When can Joan begin to work??

[JoanBill 0]

Aloha kakou,

Simple question - when can Joan begin to work?? I have seen a number of different answers to this and I'm a bit confused.

Mahalo,

Bill and Joan

[sunandmoon 450]

basically, when she has an EAD or her green card. she would file an I-765 for an EAD when she AOS. seems to take about 3 months to receive the EAD. she can apply for her SSN after arriving here. best to do it no later than 2 to 3 weeks before I-94 expires, otherwise will have to wait till she has her EAD or green card.

Edited May 27, 2007 by Roy and Yazi

[dave_ehssa 0]

the working permit will take 2 and half months...then when she recieves her EAD and everything would be ok with her AOS..she needs to take the driving test and get her driver's license...thats d time she can go and search job...maybe 4-5 months. Depends..how early u will apply for her AOS/EAD. Me...im hoping to go back working too! maybe in august when my working permit arrives...

[JoanBill 0]

Mahalo for both of your replies, but to be honest I'm still confused. I think I'm confused because of the terminology being new. I just found out last week (quite unexpectedly) that our case already left for Manila. I really haven't had a chance yet to study what happens after Joan gets her visa and arrives. She was asking me, so I told her I'd ask the question here. Any further help/explaination is appreciated.

Bill

Edited May 29, 2007 by JoanBill

[Sheriff Uling 3]

JoanBill

Please review the "K1 Visa Immigration Stages", which is a simplified and theoretical overview of the five (5) stages involved in the K1 Visa process, according to Sheriff Uling [CLICK HERE]. The "K1 Visa Immigration Stages" will help you explain to your fiancee what's upcoming in the immigration process from a general prospective. The next bit of information below covers the Adjustment of Status (AOS) forms and tips.

Adjustment of Status - Forms and Tips for K1 Visa Recipients

Adjustment of Status Forms:

VJ has the direct link to the USCIS forms [CLICK HERE]

The forms are:

I-485, Application To Register Permanent Residence or Adjust Status (REQUIRED)

I-864, Affidavit of Support (REQUIRED)

G-325A, Biographic Information (REQUIRED)

I-765, Application for Employment Authorization (OPTIONAL)

I-131, Application for Travel Document (OPTIONAL)

NOTE - The optional forms I-765 and I-131 are not required for the AOS submission. Since most AOS applications are being approved within 2 - 5 months, it may or may not be worth applying for the I-765 and/or the I-131. However, the happy newlyweds will have to decide whether applying form the I-765 and/or I-131 is worth applying for based upon their own situations and needs. Once the AOS is approved, the beneficiary ("Permanant Resident") may work and travel outside of the US. However, if you do not file the I-765 and I-131 and your case is delayed due to an RFE or other reasons, you will have to wait for the AOS to be approved before the beneficiary can LEGALLY work in the US or travel outside the US without being denied re-entry. The forms are pretty straight forward and indicate everyting that you need to supply along with your forms, unlike the visa application forms. Follow VJ's AOS guide [CLICK HERE] and VJ's AOS Tips [CLICK HERE].

Adjustment of Status Tips:

Tip # 1 - Get married within 90 days of arriving into the US

Tip # 2 - Get any required shots that are not available in the beneficiary's country (for example the TD shot is not available in the Philippines but is a required to complete the vaccination report for the AOS process) then have your DS-3025 transferred to the I-693A Supplemental Vaccination Record before 90 days after arriving into the US. NOTE: If you go to your own doctor to receive a vaccination shot. Have the doctor write you a note indicating that you have received the specific vaccination shot and make sure the doctor signs and dates that note. Take the note along with your DS-3025 to the civil surgeon who will transfer the information to the I-693A (the civil surgeons have the form so you don't have to supply it). Remember, you came to the US on a K1 Visa whereas a medical exam was manditory and expires one year from the date of the examination. In other words, do NOT let the civil surgeon talk you into getting another medical exam. If you have a problem, show the civil surgeon the I-485 instructions that state that K1 Visa recipients are NOT required to take another medical exam, except for if it's been a year since the last examination.

Tip # 3 - Apply for a certified marriage license and supply a copy along with the AOS application within 90 days of arriving into the US.

Tip # 4 - Submit your AOS application within 90 days of arriving into the US. (I recommend applying for the AOS before 90 days as stated on the AOS application (I-485) and per the K1 Visa application (DS-156K), but you may file your AOS after 90 days. However, you better be married before 90 days.)

Tip # 5 - Apply for you social security (SS) card 10 -14 days after your arrival and no later than 21 days before the I-94 expires (in other words, do this before 90 days of arriving within the US). If you wait to close to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a social security number). (NOTE: This part is not required to be completed for the AOS submission).

Tip # 6 - State ID or Driver's License. Same as the SS card. The beneficiary can apply 10 - 14 days after arriving to the US, but no later than 21 days before the I-94 expires (in other words, do this within 90 days of arriving into the US). If you wait apply cose to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a State ID or Driver's License. (NOTE: This part is not required to be completed for the AOS submission).

Hope this helps...

Sheriff Uling

p.s. - Please review VJ's AOS Guide [CLICK HERE] and VJ's AOS Tips [CLICK HERE]

[Dean iWait 0]

Mahalo for both of your replies, but to be honest I'm still confused. I think I'm confused because of the terminology being new. I just found out last week (quite unexpectedly) that our case already left for Manila. I really haven't had a chance yet to study what happens after Joan gets her visa and arrives. She was asking me, so I told her I'd ask the question here. Any further help/explaination is appreciated.

Bill

After she enters and you two get married you will need to file for Adjustment of Status (AOS) and Employment Authorization Document (EAD). Once she has EAD she can work. The EAD is generally processed faster than AOS so that's why many people file both. EAD let's the beneficiary work while waiting for issuance of green card. Once green card is in hand the EAD is no longer needed to work.

[JoanBill 0]

Mahalo Sheriff and Dean. I will begin doing my reading

Bill