Fiancé visa and work eligibility

[Gasolina424 3]

Hi guys, I’m new to the forum and having trouble navigating this site, so please excuse me if this is a common question, and thanks in advance for any insight. 

 

My bf (Australia) and I are just beginning to look into visa requirements for him to come live in the USA. I’m wondering if the fiancé visa (once theoreticially approved) would allow him to work once he arrives, or is he not allowed to do anything during the 90 day period? 

 

Would we we be better off just getting married now and then applying for a greencard while he’s in Aus and I’m in the USA? Anyone with any experience or insight to this? Thank you!

[Unidentified 2,930]

2 minutes ago, Gasolina424 said:

Hi guys, I’m new to the forum and having trouble navigating this site, so please excuse me if this is a common question, and thanks in advance for any insight. 

 

My bf (Australia) and I are just beginning to look into visa requirements for him to come live in the USA. I’m wondering if the fiancé visa (once theoreticially approved) would allow him to work once he arrives, or is he not allowed to do anything during the 90 day period? 

 

Would we we be better off just getting married now and then applying for a greencard while he’s in Aus and I’m in the USA? Anyone with any experience or insight to this? Thank you!

If you want him to work right away then yes, I recommend getting married and apply for the CR1 visa. If he came here on a K1 visa he would not be able to work until you have filled for Adjustment of Status and his work permit and he has received his work permit after 90+ days after submission. So yeah, it wouldn't be just during that 90 days that you have to file. It would be until his work permit actually has been approved. 

[Marieke H 2,303]

If he arrives on a K1 visa, he can not work until he receives his EAD. He can apply for his EAD together with his Adjustment of Status, after you two get married. I think the EAD takes about 4 months right now, but it could be even longer. Mine took 6 months.

 

If you get married first and then apply for the CR1 (spousal visa), the process takes a bit longer than the K1, but he will be allowed to work as soon as he arrives. I highly recommend considering the CR1. For me, those 6 months of waiting were very difficult. But it just depends on what your priorities are.

[Marzena & Stephen 544]

Hi!

 

First off the K1 visa will take a while for him to move to the USA im sure you have already heard average time can be 7 months right now some longer some shorter. 

 

K1 - 90 days to get married - marriage has to be in the USA 

Can not leave the USA after marriage until you get a travel permit or green card

after marriage - wait for marriage certificate (time line depends on the state) in order to apply for Adjustment of status and work permit and travel permit

The work permit and travel permit can take on average 4 or 5 months (sometimes longer)

Usually if you applied for the travel permit aswell - it will come as a combo card withe the work permit

So basically once you have a work permit its been about 8.5 months since he moved here (if you take the full 90 days to get married)

PLEASE remember their are costs associated with the K1 visa.. the original application fee, vaccinations, travel to interview if it is not in your home town, travel to move, moving your things etc. ALSO the Adjustment of status and work permit/travel permit costs another $1225.00

 

CR1 you would get married first and everything would pretty much be set once he gets here. 

 

I personally just got approved for my work permit - this week. its been 4 months since i applied. I got married at the courts 2 weeks after arriving into the USA. I got married December 1 2017 and only now do i have a work permit (it actually hasnt even come in the mail yet )

Noted - the green card process in my state is 11.5 months to 2.7 yrs.

 

Other things to consider are health care 

Spending money

and i would research about driving in the state that you live in. Every state is different.. he may not be able to drive until he gets his work permit. 

 

 

Just want you two to make the best decision for yourselves. 

 

 

GOOD LUCK!

[Gasolina424 3]

Thanks everyone, very helpful and much appreciated!

[JFH 12,189]

*~*~*moved from "K-1 fiancé visa process and procedures" to "what visa to I need" as OP is still comparing the options*~*~*