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After getting the K1 VISA: Work Permit (EAD) & AOS? Help please!

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Hi guys,

So I've been researching and reading and I don't think I have it all clear yet.

I'd like to start working as soon as I enter the country but I also need to understand if its worth it, cause I know I have to pay the fee for the work permit and I read that cost can be "avoided" once we submit the AOS. (Cause the cost is included in the process)

If I go through the option of paying the fee, that only will work until we start the AOS? And then what? I won't be able to continue working? How does it work? I'm confused.

I also read that, that fee is only for a certain amount of time and then I'll have to renew it, is that correct? How often do you have to?

What would be your suggestion?...

Thanks in advance.

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Your EAD based on K1 visa (category (a)(6), K-1 Nonimmigrant Fiance(e) of U.S. Citizen) before marriage will only valid till the I-94 expiration date and you need to pay the fee $380.

The EAD will take from 60-90 days to process which probably also near the I-94 expiration date.

Then after marriage, you have to file EAD based on C(9) Pending Adjustment of Status under Section 245 of the Act which free as part of AOS.

So if you do not get the new EAD in the timely manner, you have to stop working.

Whether it is worth the hassle, money or stress, you can decide for yourself.

General Advice here is to get married asap, file AOS package as quickly as possible, and ask expedite of EAD based on job offer.

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If working upon entry is crucial to you, you should cancel the K1 process and opt for the CR1 path (after marriage). For the reasons stated, applying for EAD before AOS is more or less an excellent way of wasting money. If you go the K1 path, expect at least 2-3 months of unemployment after entry.

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~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics are discussed at this forum.~

Edited by Pitaya

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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