When can my fiance work?

[scjones 0]

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.

[Dodi 69]

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.

[Robert de Bonda 3]

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.

[Dodi 69]

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.

[JimVaPhuong 4,863]

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York used to stamp passports with a temporary work authorization (don't know if they still do), but those stamps are no longer valid for work.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.

[Dodi 69]

Yeah, what they said.

[Robert de Bonda 3]

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

[scjones 0]

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

Yeah thanks a lot guys, appreciate it.

[scjones 0]

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.

[Dodi 69]

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.

[Closed account 1]

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

[bluenoser77 0]

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.

[Closed account 1]

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.

[katie & sifa 25]

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.

[MRStee 19]

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.