Arriving on k1 When can I start working?

[Canadian93 9]

Hi!
 

my fiancé and I we’re about to apply for a k1 visa when we realized that I wouldn’t be able to work for a certain amount of time until I receive a  work permit or EAD. Please correct me if I am wrong. I have been researching this for weeks and have not got a definitive answer. Am I not legally allowed to work until I receive a work permit? I have read that there are times when you do not receive a work permit within 90 days of applying for it and then there’s not even a point in receiving it as I’m not able to use it after 90 days. So my question is say I arrive on a k1 visa and we get married immediately and apply for an AOS when am I allowed to work? And what’s the timeline from the day I apply? I understand this depends but on average? My understanding is this may take 2-3 months. Because of this we are considering getting married abroad and applying for a K3 instead. How soon can I start working once I arrive on a K3 visa? I have read and heard very different experiences on this. Some people say they applied for SSN number and were able to start working immediately while others where waiting for months and months waiting for a green card or work permit and were idol the whole time. This is the biggest deciding factor for me- which is when can I start working on both visas? I would truly appreciate any experience or knowledge with this.

thanks in advance

[designguy 1,179]

8 minutes ago, Canadian93 said:

Hi!
 

my fiancé and I we’re about to apply for a k1 visa when we realized that I wouldn’t be able to work for a certain amount of time until I receive a  work permit or EAD. Please correct me if I am wrong. I have been researching this for weeks and have not got a definitive answer. Am I not legally allowed to work until I receive a work permit? I have read that there are times when you do not receive a work permit within 90 days of applying for it and then there’s not even a point in receiving it as I’m not able to use it after 90 days. So my question is say I arrive on a k1 visa and we get married immediately and apply for an AOS when am I allowed to work? And what’s the timeline from the day I apply? I understand this depends but on average? My understanding is this may take 2-3 months. Because of this we are considering getting married abroad and applying for a K3 instead. How soon can I start working once I arrive on a K3 visa? I have read and heard very different experiences on this. Some people say they applied for SSN number and were able to start working immediately while others where waiting for months and months waiting for a green card or work permit and were idol the whole time. This is the biggest deciding factor for me- which is when can I start working on both visas? I would truly appreciate any experience or knowledge with this.

thanks in advance

K3 is dead you wont get one. If you get married CR1 is your only route.

 

EAD takes about 6 months to process depending on your work authorization

[B&C2017 123]

12 minutes ago, Canadian93 said:

Hi!
 

my fiancé and I we’re about to apply for a k1 visa when we realized that I wouldn’t be able to work for a certain amount of time until I receive a  work permit or EAD. Please correct me if I am wrong. I have been researching this for weeks and have not got a definitive answer. Am I not legally allowed to work until I receive a work permit? I have read that there are times when you do not receive a work permit within 90 days of applying for it and then there’s not even a point in receiving it as I’m not able to use it after 90 days. So my question is say I arrive on a k1 visa and we get married immediately and apply for an AOS when am I allowed to work? And what’s the timeline from the day I apply? I understand this depends but on average? My understanding is this may take 2-3 months. Because of this we are considering getting married abroad and applying for a K3 instead. How soon can I start working once I arrive on a K3 visa? I have read and heard very different experiences on this. Some people say they applied for SSN number and were able to start working immediately while others where waiting for months and months waiting for a green card or work permit and were idol the whole time. This is the biggest deciding factor for me- which is when can I start working on both visas? I would truly appreciate any experience or knowledge with this.

thanks in advance

K3 is dead as designguy already mentioned. But even with K3, you would have to AoS after arrival and wouldn't be able to work right away - you'd have to wait on a EAD as well.

 

CR1 is the only route when married. And also the only route of fiancée / Spouse visa that immediately allows you to work and travel outside of the US.

 

When you enter with a K1, you then get married, apply for AoS together with AP (for travel, as you won't be able to leave the US without AP either - or at least won't get back in once you leave) and EAD. Processing for EAD is around 6 months. So when entering on a K1, expect to not be able to work for at least 6 months after filing the AOS, AP, EAD. 

[Unlockable 7,314]

47 minutes ago, Canadian93 said:

Hi!
 

my fiancé and I we’re about to apply for a k1 visa when we realized that I wouldn’t be able to work for a certain amount of time until I receive a  work permit or EAD. Please correct me if I am wrong. I have been researching this for weeks and have not got a definitive answer. Am I not legally allowed to work until I receive a work permit? I have read that there are times when you do not receive a work permit within 90 days of applying for it and then there’s not even a point in receiving it as I’m not able to use it after 90 days. So my question is say I arrive on a k1 visa and we get married immediately and apply for an AOS when am I allowed to work? And what’s the timeline from the day I apply? I understand this depends but on average? My understanding is this may take 2-3 months. Because of this we are considering getting married abroad and applying for a K3 instead. How soon can I start working once I arrive on a K3 visa? I have read and heard very different experiences on this. Some people say they applied for SSN number and were able to start working immediately while others where waiting for months and months waiting for a green card or work permit and were idol the whole time. This is the biggest deciding factor for me- which is when can I start working on both visas? I would truly appreciate any experience or knowledge with this.

thanks in advance

You are correct, you can NOT work until you have the work permit which takes 4 - 6 months. So you will be sitting at home waiting for months to work after you arrive. Not only that, you can't leave the US (if you get home sick) either until you get travel authorization. And that is taking 4 - 6 months also. And this is why many agree that the K1 sucks big time.

 

If you really think about, for some that want to work right away, the spousal visa is a better option. People get so sold on the K1 being faster (and it is only faster by a few months) that they overlook the huge disadvantages of it. If you are coming from a Visa-free country like Canada, a K1 may not make sense. Because if you do the spousal visa, you can get married in either country, then file the spousal visa, and, yes, you have to wait several months before you get the visa, however, you are still free to come to the US for visits during that time. You can't do that with the K1. Once you enter on a K1 you have to stay here until you marry, adjust status, and file and receive work and travel authorization. Plus, the adjustment of status from a K1 cost $1200. You don't have to adjust status on a spousal visa so it is less money.

 

P.S. The others are correct, the K3 is dead. No point in even considering it.

 

 

Quote

Some people say they applied for SSN number and were able to start working immediately

 P.P.S An SSN is NOT authorization of work! Those who say they were able to work upon receiving a SSN either became a permanent resident upon entry (like the spousal visa) or has a complete misunderstanding on what the SSN is. A SSN does not give an immigrant authorization to work. 

https://www.nolo.com/legal-encyclopedia/applying-for-a-work-permit-you-can-get-social-security-number-at-same-time.html

Edited January 30, 2020 by Unlockable

[debbiedoo 2,339]

no, you will not be able to work until your have an EAD or greencard. As others have said, that can take anywhere from 6-12 months. sometimes a bit quicker, but i wouldnt count on it.

 

this is why the petitioner has to meet income requirements (which i feel are way too low, but thats not the topic here), so that they can SUPPORT their partner during this time.

 

a cr1 is the better option is working fairly immediately (generally within a few weeks) is important to you. the additional time it takes is fairly minimal at this point.

[Greenbaum 12,259]

5 hours ago, designguy said:

K3 is dead you wont get one. If you get married CR1 is your only route.

 

EAD takes about 6 months to process depending on your work authorization

Well looky here. There is a whole section on VJ where there are hundreds of questions that are being asked concerning this topic with many discussions. I would think by all that activity the K-3 is not dead.

 

https://www.visajourney.com/forums/forum/132-k-3-spousal-visa-case-filing-and-progress-reports/

[Greenbaum 12,259]

5 hours ago, B&C2017 said:

K3 is dead as designguy already mentioned. But even with K3, you would have to AoS after arrival and wouldn't be able to work right away - you'd have to wait on a EAD as well.

 

CR1 is the only route when married. And also the only route of fiancée / Spouse visa that immediately allows you to work and travel outside of the US.

 

When you enter with a K1, you then get married, apply for AoS together with AP (for travel, as you won't be able to leave the US without AP either - or at least won't get back in once you leave) and EAD. Processing for EAD is around 6 months. So when entering on a K1, expect to not be able to work for at least 6 months after filing the AOS, AP, EAD. 

See my answer above to designguy

[B&C2017 123]

5 minutes ago, Greenbaum said:

Well looky here. There is a whole section on VJ where there are hundreds of questions that are being asked concerning this topic with many discussions. I would think by all that activity the K-3 is not dead.

 

https://www.visajourney.com/forums/forum/132-k-3-spousal-visa-case-filing-and-progress-reports/

Well, it's not dead per se - The visa issuance is, the process itself is not. 

 

The process (still) exists and people (incl. me) still use it. Way more since it was discovered that a I-129F (K3) submission results in a fast approval of the I-130, but since October 2019, that loophole at Nebraska Service Center seems to have been closed and it's not working anymore. Best case it'll cut a few months from the processing time, but nobody knows yet if they will process the pending K3's within the normal time of 7.5 - 9.5 months or not. We shall see around the end of March / beginning of April, when the first decision within normal processing tims should be made.

 

But in general, the K3 processing time cut would really only help in Nebraska, as all other service centers are just as fast without K3 as Nebraska with the cut.

 

And as said above: There is no actual approval of the K3 anymore - During the fiscal year 2018, only 6 K3 visas have been issued worldwide. So the K3 Visa itself is pretty much dead

[Boiler 45,525]

Marry and go CR1, stamp in passport serves as a temp GC and enables you to work from Day 1.

[EDFB14 1]

My boyfriend and I are going through the same thing as you right now. We are contemplating K1, CR1, or breakup unfortunately. We have been doing long distance between the USA and Europe for 6 years and thought he was going to be able to transfer here through his job, but that fell through. Here’s the hard facts- the K1 visa is quicker in that you can be together sooner, but it will still take 6 months to 1+ years to be approved, average about 9 months to be approved. Then when you are in the USA you will need to get your work permit which will take about 6 months. You will not be able to do any resume building activities. Like you, that is not okay with my boyfriend as he wants to be able to work and thinks that not working will have a negative effect on our relationship. The next option is CR1- you need to get married abroad. You need to look into the country you want to marry in bc some have specific visas and/or paperwork you need to have to get married (again a waiting period). Then afterwards you apply for a CR1 visa. This will take 1-2+ years to be approved. How long it takes is really on multiple factors and luck. My boyfriend met with a lawyer yesterday and was told that the quicker cases are for those who as the foreigner already had a previous investor visa or were in the USA previously on a H1 or L1 visa or for those who have been married for a longer period of time. In my case, being a US citizen working and paying taxes and will be newly married, it would take on average 1.5 years. After that time, he has the green card in hand and can work. Both options completely suck. I hope that helps. Best of luck to you two. I know it’s really hard  

[Boiler 45,525]

3 minutes ago, EDFB14 said:

My boyfriend and I are going through the same thing as you right now. We are contemplating K1, CR1, or breakup unfortunately. We have been doing long distance between the USA and Europe for 6 years and thought he was going to be able to transfer here through his job, but that fell through. Here’s the hard facts- the K1 visa is quicker in that you can be together sooner, but it will still take 6 months to 1+ years to be approved, average about 9 months to be approved. Then when you are in the USA you will need to get your work permit which will take about 6 months. You will not be able to do any resume building activities. Like you, that is not okay with my boyfriend as he wants to be able to work and thinks that not working will have a negative effect on our relationship. The next option is CR1- you need to get married abroad. You need to look into the country you want to marry in bc some have specific visas and/or paperwork you need to have to get married (again a waiting period). Then afterwards you apply for a CR1 visa. This will take 1-2+ years to be approved. How long it takes is really on multiple factors and luck. My boyfriend met with a lawyer yesterday and was told that the quicker cases are for those who as the foreigner already had a previous investor visa or were in the USA previously on a H1 or L1 visa or for those who have been married for a longer period of time. In my case, being a US citizen working and paying taxes and will be newly married, it would take on average 1.5 years. After that time, he has the green card in hand and can work. Both options completely suck. I hope that helps. Best of luck to you two. I know it’s really hard  

Hopefully he did not appoint that lawyer, lot of misinformation out there.

[EDFB14 1]

8 minutes ago, Boiler said:

Hopefully he did not appoint that lawyer, lot of misinformation out there.

What do you mean? Do disagree with any of the above? 

[Boiler 45,525]

My impression mist Immigration Lawyers have little dealings with Family based immigration, most people seem to DIY so their knowledge can be out of date or missing. Obviously they know the basics.

[DaveAndAnastasia 2,092]

33 minutes ago, EDFB14 said:

The next option is CR1- you need to get married abroad.

You can marry in the US and do a CR-1 (presuming -- as is likely if your fiance(e) is from Europe, as most European countries are part of the Visa Waiver Program, and most people from VWP countries are eligible to use it -- your partner can visit the US legally); it's just the non-US citizen has to return to their country after the wedding.

 

Coming to the US on a tourist visa and with intent to marry is not illegal or fraud. Coming to the US on a tourist visa with intent to marry and adjust status and stay is fraud.

[Juliet57 304]

3 hours ago, EDFB14 said:

My boyfriend and I are going through the same thing as you right now. We are contemplating K1, CR1, or breakup unfortunately. We have been doing long distance between the USA and Europe for 6 years and thought he was going to be able to transfer here through his job, but that fell through. Here’s the hard facts- the K1 visa is quicker in that you can be together sooner, but it will still take 6 months to 1+ years to be approved, average about 9 months to be approved. Then when you are in the USA you will need to get your work permit which will take about 6 months. You will not be able to do any resume building activities. Like you, that is not okay with my boyfriend as he wants to be able to work and thinks that not working will have a negative effect on our relationship. The next option is CR1- you need to get married abroad. You need to look into the country you want to marry in bc some have specific visas and/or paperwork you need to have to get married (again a waiting period). Then afterwards you apply for a CR1 visa. This will take 1-2+ years to be approved. How long it takes is really on multiple factors and luck. My boyfriend met with a lawyer yesterday and was told that the quicker cases are for those who as the foreigner already had a previous investor visa or were in the USA previously on a H1 or L1 visa or for those who have been married for a longer period of time. In my case, being a US citizen working and paying taxes and will be newly married, it would take on average 1.5 years. After that time, he has the green card in hand and can work. Both options completely suck. I hope that helps. Best of luck to you two. I know it’s really hard  

You already waited 6 years to live together, what's so bad about waiting 1.5+ years?

Most of us have to wait that time and have to be very patient in order to live with our loved onesin the US.