Rules on staying in the states after approval of K1

[kanderson101 131]

Does anyone know if there are rules regarding how long a fiance must stay in the US after approval of the K1? Once my fiance arrives, can he leave to visit his family again? Also, I'm unclear on the rules regarding how long it will take to be able to gain approval to work. Can my fiance start looking for employment upon arrival in the US or must he wait for AOS approval? 

 

Thanks in advance!

[RJandHamid 1,133]

He must have work authorization (EAD) in order to work and Advanced Parole (AP) in order to leave and return to the US. Both of these can be filed along with the green card (AOS) petition. EAD/AP is currently taking anywhere from 90-120 days to be processed. 

[Ashley Scott 180]

8 minutes ago, kanderson101 said:

Does anyone know if there are rules regarding how long a fiance must stay in the US after approval of the K1? Once my fiance arrives, can he leave to visit his family again? Also, I'm unclear on the rules regarding how long it will take to be able to gain approval to work. Can my fiance start looking for employment upon arrival in the US or must he wait for AOS approval? 

 

Thanks in advance!

Once you two get married you will be able to apply for adjustment of status, EAD, and AP.  Your new husband will not be able to leave the country until either 1) he receives his advance parole or 2) receives his green card.  He also will not be able to work until he 1) received his EAD or 2) receives his green card.  So depending on how quickly you all get married and file for AOS, you will be looking at 3-9 months before he can work or travel. 

 

Hope this helps!

Edited November 27, 2017 by Ashley Scott

[geowrian 22,337]

Upon entry on a K-1 visa, he will be granted 90 days of legal status. Once you marry within that 90 day period, he can file for AOS (granting authorized stay while the case is processing).

 

When he files for AOS, he should also concurrently apply for an EAD to work and AP to travel abroad and return to the US. ETA: ~4 months from filing.

 

He can apply for jobs prior to receiving the EAD, but he cannot start any work until he has the EAD (and an SSN, but you can get that with just the K-1 status).

[kanderson101 131]

Very helpful, thanks everyone! 

[JenC22 3]

So we are saying that it is taking 4 months from the date of marriage until you can work at all?? There is no bridging visa to allow you to work during that time? 

[gob332 420]

10 minutes ago, JenC22 said:

So we are saying that it is taking 4 months from the date of marriage until you can work at all?? There is no bridging visa to allow you to work during that time? 

the EAD is the bridge that allows you to work until the AOS is process and the spouse receives their green card.

 

And it is 3-4 months from the date you file for AOS not the date of marriage. We filed for AOS about a month after our marriage. It takes time to collect necessary documents, fill out paperwork, etc.

Edited November 28, 2017 by gob332

[geowrian 22,337]

42 minutes ago, JenC22 said:

So we are saying that it is taking 4 months from the date of marriage until you can work at all?? There is no bridging visa to allow you to work during that time? 

Four months from the date of applying for AOS + EAD (+ AP), which would be after the marriage.

There's nothing sooner on a K-1 visa. That's one of the drawbacks of a K-1 (fiance, non-immigrant visa) versus a CR-1 (spouse, immigrant) visa.

Edited November 28, 2017 by geowrian