When Can The Beneficiary Work and Travel?

[Pitchman 8]

Just apply for AOS once he arrives and then travel in the USA only until you have the green card. You spent all this time getting a visa to come to America so might as well explore OUR country before you shuttle off to another or back to the origin country. It should be no problem to wait 9 to 10 months for GC given what Ive mentioned.

Edited September 1, 2016 by Metaler

[Andrea&Henry 311]

former K1 visa beneficiary here!

The k1 visa just allows you to enter once legally with the intention to marry the US citizen who sponsored you and stay. Once you enter, the k1 visa is over.

The fact I entered here legally doesn't mean I was allow to work or travel abroad right away...See, until you get married and apply for Aos you are pretty much in a legal limbo.

Once you get married within 90 days, you fullfill one of the many steps to get you greencard. Actually, in a few states, you cannot get a SSN until you get your employment authorization or green card, base on, a spouse of an USC is not a legal status until you get your permanent residence.

The employement authorization is a legal document that will allow your future husband to work only. I work in a HR department of a big company and we dont make any distinctions between an employee under EAD or a citizen. The only thing we made sure is that once the EAD is expired, the employee needs to prove a new EAD or GC. Only federal jobs are only for US citizens but besides that, your hubby will be able to work pretty much everywhere once he has his ead or gc.

The advanced paroles is a legal document that will allow him to travel abroad while his GC gets here. If you decide to apply for both, it will come on the same card as the EAD. Usually, you need to pay like $300 to get it but because you are applying for the Green card as well, the fee is waive.

The pros about the EAD/AP combo card is that once you apply for both, you will get it significantly faster than the greencard. Usually takes 60 days...He will be able to work and travel oversees, get a SSN and driver's license.

The cons is that only last like a year so if your GC takes longer than that which is not necessarily unusual, you will need to reapply or just wait for the GC. Also, every document you got using this combo card, will have the same expiration date...so once he gets the GC, he must renew all his documents. Other cons of the advanced parole or travel permit, is that, if he try to reentry the country, he will need to go to the immigration room again to be processed, just like the 1st time he entered with his k1 visa.

In my case, I was very happy that I made the decision to apply for both because me GC took 9 months to be ready!! I cant imagine not being able to drive, work or travel for that long.

Remember that the adjustment of status or form I485 is solely for the GC...you must submit the forms for EAD and Advanced Parole on the same package to get them.

As other people warned you, the K1 visa is just ONE ENTRY VISA....if you guys get married and you travel overseas without adjusting...he wont be able to comeback unless you file for entire new visa, by the way, it wouldn't be for a k1 visa because that's only for fiance....if you guys get married, you will need to file for CR1 VISA (spouse) and that takes even longer than the k1 visa (7month to 12 months).

I know is kind of awkward not being able to work, travel or drive the 1st 3-4 months, but he is starting literally from zero in another country...so just being patient.

My biggest advice would be marry as soon as you can once he arrive and apply for aos as soon as possible

[junaidjackie2016 10]

Just apply for AOS once he arrives and then travel in the USA only until you have the green card. You spent all this time getting a visa to come to America so might as well explore OUR country before you shuttle off to another or back to the origin country. It should be no problem to wait 9 to 10 months for GC given what Ive mentioned.

Thanks Metaler...just thinking about when we can see his family to have the wedding.

[Limey 551]

I know is kind of awkward not being able to work, travel or drive the 1st 3-4 months, but he is starting literally from zero in another country...so just being patient.

Driving shouldn't be a problem, but I guess it depends on your situation and your state.

Generally you'll be able to drive on your own license from home country for 60 days.

In my case (North Carolina) since I was legal to drive for those 60 days on my British license it seemed good to take my US test during that time (as I could legally drive to and from test center, was insured etc). The test was very easy by British standards. Now the catch in North Carolina (and some other states) is that the license is only issued up to the date of your legal residence. So in my case it was 90 days after my arrival on K1. Once I had my AP and EAD I was able to renew my license for 1 year. So there was a brief period of a week or so where my license expired (so I couldn't drive) and before I could renew it (AP and EAD had not arrived). Later I got my 2 year greencard and was able to extend my license again. Once I get NOA1 for removal of conditions (ie 10 year greencard) i can get a full 8 year license.

So you don't have to wait until you have AP/EAD to start driving... its easier to at least pass your test during the first 60 days. After than you only need to renew the license even if it expires - not take a new test.