Logistics concern after K-1 approval

[sp207 3]

Hey guys, I filed my I-129F about 7 months ago, so I know I still probably have to wait at least until November/December for any kind of NOA-2 response from USCIS. I have been trying to think ahead and figure out the logistics of my fiancé moving here once his visa gets approved and we get married.

 

I've obviously done an insane amount of research on the K-1 process, but what I remain slightly confused by is the AOS and work authorization process. Can anyone shed any light on how long we might have to wait until he can legally work after we get married? I was not previously as concerned as I am now because I wrongly assumed that even though he couldn't legally work for an American company until our EAD is approved, I thought he might be able to work remotely for a European company (he's an EU citizen). I was dispelled of this notion after doing some research (because America literally wants to collect taxes on everything), but with some projections saying that the EAD takes up to 6 months, I don't understand how USCIS can expect couples to survive that long without dual income. I have a full-time job and some savings, so by I-134 standards, I could financially support him for a short time. However, he has no savings and is not currently working since we both just graduated from college. Any insight would be much appreciated! 😊

[Boiler 45,486]

I have seen a few people get EAD's quick but 7 or 8 months may be more normal.

 

K1 has many issues, you have identified one of them, certainly not for everyone.

[TBoneTX 45,284]

Thread is moved from the K-1 Process forum to the "Moving to the U.S." forum -- topic involves after-visa matters.

[carmel34 3,626]

5 hours ago, sp207 said:

I have a full-time job and some savings, so by I-134 standards, I could financially support him for a short time.

Plan on financially supporting him for a long time, as EAD is taking 6-8 months, after marriage and filing the adjustment of status package, so maybe 8-10 months total.  You may have to find a better paying job, get a second job, or reduce your living expenses to make it work.  This is a well-known drawback of the K-1 process.

[Lemonslice 4,838]

13 hours ago, sp207 said:

Hey guys, I filed my I-129F about 7 months ago, so I know I still probably have to wait at least until November/December for any kind of NOA-2 response from USCIS. I have been trying to think ahead and figure out the logistics of my fiancé moving here once his visa gets approved and we get married.

 

I've obviously done an insane amount of research on the K-1 process, but what I remain slightly confused by is the AOS and work authorization process. Can anyone shed any light on how long we might have to wait until he can legally work after we get married? I was not previously as concerned as I am now because I wrongly assumed that even though he couldn't legally work for an American company until our EAD is approved, I thought he might be able to work remotely for a European company (he's an EU citizen). I was dispelled of this notion after doing some research (because America literally wants to collect taxes on everything), but with some projections saying that the EAD takes up to 6 months, I don't understand how USCIS can expect couples to survive that long without dual income. I have a full-time job and some savings, so by I-134 standards, I could financially support him for a short time. However, he has no savings and is not currently working since we both just graduated from college. Any insight would be much appreciated! 😊

Make sure you also meet the i-864 threshold so that you can file the AOS as soon as possible.  Otherwise, to speed things up, request the SSN and get married in the week they get there.  Have the money ready to file, all the documents you can prepare in advance, etc.   

 

If your partner is offered a job, an offer letter might possibly help expedite the EAD, but it's no guarantee. 

[SalishSea 17,827]

On 6/16/2023 at 11:06 PM, sp207 said:

I don't understand how USCIS can expect couples to survive that long without dual income.

USCIS doesn't 'expect' anything.  It's up to couples to research and plan for themselves, and for many, it is why the CR-1 is a much better visa.  It's a shame that you didn't come across that in all your K-1 research.

 

The EAD/AP issue and problems in some states with getting driver's licenses are well known drawbacks of the K-1.

 

If not working is going to be an issue, you may want to consider marrying now and petitioning for a CR-1 instead.  Even with the 'lost' months since filing the I-129F petition, the way timelines are right now, he would be working sooner with a CR-1.

Edited June 18, 2023 by SalishSea

[SalishSea 17,827]

On 6/16/2023 at 11:06 PM, sp207 said:

he has no savings and is not currently working since we both just graduated from college.

I would suggest he start working asap.  US immigration is not cheap, and the fees are slated to sharply increase soon.