Non U.S. Fiancee working in U.S. before marriage

[Kyrgyzfriend 0]

I really don't know where would be the appropriate topic section to put this under, so I though this one would probable work best. My fiancée who is from Kyrgyzstan (hence my username) has been looking into possible schooling opportunities as well as jobs within art. Several options she tried, Westminster in London (as they have full tuition scholarships available for those of emerging countries such as hers), art academy in London (though they have no such scholarships available) and an internship with InterVarsity for graphic design. As of last week she was informed by Westminster that she hadn't been accepted, which was very disappointing though they did suggest she tries again next year. As for the art academy in London, she was accepted but at $11,000 a year it's too expensive. Now as for InterVarsity (which is the main reason for this), right now she works for a Christian organization in Bishkek (which is the capital) called the IFES (International Fellowship of Evangelical Students) which is affiliated with InterVarsity and as such she started looking into possible opportunities to work within InterVarsity. She applied for a graphic design internship within their 2100 Productions company and has since been accepted. Now since it's an internship (which many of the jobs at InterVarsity are) she needs to raise support and the support needed is $1400/month which is certainly a lot for her considering she only makes $200/month within the IFES. Though it is a lot we are continuing to raise support and our plans as of right now are to try and raise the needed support so she can start working in January. Now my fiancée and I are eagerly awaiting marriage and had planned on getting married sometime late next summer though would it still be possible if she were to come here on a work visa for InterVarsity in January? I haven't been able to find any clear cut answer on the subject and I'm lost, so any help would be much appreciated and if you'd like more information on the situation or anything else mentioned, kindly let me know

[YuAndDan 153]

Only way for a K-1 visa holder to take a job is if they have EAD stamp in passport, most POE do not issue this stamp because SSA will issue SSN to a K-1 with or without the stamp.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

A K-1 can apply for EAD card before marriage and filing AOS, however, this costs $340, and results is a 90 day EAD card that expires 90 days after entry, and since it can take nearly 90 days to get the card, the card will either have expired before it can be issued, or expires shortly after getting it.

Edited May 29, 2008 by YuAndDan

[Saddle Bronc 124]

Yes, there are possibilities for a non-US-citizen fiancé(e) to work prior to marriage--but rather limited (for all of them, I'm assuming NO application for K-1):

• if fiancé(e) is Canadian citizen, it may be possible to get a TN-1 (but restricted list of occupations even with "tweaking"), then marry in US and file AOS
• an F-1 student may be able to work restrictively off-campus with USCIS permission
• an F-1 at f@g-end of the visa can use CPT or OPT to work
• other temp work visas (all restrictive in occupations, some also in numbers) are also available

[Brian_bellingham 0]

My wife used to work for Intervarsity in Canada (working with student nurses).

You will get a lot of help here. I have a couple of thoughts. If she arrives here in January and gets married to you just a few months later, it could look like she came here just to get married, and therefore came here under fraudulant terms. The U.S. understands that students or workers that come here fall in love and get engaged, but it would be really suspiscious if the marraige was so soon. Some may suggest that if you waited a year from when she comes into the country, she could simply try to adjust status after the wedding.