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Chris Amos

Employment Authorization after arriving into US under K1 visa.

By Chris Amos in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Chris Amos Contributor

Chris Amos   5

Posted
Filed: K-1 Visa Country: Kyrgyzstan
 Timeline
Posted

Hi all,

 

My fiancé just arrived in the US on January 15th under the K1 visa. I have a question however, is she allowed to get apply for an EAD as soon as she comes into the US or does she have to wait on being married and file the adjustment of status before getting the EAD?

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Crazy Cat Grand Master

Crazy Cat   41,844

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

I would just wait until filing the I-485 :

image.png.c5c3a8307b0e64f1b28d457e113df335.png

 

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Pmta1 Explorer

Pmta1   39

Posted
Filed: Other Timeline
Posted

technically you're allowed to file for work authorization immediately, however, there are several reasons why you'd want to avoid that. First, the payment fee. Secondly, the processing time will cut down from the 90 days until expiration. Finally, it will expire in 90 days and you'll be unable to work (potentially fired from the position because you cannot work there anymore) until your EAD/AP card shows up. It's best to get an EAD/AP after marriage and with the I-485

I learned the hard way, I hope YOU don't have to. Advice: learn, learn, learn.

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Crazy Cat Grand Master

Crazy Cat   41,844

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Pmta1 said:

technically you're allowed to file for work authorization immediately, however, there are several reasons why you'd want to avoid that. First, the payment fee. Secondly, the processing time will cut down from the 90 days until expiration. Finally, it will expire in 90 days and you'll be unable to work (potentially fired from the position because you cannot work there anymore) until your EAD/AP card shows up. It's best to get an EAD/AP after marriage and with the I-485

Correct.  Since the approval time for an EAD is longer than 90 days (the maximum time she could work), applying before filing the I-485 would be just throwing money away....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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