Authorization to work

[danie82 4]

So my husband has entered the US and we are married now.   We are about to apply for his adjustment of status.   Is he authorized to work under the k1 visa now?  Or does he need to apply for a work visa as well?  He is from Canada.  Thanks. 

[Dashinka 24,717]

You should file the I765 with the AOS to get work authorization.  He is not legally allowed to work from a K1 entry unless he gets an Employment Authorization Card (I765).

 

Good Luck!

[Marzena & Stephen 544]

21 minutes ago, danie82 said:

So my husband has entered the US and we are married now.   We are about to apply for his adjustment of status.   Is he authorized to work under the k1 visa now?  Or does he need to apply for a work visa as well?  He is from Canada.  Thanks. 

As per above apply for the work permit. It will take about 3 to 4 months if everything goes well from my understanding..

[Becci391 340]

He needs to apply for a work permit.

As of right now it takes around 4 months to get the permit in the mail.

He is NOT ALLOWED to work without this permit.

[Unidentified 2,930]

Also remember that he is not allowed to travel outside of the country without a Green Card unless you file for I-131 (Application For Travel Document also known as Advance Parole). If he travels outside of the US before he has the Advance Parole or Green Card you are going to have to start over with a spousal visa. He doesn't have to have the Advance Parole but it can be good to have even if he is not planning on travelling while waiting for Green Card. Emergencies back in the home country can happen unexpectedly. 

Edited December 16, 2017 by Unidentified

[Peot 161]

You can speed up the EAD process if you have a valid job offer in some cases. 

 

I'm in the same boat - married Canadian and sitting here waiting for the EAD approval. 

[Unlockable 7,315]

1 hour ago, Peot said:

You can speed up the EAD process if you have a valid job offer in some cases. 

 

Just a small correction for clarification purposes.

 

You don't "speed up" the process. You can request an expedite of the approval based on potential lost wages or financial burden. Even then, the request for expedite is not guaranteed to be approved.

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "working and traveling"*~*~*

[Peot 161]

On 12/16/2017 at 9:04 PM, NuestraUnion said:

Just a small correction for clarification purposes.

 

You don't "speed up" the process. You can request an expedite of the approval based on potential lost wages or financial burden. Even then, the request for expedite is not guaranteed to be approved.

 Definition of expedite:
"make (an action or process) happen sooner or be accomplished more quickly."

Sounds like "speed up" to me, unless you really want to grasp straws.

 

There are also many other reasons why an expedite request may be considered by the USCIS, but a job offer certainly helps, and almost everyone who applies for K1 can claim "severe financial loss" due to the process itself. I don't see many denials of the expedite request if done properly for K1 applicants.

[Unidentified 2,930]

5 minutes ago, Peot said:

 Definition of expedite:
"make (an action or process) happen sooner or be accomplished more quickly."

Sounds like "speed up" to me, unless you really want to grasp straws.

 

There are also many other reasons why an expedite request may be considered by the USCIS, but a job offer certainly helps, and almost everyone who applies for K1 can claim "severe financial loss" due to the process itself. I don't see many denials of the expedite request if done properly for K1 applicants.

You could then argue that maybe people should have thought about that before the filed for the K1...

[Peot 161]

Just now, Unidentified said:

You could then argue that maybe people should have thought about that before the filed for the K1...

You certainly could. However, it doesn't make the financial burden any less prominent whether they force it upon you or not. Many other EAD cases don't have the same denial of income stipulation and that said, I firmly believe that anyone in the K1 process is eligible for EAD expedition, along with any visa that removes your ability to work while processing.

[Unlockable 7,315]

39 minutes ago, Peot said:

 Definition of expedite:
"make (an action or process) happen sooner or be accomplished more quickly."

Sounds like "speed up" to me, unless you really want to grasp straws.

 

There are also many other reasons why an expedite request may be considered by the USCIS, but a job offer certainly helps, and almost everyone who applies for K1 can claim "severe financial loss" due to the process itself. I don't see many denials of the expedite request if done properly for K1 applicants.

Like I said, it only gives you a reason to apply for an expedite. It doesn’t automatically speed up the process. And with an expedite, the burden to provide evidence an expedite is needed lies with the applicant. And we have seen people who’ve asked for expedite and it not be approved.

 

just don’t want people to think that if they get a job offer or bills are behind that they just have to pick up a phone and immigration will automatically move their case to the front of the line.

[Peot 161]

1 minute ago, NuestraUnion said:

Like I said, it only gives you a reason to apply for an expedite. It doesn’t automatically speed up the process. And with an expedite, the burden to provide evidence an expedite is needed lies with the applicant. And we have seen people who’ve asked for expedite and it not be approved.

 

just don’t want people to think that if they get a job offer or bills are behind that they just have to pick up a phone and immigration will automatically move their case to the front of the line.

I totally get where you're coming from and also don't want people to assume it's a "for sure" thing. Point is though that for a trip to your congressman and some paperwork, there's ZERO risk in at least trying for it.