I have read here that my fiance must wait until after the wedding and the AOS to get a Green Card to work. I have read in other places on the web that he can work as soon as he enters and gets the SSN. Is there a definative link to the law?

If he is self employed does this matter?

Bobbie

He will come in with an I-94 which is valid for 90 days. Once he gets in the country, he needs to file for an EAD which will be valid for a year. Hopefully he'll have his AOS approved before that one expires, if not, he will have to file for another one.

It depends on the visa and if you go through the JFK as your PoE.

K-1 does not allow you to work until you file for and receive your EAD or Green Card. If you go through JFK, you can request a temporary EAD that will allow your fiancee to work for up to 90 days.

CR-1/IR-1 does allow you to work upon entry because you are immediately considered a permanent resident. With K-1 you are not a permanent resident until you file for AOS. I'm pretty sure K-3 is also like K-1 in this regard.

Can you say more about requesting a temporary EAD if you go through JFK? My fiance will be coming through there and it would be SO GREAT if he could get a temp EAD . . . but is there any paperwork he or I must file beforehand, or can they simply hand him the EAD at immigration?

Its just a stamp in your passport. You may have to ask for it, but they will probably give it to you automatically.

Hmmmmm. I wonder why JFK is the only POE that does this. It seems really strange. Although I guess it could be related to the high cost of living in New York City. In which case, immigrants entering through Anchorage, AK should get a temp EAD as well

JFK is the only one that does it right now, I'm not sure why they are the only PoE that does this. They also may stop at any time.

My fiance will most likely be entering the USA in Orlando. Is it worth even asking for the temporary work permit, or is JFK for sure the only POE that does this? Thanks.

JFK is the only one by air.

JFK is special now, and I didn't fly through there, so no temp stamp for me.

Also, once filing for AOS and EAD it seems that EADS are taking the full 90 days at the moment.

Bobbie,

Point of clarification: one does not wait until after the AOS to get a Green Card, AOS is the process of getting a Green Card.

Yodrak

this post has been moved from the K-1 discussion group

As a point of Clarification:

You must first get married and file for AOS, then you may apply for the interim benefit of EAD, which would be good for one year.

If you apply for EAD as a K1 visa holder the EAD will only be good as long as the I-94

Below is part of the Guide - link below
As a K-1 Visa Holder you may receive a temporary EAD at the Point of Entry (POE). This has however become very uncommon and the only known POE that (and not always) issues these is JFK International Airport. if they do issue you a temporary EAD it will expire on the date that your K-1 expires (90 days from entry on your K-1).


Working/Getting an Employment Authorization Document: I-765