working?

[catilina 0]

So right now we're waiting for the NOA2 for our I-129F, and I was just starting to look at the next steps for my fiancé. We're planning on getting legally married as soon as he gets here, but then, will he have to wait for like 3 months while the AOS is processed before being able to legally work? I can support us for a while, but >3 months of processing while he sits around by himself is just ridiculous!

Am I missing something? Is there a way to get an EAD soon after getting married? Help! I want him to be able to work so we can actually save some money for the wedding next August!

Thanks in advance...

[gmjdmj 2]

I agree that it is ridiculous as well. I have tried to find information on this and what I have found is that k-1 visa holders used to be able to get a stamp(temporary work permit) in their passport that would allow them to work if they flew through JFK airport upon entry into the US but now the I-9 form, which was changed in Feb of this year does not allow that anymore and he will be required to get an EAD. Right now, it is taking the USCIS about 60 days to approve them after your AOS is filed. I still cannot get a confirmed answer on this but so far that is what I have found....

[Gary and Alla 3,696]

So right now we're waiting for the NOA2 for our I-129F, and I was just starting to look at the next steps for my fiancé. We're planning on getting legally married as soon as he gets here, but then, will he have to wait for like 3 months while the AOS is processed before being able to legally work? I can support us for a while, but >3 months of processing while he sits around by himself is just ridiculous!

Am I missing something? Is there a way to get an EAD soon after getting married? Help! I want him to be able to work so we can actually save some money for the wedding next August!

Thanks in advance...

You are exactly correct. The K-1 is not authorized to work until he has an EAD or Green card. The "employment authorized" stamp sometimes given to K-1s at the POE is of no value without a work visa and does not meet the form requirements of the I-9 required by all employers.

As soon as you are married, he can file for the EAD with the AOS there is no additional charge over and above the usual $1010 fee for the AOS. When he arrives, get married ASAP and file for the AOS and EAD. EAD is usually issued within 90 days.

You have submitted (or will submit) an affidavit of support stating you can support your fiance. You have (had) the option to pursue a CR-1 visa which allows work immediately upon entry, It is not ridiculous for the government to do exactly as advertised in the visa restrictions. You choose your deal and live with it. The time to look at the "next steps" is before petitioning. You can withdraw the petition, lose the $455, get married (here or there) and file for a CR-1 which will allow him to work immediately on arrival. Please read the guides...all the way to the end.

Good luck

[Gary and Alla 3,696]

I agree that it is ridiculous as well. I have tried to find information on this and what I have found is that k-1 visa holders used to be able to get a stamp(temporary work permit) in their passport that would allow them to work if they flew through JFK airport upon entry into the US but now the I-9 form, which was changed in Feb of this year does not allow that anymore and he will be required to get an EAD. Right now, it is taking the USCIS about 60 days to approve them after your AOS is filed. I still cannot get a confirmed answer on this but so far that is what I have found....

What you found is wrong. Sort of. The general idea is right, details are wrong.

The K-1 is not and never has been a work authorized visa. Some POEs, notably JFK but others also, give an "emloyment authorized" stamp to just about everybody entering the USA on any type visa. This is because this stamp has no value without a specific work visa. They gave one to our 13 year old K-2 son when he arrived.

Until February there was a vague requirement of the I-9 form that could be interpreted as allowing any person with a valid I-94 and this stamp to work. Many K-1s fell into this crack and indeed did work. Not because it is was "legal" but because it was vague and unenforceable. Starting in February Jant Napalitano cleared this up and the Obama administration closed the "loophole" which had existed for years. So far, this is the ONLY "immigration reform" he has implemented.

The SS administration also classifies the K-1 as a work authorized visa. The SSA does not make the determination who can work. DHS does this. That is why K-1 SS cards have, and always had, the stamp "not valid for work without DHS authorization" SSA classifies it this way to trip a default in their system to allow a K-1 to get an SSN. Why? Because until last year K-1s had to have a SSN in some places to get a marriage lisence and meet their obligation to get married. This is why K-1s can get an SSN and K-2s, K-3s, and K-4s cannot. The Supreme Court ruled last year that SSNs cannot be required for marriage lisences. When the SSA catches up to current events, they will likely change the K-1 status and end them getting SSNs also.

The K-1 has never been advertised or promoted as a work visa. The CR-1 fulfills that purpose and always has. People should read about the features of each visa and make a decision based on what best fits their needs. Often the decision is based on "which is fastest" which is usually a very poor criteria for choosing a visa type.

For a K-1 visa, the OP will be required to submit TWO affidavits of support documenting she can support her intended husband. One at the consulate in order to be iussued an visa, and one here in order to qualify for the AOS and EAD. Presumably then she can support her husband, if not the visa will not be issued and/or the EAD will not be issued. There is also higher fees associated with a K-1 than a CR-1, about $600 more. Each has its good and bad points, each has its price, both in money and procedures. The K-1 is fastest but you are only half done when he arrives. Instead of being overjoyed that your fiance gets to finish his AOS here, instead of overseas and be with you sooner...K-1 petitioners often complain about the advantage they enjoy. Go figure.

Making statements that something is "ridiculous" after having made a choice and paying for it is, well, ridiculous.

[catilina 0]

Thanks for the information. You obviously know the system very well.

Perhaps I missed something when researching, but isn't the CR1 visa for bringing in a spouse? And as far as I could tell, there was no place in the world where we would be allowed to get married without first getting a visa allowing us to get married there. So how would that have helped?

Secondly, the reason we did not apply for the work permit during the K1 was to save money. I have a decent job, but $1010 plus $455 I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

It's like the government is telling you only to marry the people who have the same passport as you or suffer enormous consequences. I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months. Oh, and I also think it's insane that it takes more than twice the time to process a visa as the visa lasts. Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

Thanks again for your help.

[baron555 934]

Again, I am being punished for falling in love with somebody who is not American.

No, you are only punishing yourself for thinking that your love for someone that is not from this country entitles you to special favor regarding their immigration to here.

We can fall in love with anyone in the world. Now, getting them authorization to come here to live is a completely different story.

And, all the costs are known up front.

[JimVaPhuong 4,865]

Thanks for the information. You obviously know the system very well.

Perhaps I missed something when researching, but isn't the CR1 visa for bringing in a spouse? And as far as I could tell, there was no place in the world where we would be allowed to get married without first getting a visa allowing us to get married there. So how would that have helped?

Secondly, the reason we did not apply for the work permit during the K1 was to save money. I have a decent job, but $1010 plus $455 I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

It's like the government is telling you only to marry the people who have the same passport as you or suffer enormous consequences. I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months. Oh, and I also think it's insane that it takes more than twice the time to process a visa as the visa lasts. Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

Thanks again for your help.

You don't need a special visa to get married. He could come here on the visa waiver program, you could get married, you could apply for a CR1, and he could return to the UK before his visit term expires to wait for the CR1 processing. You could also go to the UK, get married, and return to the US to apply for the CR1. No special visa is needed to get married. A special visa is needed to derive immigrant status from the marriage. It also costs a lot less than $1464 for a CR1. Maybe you could have investigated this option a little more before you applied for a K1.

Most illegal immigrants don't come to the US for love, nor to avoid having to pay the costs of immigration. They come for the economic opportunities that are available in the US and not available in their countries, and they come illegally because they have no legal path to immigrate to the US.

The government is not punishing you are anyone else for falling in love with a foreigner. They're only asking you to pay the expenses of processing an immigrant into the US. Family immigration is not paid for by the taxpayers - it's paid for by the families that sponsor immigrants. It wouldn't be fair to ask the taxpayers to pay for this.

[payxibka 10,048]

You could also go to the UK, get married,

AFAIK, not quite that easy for a non-resident foreigner to get married in the UK...

[Chica Yeyé 41]

When folks fill in the immigration forms, they know beforehand what the prices are and might want to really prepare themselves for such an onerous process (yes, it svcks, but it is what it is).

And this has absolutely nothing to do with undocumented aliens.

[Gary and Alla 3,696]

Thanks for the information. You obviously know the system very well.

Perhaps I missed something when researching, but isn't the CR1 visa for bringing in a spouse? And as far as I could tell, there was no place in the world where we would be allowed to get married without first getting a visa allowing us to get married there. So how would that have helped?

Secondly, the reason we did not apply for the work permit during the K1 was to save money. I have a decent job, but $1010 plus $455 I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

It's like the government is telling you only to marry the people who have the same passport as you or suffer enormous consequences. I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months. Oh, and I also think it's insane that it takes more than twice the time to process a visa as the visa lasts. Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

Thanks again for your help.

Correct, the CR-1 is for a foreign spouse. Your fiance from UK can enter the US under the visa waiver program (or you go to UK) at any time and get married, no visa required. He can then return to the UK and await the CR-1 being issued, during which time he can visit and stay for the allowed time, usually 180 days.

The fees, in my opinion are very reasonable. Given that it allows permanent residency and an abbreviated path to citizenship $1010, or $1465 if you must, is a bargain. I paid nearly $900 for a brake job on my car which will have to be repeated, most likely, before my wife gets her 10 year green card. I, in no way, consider what I did to marry my wife to be "enormous consequences" and many people pay more for a bar tab at a reception to marry the girl next door. We got married on our front lawn by the JP. The day we went for our interview there were 6 fiancee visa applicants and perhaps 400 applicants for other visas, most of them denied, and most of them would gladly pay $1400 for the opportunity my wife had.

In fact OUR government has one of the most liberal policies regarding immigration of spouses and fiancees, most simply do not offer fiancee visas, and we are one of few countries that actually allow citizenship this way, and in only 3 years to boot!

A lot of your frustration comes from a lack of knowledge. The visa "lasts" until it is used, then it is cancelled, such is the purpose of a fiancee visa. A CR-1 "lasts" much longer. Again, my wife arrived almost exactly 6 months to the day from when we filed the petition. My son, who married an American woman took more than a year to plan their wedding. It is all relative. 6-8 months in a lifetime relationship is nothing. That said, improved technology to shorten processing time would help, but don't hold your breath. The government has no competition in visa issuance and no incentive to go any faster than needed to prevent a general population revolt. Visas will never be a top priority of our government, but I am sure they will be much faster and efficient in running our healthcare...what d'ya think?

Expect the fees to increase in the next few months, 30-50%, probably before the middle of 2010. All fees will be increased across the board.

[Gary and Alla 3,696]

Thanks for the information. You obviously know the system very well.

Perhaps I missed something when researching, but isn't the CR1 visa for bringing in a spouse? And as far as I could tell, there was no place in the world where we would be allowed to get married without first getting a visa allowing us to get married there. So how would that have helped?

Secondly, the reason we did not apply for the work permit during the K1 was to save money. I have a decent job, but $1010 plus $455 I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

It's like the government is telling you only to marry the people who have the same passport as you or suffer enormous consequences. I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months. Oh, and I also think it's insane that it takes more than twice the time to process a visa as the visa lasts. Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

Thanks again for your help.

And say what you will, but this is the truth...

When I proposed to my wife, I had no idea what a K-1 visa was, or even knew it existed. I never intended to meet my wife, it was an accident, I never intended to fall in love with a foreign woman, it just happened. I did not go looking for a wife, it was a completely unplanned thing. The thought never crossed my mind. Stupid? Not really. I didn't need to know that to propose. And I never ONCE had any doubt I could do it because I am a US citizen and US citizens can marry anyone they want anywhere in the world and bring them home...of THAT I was sure, because that is what being in a free country means. I just needed to sort out the details. THAt kind of confidence and freedom is worth what it costs.

[Chica Yeyé 41]

And say what you will, but this is the truth...

When I proposed to my wife, I had no idea what a K-1 visa was, or even knew it existed. I never intended to meet my wife, it was an accident, I never intended to fall in love with a foreign woman, it just happened. I did not go looking for a wife, it was a completely unplanned thing. The thought never crossed my mind. Stupid? Not really. I didn't need to know that to propose. And I never ONCE had any doubt I could do it because I am a US citizen and US citizens can marry anyone they want anywhere in the world and bring them home...of THAT I was sure, because that is what being in a free country means. I just needed to sort out the details. THAt kind of confidence and freedom is worth what it costs.

Bullsh1t. You knew it. You planned it. You are evil. There, I said it

sorry, couldn't resist....

[Gary and Alla 3,696]

And say what you will, but this is the truth...

When I proposed to my wife, I had no idea what a K-1 visa was, or even knew it existed. I never intended to meet my wife, it was an accident, I never intended to fall in love with a foreign woman, it just happened. I did not go looking for a wife, it was a completely unplanned thing. The thought never crossed my mind. Stupid? Not really. I didn't need to know that to propose. And I never ONCE had any doubt I could do it because I am a US citizen and US citizens can marry anyone they want anywhere in the world and bring them home...of THAT I was sure, because that is what being in a free country means. I just needed to sort out the details. THAt kind of confidence and freedom is worth what it costs.

Bullsh1t. You knew it. You planned it. You are evil. There, I said it

sorry, couldn't resist....

Busted! She was working as a dominatrix at an internet porn site called Fgrimini which means "Give it to me!" in Ukrainian. She was so bad to me I couldn't resist faling in love! We listed her as self employed and "customer service" on the G-325a Flew right through the consulate interview but I DID see her scribbling down her phone number to the security guys outside.

In the visa game...you get what you pay for. I think it is a pretty good deal myself. MUCH cheaper than $2.98 per minute, THAT was getting expensive.

Edited October 13, 2009 by Gary and Alla

[MouadsWife 161]

I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months.

Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

I for once agree with Gary.. lol Wow I never thought I'd say that! "Im sorry I couldnt resist!" Sorry.. dont mean any harm, just trying to be funny. Anyhooo getting to the subject... I agree with Gary. When I met Mouad I did not expect to fall in love. I did not know anything about Visa's or visa fees. I had alot to learn so did alot of research. I found out all I could about this, and which route is the best way to go. K1 or K3. Bottom line, fees didnt matter,.. nothing mattered to me as long as I was able to spend my life with him. I know he will not be able to work for a while once he gets here. I know I will have to support him. But is that a problem? No. Not to me. Who supports who is not an issue and should never be an issue. We do what we do for the person that we are with because we love them. Im not going to concern myself with paying for a big elaborat wedding because it doesnt matter. Just being ablt to lay my head on his shoulder at night is worth more than his being able to work, worth more than the big wedding. Heres the bigger picture... and I tell it to him all the time.... When your life is done and over, and your taking your last breath, what memories will you remember? I gaurantee that you will not remember anything financial, you wont remember that big house you saved for for 20 years, all the credit cards you maxed out to have material things, you wont remember that your car is nicer than the neighbors, and you wont remember that elaborate wedding you spent thousands on. What I will remember of Mouad is his eyes, what a deep brown they are. The way he looked at me and smiled. The times we lay together watching movies, and how he made the best eggs in the world. Its all in the little things. Dont worry about how long it will take for him to work to save for your wedding, the fees. Its all just little stuff that doesnt matter in life. I dont care how much it costs to bring him here, dont care about the visa fees, or if we ate beans and rice for the rest of our lives. That may sound naive, and maybe ignorant. But Im 41 years old, and after living the life I have lived, and learning the lessons I have learned, you learn what is most important. And its memories and moments. Im saying this with all the love I can, and I hope you get atleast a little something out of it. I dont mean any judgements. (((Hugs)))

Edited October 13, 2009 by MouadsWife

[Gary and Alla 3,696]

I think is an insanely high price to pay to try and be with somebody you love, who you have been struggling to see for 5+ years. It is no wonder there are so many illegal immigrants here.

I despise the system and do, in fact, think it is ridiculous to ask an average American to not only pay $1464, but to also support their spouse for up to three months.

Again, I am being punished for falling in love with somebody who is not American.

We'll survive those months of wait for our AOS and EAD, and I'll make sure to save as much money as I possibly can before he gets here, but I'm pretty sure we will be eating a lot of brown rice and beans...

I for once agree with Gary.. lol Wow I never thought I'd say that! "Im sorry I couldnt resist!" Sorry.. dont mean any harm, just trying to be funny. Anyhooo getting to the subject... I agree with Gary. When I met Mouad I did not expect to fall in love. I did not know anything about Visa's or visa fees. I had alot to learn so did alot of research. I found out all I could about this, and which route is the best way to go. K1 or K3. Bottom line, fees didnt matter,.. nothing mattered to me as long as I was able to spend my life with him. I know he will not be able to work for a while once he gets here. I know I will have to support him. But is that a problem? No. Not to me. Who supports who is not an issue and should never be an issue. We do what we do for the person that we are with because we love them. Im not going to concern myself with paying for a big elaborat wedding because it doesnt matter. Just being ablt to lay my head on his shoulder at night is worth more than his being able to work, worth more than the big wedding. Heres the bigger picture... and I tell it to him all the time.... When your life is done and over, and your taking your last breath, what memories will you remember? I gaurantee that you will not remember anything financial, you wont remember that big house you saved for for 20 years, all the credit cards you maxed out to have material things, you wont remember that your car is nicer than the neighbors, and you wont remember that elaborate wedding you spent thousands on. What I will remember of Mouad is his eyes, what a deep brown they are. The way he looked at me and smiled. The times we lay together watching movies, and how he made the best eggs in the world. Its all in the little things. Dont worry about how long it will take for him to work to save for your wedding, the fees. Its all just little stuff that doesnt matter in life. I dont care how much it costs to bring him here, dont care about the visa fees, or if we ate beans and rice for the rest of our lives. That may sound naive, and maybe ignorant. But Im 41 years old, and after living the life I have lived, and learning the lessons I have learned, you learn what is most important. And its memories and moments. Im saying this with all the love I can, and I hope you get atleast a little something out of it. I dont mean any judgements. (((Hugs)))

Glad you agree with me but did you have to be so mushy?