Help - Search - Members - Calendar
Full Version: working after K-1 before AOS
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

Melissa&Chris
Hey there,
I received my approved K1 visa on June 20 and entered the US on June 21, 2008.
I am now trying to decide what to do now (besides plan the wedding) I was looking thru some information and realized that I should not apply for a SS# for 2 weeks after entering the US. I can not open a bank account or get an ID card without an SS#...so what do I do? Is it possible to find work? Is all I need to work a SS# or my approved k-1? I'm a little confused as to if I can work before applying for my AOS.
The officer that checked my k-1 at customs did not have any work forms for me. Please help!
~Melissa
Haole
QUOTE(Melissa&Chris @ Jun 24 2008, 10:58 AM) *
Hey there,
I received my approved K1 visa on June 20 and entered the US on June 21, 2008.
I am now trying to decide what to do now (besides plan the wedding) I was looking thru some information and realized that I should not apply for a SS# for 2 weeks after entering the US. I can not open a bank account or get an ID card without an SS#...so what do I do? Is it possible to find work? Is all I need to work a SS# or my approved k-1? I'm a little confused as to if I can work before applying for my AOS.
The officer that checked my k-1 at customs did not have any work forms for me. Please help!
~Melissa

Best to put all your energy into filling for AOS. Get SSN as soon as you can so you can open joint accounts and apply for drivers license.
If you do find work you can only work until I-94 expires. Almost a waste of time. Go for adjusting status. Get married and get the MC and apply for AOS ASAP!
YuAndDan
K-1 can work with EAD stamp, EAD card, or after getting Green-card.

Apply for EAD when you apply for AOS, there is no extra fee for EAD card when based on pending AOS I-485.
colinjess
so if you send AOS and send EADat the same time, its the same price as just sending the AOS off! right?

what if you send AP with it is that covered in the price too ? or do you have to pay seperate for that ?

colin
YuAndDan
QUOTE(colinjess @ Jun 24 2008, 05:56 PM) *
so if you send AOS and send EADat the same time, its the same price as just sending the AOS off! right?

what if you send AP with it is that covered in the price too ? or do you have to pay seperate for that ?

colin
Yes if you send I-756, and I-131 with your I-485, they are covered by the $1010 fee for I-485.

Code I-765 (C )(9 ) Based on pending I-485.
Melissa&Chris
So can I work before I apply for AOS? I get married on August 24...so 2 months from now. Is there anyway to work before applying for AOS and I-765? I never got an EAD stamp or anything....the guy at customs knew nothing about employment authorization. All I have is my passport with approved k1 and I-94. I am getting my SS# soon is that all I need to find temporary work to help pay for the wedding?
sweetpiano
QUOTE(Melissa&Chris @ Jun 25 2008, 11:10 AM) *
So can I work before I apply for AOS? I get married on August 24...so 2 months from now. Is there anyway to work before applying for AOS and I-765? I never got an EAD stamp or anything....the guy at customs knew nothing about employment authorization. All I have is my passport with approved k1 and I-94. I am getting my SS# soon is that all I need to find temporary work to help pay for the wedding?


If you don't have an EAD stamp in your passport, you cannot work before applying for AOS and getting your EAD card! The SS card you are getting soon will mention on it "Valid with DHS authorization", which is the EAD, which you don't have yet.
fwaguy
QUOTE(Melissa&Chris @ Jun 25 2008, 10:10 AM) *
So can I work before I apply for AOS? I get married on August 24...so 2 months from now. Is there anyway to work before applying for AOS and I-765? I never got an EAD stamp or anything....the guy at customs knew nothing about employment authorization. All I have is my passport with approved k1 and I-94. I am getting my SS# soon is that all I need to find temporary work to help pay for the wedding?


Technically you are work authorized but simply lack the documentation to prove it. The more important issue would be, can you find an employer to hire you for such a short period of time, as you will have a gap in authorization from Sep 18th (expiry of I-94) to receipt of EAD.
Lindsey y Koki
Wait...are you SURE that AP is included in the AOS $1010 fee? I thought you had to pay for the separately.

I've read (and even printed out the law) that K1 visa holders CAN work but they have no legal paperwork to prove it. When my husband went to the SS office, they gave him a card with a not authorized to work message printed in bold letters.

QUOTE(YuAndDan @ Jun 24 2008, 06:13 PM) *
QUOTE(colinjess @ Jun 24 2008, 05:56 PM) *
so if you send AOS and send EADat the same time, its the same price as just sending the AOS off! right?

what if you send AP with it is that covered in the price too ? or do you have to pay seperate for that ?

colin
Yes if you send I-756, and I-131 with your I-485, they are covered by the $1010 fee for I-485.

Code I-765 (C )(9 ) Based on pending I-485.

fwaguy
QUOTE(Lindsey y Koki @ Jun 25 2008, 01:27 PM) *
Wait...are you SURE that AP is included in the AOS $1010 fee? I thought you had to pay for the separately.

I've read (and even printed out the law) that K1 visa holders CAN work but they have no legal paperwork to prove it. When my husband went to the SS office, they gave him a card with a not authorized to work message printed in bold letters.


The I-765/I-131 fees are inclusive with the I-485 fee if you file the I-765/I-131 concurrently or after the I-485, otherwise a separate fee is required. This has been the situation since the fee adjustment in July 2007.

Your experience at the SSA is consistent with others here.
Lindsey y Koki
Thanks, I just saw that on VJ: The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

Do you know how I would go about filing the I-131 now without paying the fee? My AOS is still pending and if the AP is "free" then I'd like to get that processed just in case it's approved before the AOS.

Thanks for your help!

CherryXS
QUOTE(Melissa&Chris @ Jun 24 2008, 04:58 PM) *
Hey there,
I received my approved K1 visa on June 20 and entered the US on June 21, 2008.
I am now trying to decide what to do now (besides plan the wedding) I was looking thru some information and realized that I should not apply for a SS# for 2 weeks after entering the US. I can not open a bank account or get an ID card without an SS#...so what do I do? Is it possible to find work? Is all I need to work a SS# or my approved k-1? I'm a little confused as to if I can work before applying for my AOS.
The officer that checked my k-1 at customs did not have any work forms for me. Please help!~Melissa
Not true; you can open the bank account without an SSN--but they cannot do tax-withdrawal of interest.

As for ID card, retain your Canuck DL until you actually have EAD (or GC) in hand PLUS 30 days.
fwaguy
QUOTE(Lindsey y Koki @ Jun 25 2008, 01:36 PM) *
Thanks, I just saw that on VJ: The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

Do you know how I would go about filing the I-131 now without paying the fee? My AOS is still pending and if the AP is "free" then I'd like to get that processed just in case it's approved before the AOS.

Thanks for your help!


by providing proof of your I-485 application (a copy of the I-797 notice for example)
Melissa&Chris
so I shouldn't bother working until after I have sent away my complete AOS package including the I-765? Is it just easier to wait?
and what do I need to open a bank account in the meantime?
fwaguy
QUOTE(Melissa&Chris @ Jun 25 2008, 02:13 PM) *
so I shouldn't bother working until after I have sent away my complete AOS package including the I-765? Is it just easier to wait?
and what do I need to open a bank account in the meantime?


working or not working is a personal choice....

Individual or joint? You will have to inquire with local banking instituitions... some are more immigrant friendly than others
stephandmuz
QUOTE(Melissa&Chris @ Jun 25 2008, 03:13 PM) *
so I shouldn't bother working until after I have sent away my complete AOS package including the I-765? Is it just easier to wait?
and what do I need to open a bank account in the meantime?



Do You have a temp EAD STAMP? EAD card? If you do, then the choice of wether to work or not is all yours. Personally, if I didn't have to work I woldn't. smile.gif If you don't have a temp EAD stamp or EAD card, then you can't work.
Haole
QUOTE(fwaguy @ Jun 25 2008, 08:43 AM) *
QUOTE(Lindsey y Koki @ Jun 25 2008, 01:36 PM) *
Thanks, I just saw that on VJ: The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

Do you know how I would go about filing the I-131 now without paying the fee? My AOS is still pending and if the AP is "free" then I'd like to get that processed just in case it's approved before the AOS.

Thanks for your help!


by providing proof of your I-485 application (a copy of the I-797 notice for example)

DITTO!
JUst send in a copy of the receipt notice with the I-131 form. Good idea to have a backup in case AOS has problems.
Carlawarla
QUOTE(Melissa&Chris @ Jun 25 2008, 02:13 PM) *
so I shouldn't bother working until after I have sent away my complete AOS package including the I-765? Is it just easier to wait?
and what do I need to open a bank account in the meantime?


It's not a matter about "bothering" to work, you can't work. You mentioned you didn't get an EAD stamp crossing the border, so you can't work. Period. After a few weeks, married or not, go to the local SSN office and get your SS card. After you've married, you can apply for everything. If you're lucky, 3 months after you APPLY you might get your EAD document. At THAT time you can begin to look for work. Apply for AOS, EAD and AP after marriage. If you want to go to Canada, you'll need the AP document to do so until you get your GC.

If you were working this past year in Canada, you know you can apply and receive EI while in the US? You need to apply for this on-line asap!
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.