When can a K-1 visa holder legally work?

[Robor007 0]

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment). I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

[Allie&Leo 0]

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment). I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

From what I have been told, she can work till you are married. Once you are married she is not legally allowed to work until she has the EAD. I think you might owe him $20.

[seldi 1]

I thought you had to apply for EAD right away before the 90 days expired, regardless of whether you've been married or not ?

[bebop + rocksteady 0]

It is possible at some POE to get an EAD stamp onto your passport when you enter the country, and therefore you'd be able to work for 90 days (that's how long it's valid for). And therefore you could work before you were married.

Cass (bebop the great)

[Robor007 0]

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment). I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

From what I have been told, she can work till you are married. Once you are married she is not legally allowed to work until she has the EAD. I think you might owe him $20.

Hmmm... Well I would be talking about post marriage. IMO there's no point in looking for a job, applying, interviewing, getting it, training, working, then having to quit.

It is possible at some POE to get an EAD stamp onto your passport when you enter the country, and therefore you'd be able to work for 90 days (that's how long it's valid for). And therefore you could work before you were married.

Cass (bebop the great)

I read about that before in the guides here. From what I understand it's only given at JFK airport and not always given. My fiancee will be flying into TPA (Tampa) so this wouldn't be an option. I mentioned that to him during our conversation as well.

[UmmSqueakster 54]

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment).

I believe that he may be technically right, but practically wrong. Yes, the I-94 for a K-1 allows the fiance to work for 90 days after arriving in the US. Howeva, one needs proof of this, and needs to get an EAD at the port of entry or by applying for it. The only POE that offers that is JFK. Add to that the need for a SSN, which can take a few weeks to a month or more and the 90 day temporary EAD is practically useless.

I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

These are 2 different EADs you guys are talking about. The one you are refering to is the year EAD applied for when you adjust status after marriage. He is talking about the temporary one that is all but useless and obselete due to the fact that almost no K-1 immigrant can get it when entering the US.

So, I'd say you split the difference and neither of you owes either one any money.

[bebop + rocksteady 0]

Well, the EAD stamp from the POE is valid for 90 days. And so if you got married on the first day of entering the U.S. on the visa (as in, went straight from the airport, got a marriage license, and got married) you COULD techincally get your marriage license in enough time to send it in and get approved for your EAD/SSN before the first stamp expired (therefore staying at your job continuously). BUT, who does that? And that's saying that you'd get your EAD within a reasonable time. Which, as we know with USICS, is never a guarantee.

Cass (bebop the great)

Hmmm... Well I would be talking about post marriage. IMO there's no point in looking for a job, applying, interviewing, getting it, training, working, then having to quit.

[Yodrak 7]

Robor,

Who is correct is a question of semantics - how the bet was actually worded.

During the K1 period the alien has employment authorization incident to status as a K1. However, an employer cannot hire an alien without seeing a document from the USCIS specifically showing that the alien has employment authorization.

So, most K1s can legally work but an employer cannot hire them. Those K1s who came through one of the few POE that will put a stamp on their I-94 indicating employment authorization, or who submit an I-765 as an (a)(6) quickly enough to have it acted upon while they are still a K1, can be hired. (They will also need to apply for a SS# if they don't already have one in order for an employer to hire them.)

[EDIT: Clarification to this post - if a person is EA (and a K1 is, for 90 days after entry), an employer needs to see that the EAD has been applied for within 3 days and the EAD itself within 90 days. So a K1 who did not get the stamp on entry can be hired as soon as they submit an I-765, they don't have to wait until the EAD arrives (if it ever does) if an employer is willing to hire them.]

Yodrak

I have a bet with a friend. We were talking about the K-1 process and the topic of working came up. I said my fiancee couldn't legally work when she arrives with her K-1 visa. He said I'm wrong and she can legally work as soon as she arrives (he said her I-94 allows employment). I said nope, he's wrong and referenced this site and seeing this question asked before with the answer being (if I remember correctly) between 60 and 90 days. I searched for that topic and came up empty. I looked at the guides and I can't find a definite answer. If I understand it right we need to marry first then she would need to apply for a EAD and wait until that is approved before working. Who is correct? I think my friend owes me $20.

Edited August 15, 2006 by Yodrak

[BJZags 17]

Can someone bottom-line the work authorization process for me for a K1 beneficiary AFTER the marriage and AFTER AOS to "conditional pem resident." What must happen, what forms must be filled-out for her to work? I thought I read somewhere that a perm. resident or even a "conditional perm. res." has the legal write to work in the US, which would mean only a SS# is needed?

[john_and_marlene 162]

It is possible at some POE to get an EAD stamp onto your passport when you enter the country, and therefore you'd be able to work for 90 days (that's how long it's valid for). And therefore you could work before you were married.

Cass (bebop the great)

Marriage does not change the terms/conditions of the I-94 or K1 status.

[UmmSqueakster 54]

Can someone bottom-line the work authorization process for me for a K1 beneficiary AFTER the marriage and AFTER AOS to "conditional pem resident." What must happen, what forms must be filled-out for her to work? I thought I read somewhere that a perm. resident or even a "conditional perm. res." has the legal write to work in the US, which would mean only a SS# is needed?

As outlined eloquently in the guides, you must apply for an EAD while filing for your AOS to work prior to getting your green card. Getting the EAD can take 90+ days.

[Robor007 0]

Can someone bottom-line the work authorization process for me for a K1 beneficiary AFTER the marriage and AFTER AOS to "conditional pem resident." What must happen, what forms must be filled-out for her to work? I thought I read somewhere that a perm. resident or even a "conditional perm. res." has the legal write to work in the US, which would mean only a SS# is needed?

As outlined eloquently in the guides, you must apply for an EAD while filing for your AOS to work prior to getting your green card. Getting the EAD can take 90+ days.

From that link..

"In most cases, your spouse will get their Employment Authorization Document approved and issued in 45 to 90 days."

I think that's the answer I was looking for. Thanks everyone for the input.

[meauxna 15]

Can someone bottom-line the work authorization process for me for a K1 beneficiary AFTER the marriage and AFTER AOS to "conditional pem resident." What must happen, what forms must be filled-out for her to work? I thought I read somewhere that a perm. resident or even a "conditional perm. res." has the legal write to work in the US, which would mean only a SS# is needed?

After AOS success, the beneficiary's new status is Permanent Resident. If married for less than 2 years when they get this status, they have conditions, but that is the only difference. They are fully authorized to live, work and travel in/out of the US, using their Green Card (I-551) as evidence.

Ideally, a K-1 who is married and completed AOS will already have a Social Security number. She should apply for this in her first 76 days in the US; see posts by mdyoung for specific details and tips (oh yeah, the Guide, too).

The links below explain all the work permission officialese as well.

From the thread Arriving in America, The POE Drill:

A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751) and the pinned thread at the top of the Removing Conditions Forum here at VJ: http://www.visajourney.com/forums/index.php?showtopic=310.

I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.

Now That You Are A Permanent Resident

http://uscis.gov/graphics/howdoi/PermRes.htm

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

http://uscis.gov/graphics/howdoi/remcond.htm

Welcome to the United States:

A Guide for New Immigrants

http://uscis.gov/graphics/citizenship/imm_guide.htm

[Yodrak 7]

Robor,

Point to ponder - is that information as accurate today as it was the day it was written? (assuming that it was accurate at that time)

Yodrak

From that link..

"In most cases, your spouse will get their Employment Authorization Document approved and issued in 45 to 90 days."

I think that's the answer I was looking for. Thanks everyone for the input.

Edited August 15, 2006 by Yodrak

[Robor007 0]

Robor,

Point to ponder - is that information as accurate today as it was the day it was written? (assuming that it was accurate at that time)

Yodrak

From that link..

"In most cases, your spouse will get their Employment Authorization Document approved and issued in 45 to 90 days."

I think that's the answer I was looking for. Thanks everyone for the input.

That's a good point. I guess there's no definite answer because it depends on the situation. We've got a long while before we will need a definite answer and I'm not too worried about the $20 bet. I think I won but I'm not going to hold him to it. If he thinks he won I'm going to lay the burden of proof on him.