to file

several forms to change status after marriage. Do we have to wait until the AOS package has been submitted, or can she work right away? Or do you need the green card in hand first? Any information

would be appreciated....

Thanks

[Merrytooth 5,748]

She needs a work permit (EAD - Form I-765) to be able to work

Filing I-765 and I-131 is free with I-485 (AOS package).

The EAD takes about 90 days to process.

Edited May 11, 2016 by Merrytooth

[phd1974 17]

Hello...

My fiance arrived in the US almost 2 weeks ago on a K-1 visa, along with her daughter. We plan on getting married within 2 months from now. She applied for a Social Security Card last

week.

So the question I have is this: Can she start applying for jobs when she receives her new SS card? Her name will be changed on the card when we marry, of course. I understand that you have to file

several forms to change status after marriage. Do we have to wait until the AOS package has been submitted, or can she work right away? Or do you need the green card in hand first? Any information

would be appreciated....

Thanks

no, she can not work legally in the US with only a social security card. As the previous poster stated, she will need to apply for an EAD card. The fee for an EAD card is waived when you submit your Adjustment of Status documents at the same time (as well as Advance Parole documents fee waived). If you will not be getitng married for 2 months, then she will not be able to work until about after 4-5 months because it takes 60-90 days to get your EAD card after you file your AOS (and EAD and Advance Parole) papers. (2 months + 60-90 days). You do not need your Green Card first ... only your EAD card (together with your social security card)

Edited May 11, 2016 by phd1974

[lntdenver 42]

As "several forms to change status after marriage", you should be referring to the AOS process (I-485), which can be concurrently filed with EAD (I-765).

But to answer your question, she can apply for jobs, but cannot start working until she has the EAD and social security matching the name.

If she has a job offer in hands, it might help expedite the EAD, but it is not guaranteed.

One idea of schedule for her is to use these 2 first months to plan the wedding, and do further research on the AOS process to gather all documents and fill out forms. Then, after the marriage and applying for AOS, use the "waiting time" until EAD approval, to do career search and apply for jobs.

[Rc123rc 528]

Does she need to work right away for some reason like support issues? Otherwise like somebody said, take time to do other things. Make plans and so on. Does she need to take any classes? English ESL?

[SilverDragon72 3]

She needs a work permit (EAD - Form I-765) to be able to work

Filing I-765 and I-131 is free with I-485 (AOS package).

The EAD takes about 90 days to process.

Wow, to file the I-485 Form costs 985 USD, plus another $85 for her daughter....ouch!

Does she need to work right away for some reason like support issues? Otherwise like somebody said, take time to do other things. Make plans and so on. Does she need to take any classes? English ESL?

I was only asking because she really wants to start working. She is enrolled in ESL classes starting at the end of this month.

[KayDeeCee 4,896]

Wow, to file the I-485 Form costs 985 USD, plus another $85 for her daughter....ouch!

No. The K-1 adjuster will pay $1070, which is the $985 filing fee plus the $85 biometrics fee. The K-2 will have their own separate I-485 and fee. That fee will depend on the age of the K-2 child. Look under 'Special Instructions' > https://www.uscis.gov/i-485

[aaron2020 11,651]

Wow, to file the I-485 Form costs 985 USD, plus another $85 for her daughter....ouch!

I was only asking because she really wants to start working. She is enrolled in ESL classes starting at the end of this month.

With the time it takes to get a K-1 and K-2, there should have been plenty of time to plan for the AOS fees. The AOS fees should not come as a surprise.

[SilverDragon72 3]

I'm thinking that it might be a better idea if we file the I-765 EAD form first. I know there is a separate $380 fee for filing this form separately. My thought is...since it will cost $1070 to file I-485 AOS forms and Biometrics for both my

fiance (K-1) and her soon to be 14 year old daughter (K-2) for the cost of $2140. I am aware of the fees involved, and tried to plan for them accordingly...but life happens and I ended up spending this money on something else. =(

So if we get the permission to work, at least she can start working faster and earning an income. After we get married in July, we can then file for AOS at a future date.

Thoughts or suggestions?

[arken 4,197]

I'm thinking that it might be a better idea if we file the I-765 EAD form first. I know there is a separate $380 fee for filing this form separately. My thought is...since it will cost $1070 to file I-485 AOS forms and Biometrics for both my

fiance (K-1) and her soon to be 14 year old daughter (K-2) for the cost of $2140. I am aware of the fees involved, and tried to plan for them accordingly...but life happens and I ended up spending this money on something else. =(

So if we get the permission to work, at least she can start working faster and earning an income. After we get married in July, we can then file for AOS at a future date.

Thoughts or suggestions?

If she applies for EAD now, it will expire in 90 days from her US entry date and it might as well take 2-3 months to get the EAD. So by the time she gets the card, she might have a month or even few weeks left before the card expires. I don't see the value on that.

[SilverDragon72 3]

If she applies for EAD now, it will expire in 90 days from her US entry date and it might as well take 2-3 months to get the EAD. So by the time she gets the card, she might have a month or even few weeks left before the card expires. I don't see the value on that.

EAD is permission to work, so why would it expire? We would apply for it soon after we marry, which is before the 90 days after her arrival in the US. What am I missing here?

[arken 4,197]

EAD is permission to work, so why would it expire? We would apply for it soon after we marry, which is before the 90 days after her arrival in the US. What am I missing here?

You said you wanted to apply for EAD first and then get married later on and then file AOS. My response was based on that.

If your fiance applies for EAD before marriage, It will be valid for 90 days from her entey date. She can't file for EAD only after marrying without filing AOS. EAD filed along with AOS will be typically valid for 1 year.

[SilverDragon72 3]

You said you wanted to apply for EAD first and then get married later on and then file AOS. My response was based on that.

If your fiance applies for EAD before marriage, It will be valid for 90 days from her entey date. She can't file for EAD only after marrying without filing AOS. EAD filed along with AOS will be typically valid for 1 year.

Yes, that's what I asking. I guess that I'm a bit confused about the process of EAD and AOS then. So, if I understand this correctly, if she files for EAD after marriage, it should be done at the same time that you file I-485 Form for

AOS? You cannot file for EAD after marriage then? What happens if you cannot afford to file AOS right away? Thanks....

[arken 4,197]

Yes, that's what I asking. I guess that I'm a bit confused about the process of EAD and AOS then. So, if I understand this correctly, if she files for EAD after marriage, it should be done at the same time that you file I-485 Form for

AOS? You cannot file for EAD after marriage then? What happens if you cannot afford to file AOS right away? Thanks....

Yes, once married, EAD can be filed at the same or after you file for AOS but not before. You have to wait if you can't affort to file AOS now.

[SilverDragon72 3]

Yes, once married, EAD can be filed at the same or after you file for AOS but not before. You have to wait if you can't affort to file AOS now.

Ok then....guess I'll have to get creative with raising some funds for AOS.....

I thought that getting EAD would be easy.... just get married, file the paperwork and pay the fee, and that's it. No expiration date. It

would make more sense and be logical to file all of the forms at the same time, but if one cannot afford it, well...then you simply have

to wait for a longer period of time.