Work permit on the K1

[laura miller 0]

My fiance is finally going to be able to move here at the end of the month. We have a small problem though. I live in the Bay Area and it is quite expensive. I'd really like for my fiance to get a work permit as soon as possible. How long does it typically take? I've heard about 3 months but not sure.

If it's 3 months, I will just have to support him and him not work at all? I feel like I can't be the only one going through this and wanted to know what other people are doing.

Thanks!

-Laura

[gwenneh 7]

Your fiance may be able to get a temporary work authorization at the POE, but as a rule that only happens at JFK and only if you ask for it.

It is, in essence, useless, and if JFK isn't convenient for you I advise you not to waste your time, as you fiance cannot work with the EAD alone-he needs a Social Security card as well. That takes some time, and as the temporary EAD is only good for 90 days it is usually expired or expiring by the time you get your SS card. If, by some miracle, he gets his SS card before the EAD stamp expires and manages to start working, if the temporary EAD expires and he has a job, he will have to stop working until a new one is issued.

It is much more common that your fiance will not be able to work until he receives the EAD during adjustment of status after you are married. This is an eventuality that you really need to be prepared for, and yes, it can take a few months.

[sweetee 0]

well ur fiance can get a temp EAD at JFK POE. I have heard that's about the only airport issuing them now. My husband(then fiance) got his at JFK in June 2004. He received his SSN# the very next month and began working a few days later. He didn't stop working even when it was expired. No one asked him about it and we didn't get any flack about it either when we went to our AOS interview. They never inquired about it. Checkout my timeline below so you can get a better idea of what we went thru.

Sweetee

[Linababe 0]

From what I understand you can apply for SSN from about 2 weeks of arriving in the USA but before you get married. Then aftyer you get married file the AOS as well as the work permit and the AP if you wish to travel abroad before you get the green card. Im not sure on how long it will take for you to receive the work permit sorry but make sure you apply for SSN BEFORE YOU GET MARRIED

Lina (UKC)

[Clownies 2]

My fiance is finally going to be able to move here at the end of the month. We have a small problem though. I live in the Bay Area and it is quite expensive.

-Laura

Bay Area quite expensive... yep, I know what you mean!

[UmmSqueakster 54]

Not to be a wet blanket, but unfortunatly the EAD can take much longer than 3 months. If you get married the day he arrives in the country, and if you mail off the AOS/EAD packet the day after your wedding, and if the packet is processed quickly and you get the NOA1 right away, and then if the biometrics appointment comes quickly and if they process the EAD application quickly, you will get it within 90 days after his arrival. However, most likely all those ifs won't come to pass, and it could very well be 5 or 6 months to get employment authorization.

Now, my suggestions to make this process go more quickly from your end.

1. Read over the AOS/EAD process before he gets here and get as much done as you can prior to his actual move.

2. After getting married, hand file the marriage license and see if you can get a marriage certificate on the spot. Don't let the officiant mail it in, because it might take you weeks to get the certificate You need to send in a copy of the certificate with the AOS/EAD forms.

3. Get the vaccine suppliments (if needed) as soon as possible once he is in the country. We waited until after we got married (albiet 2 weeks after my husband arrived), and it took 3 weeks for the form to be filled out and ready for us to pick up.

4. File for the SSN 2 to 3 weeks after he arrives. It will take that long for his enterance to be registered in the system. Don't wait until the I-94 is about to expire, because then they won't let you get the SSN and you'll have to wait until he gets the EAD to try again. If you have the SSN ready to go, when the EAD arrives, there shouldn't be any delay in the job hunting.

It sucks, but that's why they have us fill out the affidavit of support with the k-1. Good luck!

edited to add: While he's waiting for employment authorization, he can look into volunteer work in the community. This will provide US based references when job hunting time comes and keep him from going insane from bordom.

Edited June 13, 2006 by rahma

[KarenCee 3]

Yep....you will have to support him while he waits for his EAD. I know you want him to work ASAP, but it just ain't gonna happen. My babe would love to get a job NOW but we knew ahead of time that I would be the sole supporter for a while so we were prepared for how tight it will be...and is. Just gotta plan ahead.