When Can The Beneficiary Work and Travel?

[junaidjackie2016 10]

Hello Everyone,

Hope you're doing well today! I am confused! My fiance will be coming on a K1-Visa. Once he arrives to the US, when is he allowed to start working? And when will he be allowed to travel outside of the US?

I heard that while on the visa, (90 days), he can do both...he can travel outside of the US and work. But then once the visa has expired, he can no longer work until he receives his Social Security number. I know of a woman who came on a fiance visa, married, and then was here about 9 months until she could start work. So, I'm really confused. Can someone direct me to where this information is on the USCIS or VisaJourney website?

And/or any experiences you can share with me about this issue, I would really appreciate it. Thank you!

Sincerely,

Jackie

Edited August 31, 2016 by junaidjackie2016

[Georgia16 2,858]

When you send in AOS papers you include EAD and AP .... Those take around 90 days to get when he has those he can work and travel.

[JFH 12,190]

Upon arrival he has 90 days to get married to you. Once married he can apply for an EAD (permission to work) and AP (advance parole - permission to travel overseas and return) as part of the adjustment of status to permanent resident procedure. These take 90 days or so to be approved. So, he cannot work or travel for 90 days plus however long he has between arrival and marriage.

The K-1 visa is a single-use visa. He can only enter the country with it once. If he leaves before adjusting his status he has to apply for a whole new visa again. He can't come back and forth. He cannot work without an EAD.

People arriving on spousal visas can work immediately as they are green card holders immediately upon their arrival into the country.

Edited August 31, 2016 by JFH

[junaidjackie2016 10]

Thank you so much...I wonder why it took my friend 9 months to get her EAD!

[Georgia16 2,858]

Thank you so much...I wonder why it took my friend 9 months to get her EAD!

Maybe they didn't apply right after marriage ...

[Scandi 4,166]

Thank you so much...I wonder why it took my friend 9 months to get her EAD!

Are you sure that was the EAD and not the greencard?

[junaidjackie2016 10]

Thank you again!!!

So you get the EOD first, and then the Green Card? So, when you're applying for AOS, are you applying to get the Green Card? And you are right...maybe it was the Green Card? But why would she have problems working before then? I'll have to ask her.

[Georgia16 2,858]

Thank you again!!!

So you get the EOD first, and then the Green Card? So, when you're applying for AOS, are you applying to get the Green Card? And you are right...maybe it was the Green Card? But why would she have problems working before then? I'll have to ask her.

Maybe she didn't apply for the EAD and therefore couldn't work until the GC came.

AOS is for GC .... EAD(Work permit) and AP(Traval permit) is free when applied for along with the AOS. total $1,070

EAD and AP usefully comes first and after that then GC...

[junaidjackie2016 10]

Oh these acronyms! Loool What is GC please?

[Georgia16 2,858]

Oh these acronyms! Loool What is GC please?

Green Card

[junaidjackie2016 10]

Duh! I'm slow today lool. Thank you!

[junaidjackie2016 10]

I can imagine that it's difficult to find a job while you're still applying for a GC. Most companies probably aren't interested in hiring people who just have an EAD.

What is the beneficiary's status called when they don't yet have a GC. When they have a GC, they're called a Green Card Holder. But, what are they called before this?

I don't know how to respond directly to someone's comment...

[Pitaya 2,577]

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

~Inquiry about that phase of process~

[LionessDeon 2,060]

The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.

Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen".

[junaidjackie2016 10]

The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.

Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen".

Oh my goodness you have just answered so many of my questions. Thank you SO MUCH!!!!