hey folks,

In trying to "plan" ahead a little bit ( which is nearly impossible as many of you know), I am trying to figure out when my fiance may be able to work. Our NOA2 has been sent to the London Embassy and we are waiting on an interview. Once he has visa in hand and enters the US we plan on marrying right away. I realize the adjustment of status and work permit are seperate files we must submit, but my question is, Do we have to be approved for the adjustment of status before they issue him a work permit...or will he be able to work while we are waiting for the temperary residency to be completed?

thanks for any input

Yes, you do have to have approval in the form of an EAD card. There has been much discussion about a K1 being able to work, but proving to an employer that you are able is impossible without some form of documentation (hope I got that right). We filed our AOS and EAD, along with AP at the same time. You can see our timeline to see how long it took for my husband to get his. Hope this helps.

The EAD will be approved before the AOS. Usually within 2-4 months, but you can check your local filing office for process times.



have a great interview and speedy reunion!

Once you arrive in the US and have got married you file for AOS and EAD and AP.... your EAD and AP should be approved before you get your interview for AOS... I say should because some people are getting their AOS interview so quickly that they dont need the EAD or AP...

Once you have the EAD you can work and once you have the AP you can travel outside the US...

Once you are approved for AOS and have your greencard you no longer need EAD or AP...

Hope this helps

Kezzie

I assume others will clarify, but my understanding is that a k-1 recipient is technically able to work during the 90 day period or until the marriage occurs (because at that time your status has changed (but this ability to work during this initial period seems to be in either in dispute or is being changed)) and then is not able to work until the beneficiaries status has been adjusted and work permit issued. Seems more complicated than it needs to be.

That's what I was alluding to. If one comes through JFK I've heard they stamp your passport with a temp EAD. Some say they don't do those anymore. So, I don't really know about that. It's proving to a prospective employer that you can work that the problem ensues. You have to have documentation, from what I understand. Without the EAD you have no proof. It is complicated to be sure. I'm sure though, there are others that will be better at clarifying this than I am.

Techical correction I said status adjusted "and" work permit issued... I meant "or"

One other thing you may do is to plan your return flight to arrive at Kennedy International in NY, the POE officers there stamp the passport with a temporary work stamp. Can work as soon as you get a SSN. I don't know how long they will continue the practice there at Kennedy.

There's been talk that after Oct 1, 2006 they are no longer doing it. Check before you waste your $$ trying to fly through there.

That also includes for the foreign spouse to be able to travel outside the U.S., correct?

OK, no alluding here.

My fiancé just came in 10/1 through JFK and got his work permit. Dont' know if this is ending as Devilette suggests. I googled it but didn't find anything.

(question: when giving opinions or possible info , why would one "allude"?)

Hrm, well that sounds positive, hopefully I'll get mine too then! i was planning on giving up on the JFK idea and going straight to LAX, then I looked up flights on Opodo and the cheapest option was Air India to JFK and the AA to LAX... £298 inc tax, not bad! So looks like I will be going through JFK after all...

Great! Can you come back here and let us know whether you get the stamp or not?

al·lude (-ld) Pronunciation Key Audio pronunciation of "allude" [P]
intr.v. al·lud·ed, al·lud·ing, al·ludes

To make an indirect reference:

So maybe I used the wrong term here...sorry. Didn't want to say for absolute certain in my post that what I mentioned was the whole truth. I shall try to avoid using the wrong term in the future so as not to confuse anyone.

americanwoman,

Please post this to the POE Rolling List.
http://www.k1poelist.com/

Thanks,
Yodrak

Local offices are (supposed to) no longer issue interim EAD's, however this is not the same thing as getting the document at JFK. I haven't seen anything yet that suggests JFK will cease providing these.

Hi guys!!! I just arrived in USA throught JFK and I got my permission to work over there! Actually they stamped my I-94. That was great!!!

JanaeDavid,

Please post your experience at http://www.k1poelist.com/

Yodrak

The conclusion of the adjustment of status is well, his status is adjusted to Permanent Resident. PRs have permission to live work and travel in/out of the US. They get a Green Card to prove this.

The work permit (EAD) is the temporary fix to hold him over until his AOS is complete.

His residency isn't really 'temporary', he will be a Legal Permanent Resident after AOS, just with one more paper to file.

recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.

Now That You Are A Permanent Resident
http://uscis.gov/graphics/howdoi/PermRes.htm

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm

Welcome to the United States:
A Guide for New Immigrants
http://uscis.gov/graphics/citizenship/imm_guide.htm




Kill the rumors!
I've only read about it in a few postings here----and no one knows wehre the rumor came from.

I *did* hear that they'll do away with work auth for K-1s altogether, but nothing has happened with that.

Thank you for letting us know. Maybe I should try to go through JFK as well.

meauxna,

Maybe the rumor came from this USCIS Public Notice.
http://www.uscis.gov/graphics/publicaffair...gCh072806PN.pdf

One can still apply and be approved for interim EA at a local District or Sub office, but such offices will no longer produce the cards. So one can expect to go home without it (the card).

Yodrak

My POE was JFK too, Sept 20, 2006 but my I-194 has no stamp of that "temporary work permit"...just the duration of how long i have to stay here in the US.

Did ur fiance asked the immigration office for that stamp or it is customary on their part to put a stamp "temporary work permit" on what part of your VISA/Passport or I-94????




Hi,

What do they stamp and/or write on your I-94? Mine is just the rubber stap oblong size of Homeland Security Customs and Border Protection, the word ADMITTED NYC, Sept 20, 2006 Class is K1 and untill Dec 19, 2006. So, for me this is just the duration of how long I am allowed to stay here, no particular indication that I am allowed to work........ I wonder what they wrote or stamp on your I-94????

Please let me know. Thanks.