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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

lunabean
My fiance is arriving mid May and going through JFK so I am assuming (and hoping) that he will get a temporary work authorization.

This is good as long as the K1 is valid, right? So essentially it is good for 90 days?

So then let's say we get married at the beginning of June and then file for AOS (45 days from the time he arrives). Can he keep working on the temporary work autorization until the 90 days are up or does the K1 stop being valid the second we get married?

How long should I expect the paperwork and processing to take once we have filed for the AOS.

My hope is that he can begin working as soon as he has his SSN and work for about a month before we marry. Then we will file his AOS and in the meantime he will keep working under his EAD. Is it wishful thinking to think that perhaps he will get the AOS before the 90 days are up on his K1 visa? Am I dreaming? I know that he needs to stop working if there is a gap in coverage so I am trying to avoid the gap in coverage.

We think he has a great job lined up for him so we would be willing to move around our wedding date if it helped.

YOUR ADVICE IS REALLY APPRECIATED. Thanks to all and best wishes on a speedy visa journey!
RaTBoX
QUOTE(lunabean @ Apr 20 2008, 10:06 AM) *
My fiance is arriving mid May and going through JFK so I am assuming (and hoping) that he will get a temporary work authorization.

This is good as long as the K1 is valid, right? So essentially it is good for 90 days?

Yes, the Work Authorization rom JFK is valid for the 90 days specified on the I-94.

QUOTE
So then let's say we get married at the beginning of June and then file for AOS (45 days from the time he arrives). Can he keep working on the temporary work autorization until the 90 days are up or does the K1 stop being valid the second we get married?

The K1 is the visa, and the work authorization is something seperate. The K1 becomes invalid when you enter into the USA as its a single entry visa. The work authorization is based on the I-94, and that doesn't change if you get married, so it lasts for the whole 90 days.

QUOTE
How long should I expect the paperwork and processing to take once we have filed for the AOS.

Depends on lots of things. Have a look at the timelines on this site. From my own experiences and what I have read, you can expect to get an EAD between 50 and 60 days from the time you file. The Green Card itself could take a good bit longer.

QUOTE
My hope is that he can begin working as soon as he has his SSN and work for about a month before we marry. Then we will file his AOS and in the meantime he will keep working under his EAD. Is it wishful thinking to think that perhaps he will get the AOS before the 90 days are up on his K1 visa? Am I dreaming? I know that he needs to stop working if there is a gap in coverage so I am trying to avoid the gap in coverage.


If you file for AOS as soon as possible, you may get the EAD before the temporayr stamp expires, but you also may not. Like I said, based on my experience and information it seems to be between 50 and 60 days. If you file for AoS within 30-40 days from entering the country, you may make it.

QUOTE
We think he has a great job lined up for him so we would be willing to move around our wedding date if it helped.

All this would do is make it posisble for you to file AOS sooner, which may not be a bad idea. The sooner you file it, the sooner it gets processed.
lunabean
Thank you so much for all the info and feedback! This is very helpful!
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