Working under the K-1 Visa

[James and Megan 0]

I have a few questions regarding the K-1 process and working in the United States once its dealt with.

Does the K-1 VISA allow the fiancee to work within the United States once he/she is accepted? Were both unsure if you need to actually file for a work visa or not or if the K-1 is a kind of two in one thing.

I would like to be able to have my fiancee work once he comes over here, but were not sure if he needs to apply for a work VISA prior to the acceptance of the K-1 or not, or if we need to wait until were both married? Weve done a bit of reading on it mainly on this site but we can't figure out a definate answer.

If someone could explain that part of the process to me in detail I would appreciate it

Thanks!

[Zee Bee 61]

He will need work authorization and an SSN before he can start working.

You can apply for the EAD after you are married, with the AOS. It takes about 60-90 days.

[Arabella 4]

I asked the same question a few days ago. Here is the thread:

http://www.visajourney.com/forums/index.php?showtopic=191364

[HaPPyFeEt 0]

I have a few questions regarding the K-1 process and working in the United States once its dealt with.

Does the K-1 VISA allow the fiancee to work within the United States once he/she is accepted? Were both unsure if you need to actually file for a work visa or not or if the K-1 is a kind of two in one thing.

I would like to be able to have my fiancee work once he comes over here, but were not sure if he needs to apply for a work VISA prior to the acceptance of the K-1 or not, or if we need to wait until were both married? Weve done a bit of reading on it mainly on this site but we can't figure out a definate answer.

If someone could explain that part of the process to me in detail I would appreciate it

Thanks!

He can obtain a temporary work permit from his POE.(Mine was stamped at JFK). But this is good for 90 days only( it expires when his I-94 expire)You have to research if his POE will give him temp EAD.NOT ALL POINT OF ENTRY stamps you an EAD.

After that, he can apply for SSN exactly 2 weeks after his arrival.(to make sure his name is already in the system)

Reference: my experience.......

[TayRivers 4]

He can obtain a temporary work permit from his POE.(Mine was stamped at JFK). But this is good for 90 days only( it expires when his I-94 expire)You have to research if his POE will give him temp EAD.NOT ALL POINT OF ENTRY stamps you an EAD.

After that, he can apply for SSN exactly 2 weeks after his arrival.(to make sure his name is already in the system)

Reference: my experience.......

The above is no longer correct. A K1 visa holder is no longer work authorized for the 90 days that the I-94 is valid. The new requirements for completig the I-9 that every new employee has to do no longer allows a K1 to work with a temp EAD stamp on the I-94. This now only applies to people with a work visa where a specific employer is named.

As others have said he will need to wait until after the marriage and then file for EAD along with the AOS.

[HaPPyFeEt 0]

He can obtain a temporary work permit from his POE.(Mine was stamped at JFK). But this is good for 90 days only( it expires when his I-94 expire)You have to research if his POE will give him temp EAD.NOT ALL POINT OF ENTRY stamps you an EAD.

After that, he can apply for SSN exactly 2 weeks after his arrival.(to make sure his name is already in the system)

Reference: my experience.......

The above is no longer correct. A K1 visa holder is no longer work authorized for the 90 days that the I-94 is valid. The new requirements for completig the I-9 that every new employee has to do no longer allows a K1 to work with a temp EAD stamp on the I-94. This now only applies to people with a work visa where a specific employer is named.

As others have said he will need to wait until after the marriage and then file for EAD along with the AOS.

Really???? LOL and I was never updated! Sorry TayRivers....I guess you have to wait until you get your EAD along with your AOS.

[Gary and Alla 3,694]

I have a few questions regarding the K-1 process and working in the United States once its dealt with.

Does the K-1 VISA allow the fiancee to work within the United States once he/she is accepted? Were both unsure if you need to actually file for a work visa or not or if the K-1 is a kind of two in one thing.

I would like to be able to have my fiancee work once he comes over here, but were not sure if he needs to apply for a work VISA prior to the acceptance of the K-1 or not, or if we need to wait until were both married? Weve done a bit of reading on it mainly on this site but we can't figure out a definate answer.

If someone could explain that part of the process to me in detail I would appreciate it

Thanks!

He can obtain a temporary work permit from his POE.(Mine was stamped at JFK). But this is good for 90 days only( it expires when his I-94 expire)You have to research if his POE will give him temp EAD.NOT ALL POINT OF ENTRY stamps you an EAD.

After that, he can apply for SSN exactly 2 weeks after his arrival.(to make sure his name is already in the system)

Reference: my experience.......

Not any more. The form I-9 has been changed as of 2-2-09 and enforced as of 4-15-09 and no longer allows the temporary employment stamp to be used unless it is for a specific work visa for a specific job. K-1s now have to wait until receiving and EAD or Green Card to work. It is possible, but fairly worthless, to apply for an EAD even before marriage, even before AOS. It will cost you $340, it will be good only for the period of your I-94 and may, or may not, be recived before the I-94 expires. Best advice is to get married, then file AOS together with the EAD for one low price.