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scjones

When can my fiance work?

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I haven't been able to figure out when my fiance can work in the US after she enters with the K-1 Visa. Do we have to get married first or can she work before that? Any help appreciated, thanks.

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There are 2 answers to this question.

A K1 holder is eligible to APPLY for an EAD (Employment Authorization Document) upon entering the US, even before marriage. However, this costs $340 and is only valid through the 90 days of their K1, and generally takes almost that long to get anyway, so it's really a waste of money since you'd have to quit working till your new EAD comes in after you file for your AOS.

If you wait and apply for your EAD at the time that you file for your AOS, it doesn't cost anything extra, and you won't have the 90-day restriction on it that the temporary EAD would. That seems to be the best option for most people, since $340 is a big chunk of change when you're already forking so much over for the K1 and GC.


Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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Please correct me if I am wrong. I remember reading here that if you ask nicely at the POE, the Immigration Officer can issue an EAD on the spot. I did not get the sense that you had to pay anything for it if received in this way. If I am incorrect, please let me know.


7-30-07 - Met in Santa Marta, Colombia

9-19-08 - Engaged

7-13-10 - I-129F sent by USPS Expressmail to VSC;

10-18-10 - NOA2!!!!!!!!!! (Received in hand 10-22-10)

11-12-10 - Sent email to Embassy asking about petition; response "Petition rec'd; send in documents"; sent same day

11-24-10 - Called the Department of State; interview has been scheduled

11-29-10 - Package 3 received by beneficiary

01-19-11 - Interview - VISA APPROVED!!!!!!!!!!!

01-27-11 - Passport received; visa in hand

02-08-11 - POE - Fort Lauderdale, Fla MISSED FLIGHT; 02-10-11 - POE second time's the charm. Easy POE. Welcome to the USA.

03-04-11 - Married

AOS

05-08-11 - Mailed out I-485, I-765 & I-131;

05-16-11 - Text & email msgs with Receipt Number

05-17-11 - Applied for Expedited AP as Victoria's mother was very ill; 05-18-11 - Picked up AP document

05-20-11 - Victoria returns to Colombia; NOA1 for all 3 forms arrive

06-03-11 - Text message "Case now updated"; RFE 06-07-11 - RFE arrives for 2010 Tax Return

06-08-11 - Text message "Case now updated"; Post Office returned a letter that was sent by USCIS; 06-09-11 - Issue resolved

06-14-11 - RFE response sent; 06-21-11 - Text message "Case now updated"; RFE response under review

06-29-11 - Text message "Case now updated"; Case transferred to CSC

08-30-11 - Victoria returns to US

08-31-11 - Biometrics done; Text message - "EAD Card Production ordered"

09-11 - Case transferred back from CSC

11-22-11 - Interview in Albany Field Office. AOS APPROVED.

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Due to changes in the immigration laws, that EAD stamp at the POE (JFK in NY is the only one that still gives it) is basically invalid. Without the EAD card or green card you wouldn't be able to use it.


Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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Please correct me if I am wrong. I remember reading here that if you ask nicely at the POE, the Immigration Officer can issue an EAD on the spot. I did not get the sense that you had to pay anything for it if received in this way. If I am incorrect, please let me know.

JFK airport in New York used to stamp passports with a temporary work authorization (don't know if they still do), but those stamps are no longer valid for work. You need an actual EAD card to work legally in the US, and you can't get those at a port of entry.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Yeah, what they said. :yes:


Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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Thanks for the information. One less thing to think about when entering.


7-30-07 - Met in Santa Marta, Colombia

9-19-08 - Engaged

7-13-10 - I-129F sent by USPS Expressmail to VSC;

10-18-10 - NOA2!!!!!!!!!! (Received in hand 10-22-10)

11-12-10 - Sent email to Embassy asking about petition; response "Petition rec'd; send in documents"; sent same day

11-24-10 - Called the Department of State; interview has been scheduled

11-29-10 - Package 3 received by beneficiary

01-19-11 - Interview - VISA APPROVED!!!!!!!!!!!

01-27-11 - Passport received; visa in hand

02-08-11 - POE - Fort Lauderdale, Fla MISSED FLIGHT; 02-10-11 - POE second time's the charm. Easy POE. Welcome to the USA.

03-04-11 - Married

AOS

05-08-11 - Mailed out I-485, I-765 & I-131;

05-16-11 - Text & email msgs with Receipt Number

05-17-11 - Applied for Expedited AP as Victoria's mother was very ill; 05-18-11 - Picked up AP document

05-20-11 - Victoria returns to Colombia; NOA1 for all 3 forms arrive

06-03-11 - Text message "Case now updated"; RFE 06-07-11 - RFE arrives for 2010 Tax Return

06-08-11 - Text message "Case now updated"; Post Office returned a letter that was sent by USCIS; 06-09-11 - Issue resolved

06-14-11 - RFE response sent; 06-21-11 - Text message "Case now updated"; RFE response under review

06-29-11 - Text message "Case now updated"; Case transferred to CSC

08-30-11 - Victoria returns to US

08-31-11 - Biometrics done; Text message - "EAD Card Production ordered"

09-11 - Case transferred back from CSC

11-22-11 - Interview in Albany Field Office. AOS APPROVED.

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Ok so I'm confused once again, this is so much to take in. So we get married within 90 days of her arrival, how long after that should I expect until she can work in the US? Thanks for any help.

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It roughly takes about 80-90 days to get your EAD after you file for your AOS with your EAD application attached. This will usually come BEFORE your green card from everything I've read so far. Your fiance will not be able to work until then.


Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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I too am a little confused, i thought i had it all planned, Apply for SSN after two weeks, then get married then apply for AOS and EAD, should have EAD in about 70 days as per timelines.

Until.....I went to Social Security place today and she said ok the number will come to you in 2 weeks and then you can work. I was like really, i thought we had to do a EAD, she said no you can go ahead and work. Well my Fiance is extremely happy and i'm all confused.

Anyone else experienced this and should i just ignore her and carry on with what i was going to do?

Zoe


Event Date

Service Center : California Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-11-23

I-129F NOA1 : 2009-11-27

I-129F NOA2 : 2010-02-25

NVC Received : 2010-03-01

NVC Left : 2010-03-04

Requested police report by post : 2010-03-08

Consulate Received : 2010-03-09

Medical Booked 2010-03-30

Packet 3 Received : 2010-03-24

Police report received : 2010-03-25

Packet 3 Sent : 2010-03-25

Packet 4 Received : 2010-04-24

Interview Date : 2010-05-11

Interview Result :Approved

Visa Received : 2010-05-19

US Entry : 2010-06-18

Marriage : 2010-07-24

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 90 days from your NOA1 date.

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I too am a little confused, i thought i had it all planned, Apply for SSN after two weeks, then get married then apply for AOS and EAD, should have EAD in about 70 days as per timelines.

Until.....I went to Social Security place today and she said ok the number will come to you in 2 weeks and then you can work. I was like really, i thought we had to do a EAD, she said no you can go ahead and work. Well my Fiance is extremely happy and i'm all confused.

Anyone else experienced this and should i just ignore her and carry on with what i was going to do?

Zoe

Hi there,

I don't think that's the case. Perhaps the person you were speaking to is ill informed. When your fiance receives the social security number, the card should say 'valid for work only with DHS authorization' which is your EAD. Your original understanding is more accurate.

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Hi there,

I don't think that's the case. Perhaps the person you were speaking to is ill informed. When your fiance receives the social security number, the card should say 'valid for work only with DHS authorization' which is your EAD. Your original understanding is more accurate.

I shall wait for the Card in the post and see what happens, We are going to be busy with the wedding over the next two weeks anyway.

Thanks for your help.


Event Date

Service Center : California Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-11-23

I-129F NOA1 : 2009-11-27

I-129F NOA2 : 2010-02-25

NVC Received : 2010-03-01

NVC Left : 2010-03-04

Requested police report by post : 2010-03-08

Consulate Received : 2010-03-09

Medical Booked 2010-03-30

Packet 3 Received : 2010-03-24

Police report received : 2010-03-25

Packet 3 Sent : 2010-03-25

Packet 4 Received : 2010-04-24

Interview Date : 2010-05-11

Interview Result :Approved

Visa Received : 2010-05-19

US Entry : 2010-06-18

Marriage : 2010-07-24

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 90 days from your NOA1 date.

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Hi there,

I don't think that's the case. Perhaps the person you were speaking to is ill informed. When your fiance receives the social security number, the card should say 'valid for work only with DHS authorization' which is your EAD. Your original understanding is more accurate.

Correct - the person you talked to didn't know what they were talking about. The lady that did Sifa's SSN also told him that he could work once he got the SS card which isn't true. The card came in a week or so later and says "Valid for Work Only With DHS Authorization" just like bluenoser said. It's amazing sometimes how little government workers know about these things. You/your fiance won't be able to work until they get the EAD or the green card after applying for AOS.


K-1
09/09/09 - NOA1 :: 10/20/09 - NOA2 :: 01/11/10 - Interview :: 02/24/10 - POE :: 04/10/10 - Wedding

AOS
05/17/10 - NOA :: 06/08/10 - Transferred to CSC :: 07/02/10 - Biometrics :: 07/16/10 - EAD/AP Approved :: 10/26/10 - AOS Approved

ROC
08/16/12 - NOA :: 09/13/12 - Biometrics :: 04/12/13 - Approved :: 04/19/13 - GC received


Naturalization
08/22/13 - NOA :: 09/20/13 - Biometrics :: 01/30/14 - Interview - Approved :: 02/27/14 - Oath

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1. Get married

2. Apply for the Social Security number ( we did our 2 weeks and 2 days after just to make sure husband was in the system)

3. Apply for AOS - (I-485 Green card, I-751 EAD, I-131 AP (advance parole in case of emergency travel) If you file all 3 together the fee is 1,010.00. Also if you want emails/text messages file the G-1145 document which allows them to do so.

4. They will give you a biometric appt once you they have received your documents. Some places allow walk-in bio's. You need to have the bio letter that uscis issues to you to take with you to the appt., along with passport/visa.

5. Sign up for case status on the uscis.gov website

6. Play the waiting game to be approved or have an interview, or just receive your stuff in the mail without notice.

Your case has a chance of being transferred to CSC (california service center) If this happens, usually no interview and you just continue to wait for your gc, ead, and ap.

Most importantly, read the guides above! They help tremendously!!!!

Good luck, hope this helps things.

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