Work authorization question

[aleful 1,905]

hi

that's the downside of the K1 visa, the fiancé cannot work immediately. She can't work until she gets her EAD, there are lots of threads and examples explaining this

Edited May 18, 2016 by aleful

[chillin4me 15]

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 cannot work with only SSN. She needs a Employment Authorization Document of green card to work. You need to get married first then file for Adjustment of Status to obtain the green card, you can apply the Employment Authorization Document and Advance Parole with it for just one fee.

[Unlockable 7,315]

Unfortunately overall costs of visas are often underestimated. I have seen a member on VJ go 2 years before they are able to afford the AOS fee.

Best advice is to do it as soon as possible and beg and borrow if you can. I will help in the long run.

[gpiper 77]

Yes it might prove to be a wise investment as the earlier you file your AOS package, the earlier you are "likely" to receive the EAD which will allow your wife to work whilst the rest of the application runs its course and your wife receives her 2 year conditional GC. then you start the whole process to remove conditions approximately 1 year and 9 months down the line!

It's a fun waiting game don't you think!

O's you are looking at least $1070 cost and gets without a lawyer (which you shouldn't need) and not factoring in any complications with medical documents as done k1 couples have unfortunately needed to do one again, that can city anywhere from $300-$500.

So yes the costs just pile up but I'm sure it's worth it in the end!

Edited May 18, 2016 by gpiper

[KayDeeCee 4,896]

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.

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so the fees will be the same whether you file it concurrently or after the I-485. The EAD/AP combo card you will receive will be valid for a year and is renewable(if needed), also for free. That is filing as an adjustment applicant, category (c )(9 ).

If you file before filing for AOS(the I-485), then the category would be that of a K-1 entrant, (a )(6 ), and that EAD will expire when the K-1 entrant's I-94 does. It is not renewable, and it costs $380. The I-94 is valid for 90 days after entry, and it takes 60-90+ days to receive an EAD, so it would be a pointless waste of money to file under this category.

The purpose of the EAD and AP are to allow the adjustment applicant to work and travel abroad and re-enter while waiting for their AOS to be processed. Once the AOS is approved and you are a permanent resident with a green card, the EAD and AP are no longer valid or needed. Being a permanent resident allows you to work and travel.