PERMISSION TO Work on a K1

[Smokey Bear 71]

On the USCIS site it says:

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

So, does that mean I can work if we fill out the 765/485 (if we marry immediately - which we will) ?

 

What does it mean "your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S." - because I take that to mean I can only work for 90 days?

 

Thx

M

 

[Hank_ 9,174]

52 minutes ago, Johnny Yukon said:

On the USCIS site it says:

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

So, does that mean I can work if we fill out the 765/485 (if we marry immediately - which we will) ?

 

What does it mean "your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S." - because I take that to mean I can only work for 90 days?

 

Thx

M

 

 

No you can not work simply by filling out the I-765, you can work once the I-765 application has been approved and you have received the Employment Authorization Document.

 

It is just as stated in the quote you copy/pasted

 

If you file the I-765 separately (there is a fee with this)  its validity will be based upon the I-94 validity (90 days) which means it will expire before you even receive it as it takes longer than 90 days to get this approved.

 

If you file the I-765 with the I-485 it is then free to file (no fee for the I-765) and once approved is valid for one year.   

Edited November 22, 2019 by Hank_

[Smokey Bear 71]

Thanks, that's a bit clearer.

Basically - file the I-765 with the I-485 ASAP.

With an I-94 in hand.

 

The reason I asked was it's not always clear how long one has to wait to be able to apply for work and then be able to work etc...

 

Same as Driving in the US on a K1 - it's as clear as mud - state to state.

 

Edited November 22, 2019 by Johnny Yukon

[SalishSea 18,236]

33 minutes ago, Johnny Yukon said:

Thanks, that's a bit clearer.

Basically - file the I-765 with the I-485 ASAP.

With an I-94 in hand.

 

The reason I asked was it's not always clear how long one has to wait to be able to apply for work and then be able to work etc...

 

Same as Driving in the US on a K1 - it's as clear as mud - state to state.

 

You will not be able to work until you get your EAD, which is taking 5-7 months currently.

 

[Smokey Bear 71]

Roger that.

[Hank_ 9,174]

1 hour ago, Johnny Yukon said:

Thanks, that's a bit clearer.

Basically - file the I-765 with the I-485 ASAP.

With an I-94 in hand.

 

The reason I asked was it's not always clear how long one has to wait to be able to apply for work and then be able to work etc...

 

Same as Driving in the US on a K1 - it's as clear as mud - state to state.

 

 

Ya, tell me about that. My wife had wait until she (at least) her EAD card before they would issue her a learners permit (never drove before) and that expired on the same date as the EAD card.

 

Most states honor a foreign driver's license for a limited time.

[Greenbaum 12,260]

FYI. If I had to do over I would have gone the CR-1 route. So much easier to get the GC and begin work and it allows you to start obtaining a DL. Just my opinion. 

[SalishSea 18,236]

3 hours ago, Greenbaum said:

FYI. If I had to do over I would have gone the CR-1 route. So much easier to get the GC and begin work and it allows you to start obtaining a DL. Just my opinion. 

Same here.

[HRQX 4,145]

12 hours ago, Johnny Yukon said:

So, does that mean I can work if we fill out the 765

Nope. See 8 CFR § 274a.12: https://www.law.cornell.edu/cfr/text/8/274a.12 "Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services ( USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States." "An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service"

[Hank_ 9,174]

8 hours ago, Greenbaum said:

FYI. If I had to do over I would have gone the CR-1 route. So much easier to get the GC and begin work and it allows you to start obtaining a DL. Just my opinion. 

DITTO ~

 

Only I would have completed the DCF

[Pitaya 2,577]

8 hours ago, Hank_ said:

DITTO ~

 

Only I would have completed the DCF

Agree Hank, but you are dating yourself.

 Is DCF still a viable option at many of the US consulates anymore? I thought it was being phased out???

[HRQX 4,145]

24 minutes ago, Pitaya said:

I thought it was being phased out???

Yup. Of the 17 offices currently open only 7 will remain open after August 2020: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

Edited November 23, 2019 by HRQX

[Duke & Marie 1,389]

19 hours ago, Greenbaum said:

FYI. If I had to do over I would have gone the CR-1 route. So much easier to get the GC and begin work and it allows you to start obtaining a DL. Just my opinion. 

CR1 has its downsides too, I miss my hubby terribly and having your marriage scrutinised by some stranger behind a desk, who might say it’s false, just because you don’t have enough paper evidence is a scary thing to live with 😢 

[Hank_ 9,174]

3 hours ago, Pitaya said:

Agree Hank, but you are dating yourself.

 Is DCF still a viable option at many of the US consulates anymore? I thought it was being phased out???

 

Yup ..  DCF is all but smoke now ..     It was still an option the beginning of this year.   USCIS closed their office in Manila

[Ryan H 3,834]

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.