Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

It depends on what POE- Point of Entry she comes in on, JFK will give her a temporary work authorization that is only valid for I believe 90 days, someone correct me if I am wrong. So, if she is only wanting to work for 45-60 maybe this can help, but other VJ members may know more about this, so wait for other answers...........

Thank you for the speedy reply. She will be coming in through LAX

As far as I know, JFK is the only POE that still gives out temp EADs - not always, though.

See: http://www.uscis.gov/graphics/howdoi/ead.htm
http://www.visajourney.com/forums/index.ph...page=k1k3ead#k1 to start.

There have been others that have reported getting the 'stamp' at Las Vegas and one of the land crossings in Windsor/Detroit as well. If she does get the stamp she can work for you until for 90 days (the length of time the stamp is good for), once it expires she must stop working until she receives her EAD.

My fiance and I also have just begun our K-1 Visa Journey. Have you received your receipt number yet and if so on the website have you tried to track your number? I have not found any I-129F forms at the Texas Service Center. Do you know anything about this or if they transferred them to another Service Center?

Thanks,
Mel

Hi Mel,

I just sent it off this last Friday. I don't expect them to actually get it until Tomorrow (Monday). I sent it to A P.O. Box in Laguna Niguel, CA. My ex sister in-law works doing visa service. She was very helpful in preparing the paperwork we needed. She had all the forms in her office.

I believe that this website has downloads for the forms needed. I am new, so I am not 100% sure.

Best of Luck,

Oscar

Most of the forms are fillable on the website, this makes them very neat and easy to read.

If you are self employed and she is not getting paid, only helping you. It is not technically working. I would check, but that is the way I would frame it.

you can concurrently file the I-485 Adjustment of status (AOS) and the I-765 Employment Authorization Document (EAD). I would file those as soon as possible. EAD typically takes 90 days.

In my business it is not quite that simple as to have her just come to work with me. I own a small company that employees 24 people to wash Jet Airplane such as 747’s at Los Angeles International Airport (LAX). Michelle wants to participate in the business with me. But just to get her onto the Airport it is not as simple as just allowing her to walk in with me. Although she is my fiancée, by law I have to employee her in the company and she must have all her employment papers. Then I would have to send her to the Airport Security Office where they will run a back ground check and if approved assign her a LAX badge to allow entrance to the runways where the aircrafts are. For her to be approved she would have to show that she can legally work in the USA.

I will look into the I-485 and the I-765 since I just started the filing I still have time. Thank you for the information.

I got my temporary EAD coming through JFK. It may be worth considering making this your port of entry and then getting a connecting flight to LAX. Just depends how important the EAD is to you. You may also want to consider doing the legal paperwork for the marriage soon after she arrives in the country. That way you can apply for the EAD straight away and hopefully have it in hand before the temp. one expires. Hope this makes sence. On the other hand Michelle may just want to take a 3 month holiday and work on getting the wedding and all the paperwork sorted out!!
Good luck to you!
Maggie

Hello,

She needs to apply for the AOS together with the EAD application within the 90 day period in order to work in the US. The EAD is usually issued in 90 days time.

Without the above info, I would've given you an answer that you would like. Considering the circumstances of your business, I'd just have her wait until she's got a "proper" 1-year EAD from the AOS filing.

Alternately, meet with a lawyer well versed in the fiance K-1 status and see what you can learn. But, it's the whole security check thingie that I'd be concerned with. Proceed with caution.


Not accurate.

Oscar,

Read I-9 carefully. A person who is employment authorized - and Michelle will be employment authorized for 90 days when she arrives as a K1 - has 3 days to show the employer evidence that they have applied for the necessary documentation and 90 days to present the necessary documentation. So, have her immediately apply for a SS card and an EAD in the (a)(6) category, and with evidence that she has made these applications she should be able to work until her 90-day stay as a K1 expires. Then she may have to go on sabatical until she receives new employment authorization in the ( c )(9) category.

I agree with meauxna that your difficulty may be with the Airport Security Office, not only with the security check itself but also with getting them to concur that you can employ her as I've outlined. Do as meauxna suggested and have a consultation with an immigration attorney who knows K1 (I recommend Matthew Udall, who is in the LA area and concetrates on marriage-based cases). Hopefully the attorney will concur with my thoughts and can help you to get any necessary concurrance by others that you might need. (And if they do not concur, then you can take solace in knowing for sure that there was no way.)

Yodrak



Jonty,

Wrong again.

Yodrak