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Tyler_R

Pre-engagement questions

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Hi everyone! :) I've been reading up on the k-1 process the past two days and had the following questions:

I'm at the pre-engagement stage and trying am to get a good sense of what is ahead once I do propose and we apply for a K-1 visa.

So, am I to gather that upon entering the United States on a K-1 Visa I will not be able to work until married and have filed for/received my EAD? And to be clear, an EAD is the "work authorization card" I've seen mentioned?

Is it possible to apply for and obtain a work authorization card before being married? Seeing as my someday-soon-fiancee and I have not "lived together" before we would like to maximize that 90-day period upon entry on the K-1 visa to allay all of our concerns and ensure that we are doing what is best. However, the thought of being with her for up to three months and my not bringing in a single paycheck - plus might not be feasible.

One general question: what is the fastest way to gain work eligibility once in the States on a K-1 Visa?

Thank you in advance for your help! Glad to have this forum as a resource as I embark on this lengthy yet wonderful journey.

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If you are holding off on getting engaged because you don't like the fact that you will have to wait for the process to be complete before you can work, please spend some more time thinking about this arrangement. I thought my husband would have to wait 3 months before he could get a job, but that quickly turned into 6 months. It would have been more, but we did not waste time getting married. I'm glad that the doing things legally for the right reasons worked out for us, because that hard time waiting for the his income to return was somewhat expected and we got through it. Good luck!


Our VisaJourney started July 2009 when I mailed the 129-F

Fiance here February 2010, married 10 days later

GC received in the mail 10-Jun-2010

Able to apply to remove conditions 12-Feb-2012

BABY GIRL BORN JULY 2011!!!

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Sorry, no way to obtain an EAD or 'work authorization' before you move to the US. If you move on a K-1 visa, you MUST have your EAD or green card before you work. Both of these require you to be married before you get it

If you are looking for immediate work when you enter the US, look into the spousal visa

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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First, if you are not SURE, don't apply. The 90 days is to plan a wedding and get settled, not to be sure you are compatible. If you get married ASAP and file AOS ASAP then it will take around 60 days from the day you file. Probably you will be in such a whirlwind from your recent marriage you will want time to relax before you start to work anyways.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Hi everyone! :) I've been reading up on the k-1 process the past two days and had the following questions:

I'm at the pre-engagement stage and trying am to get a good sense of what is ahead once I do propose and we apply for a K-1 visa.

So, am I to gather that upon entering the United States on a K-1 Visa I will not be able to work until married and have filed for/received my EAD? And to be clear, an EAD is the "work authorization card" I've seen mentioned?

Is it possible to apply for and obtain a work authorization card before being married? Seeing as my someday-soon-fiancee and I have not "lived together" before we would like to maximize that 90-day period upon entry on the K-1 visa to allay all of our concerns and ensure that we are doing what is best. However, the thought of being with her for up to three months and my not bringing in a single paycheck - plus might not be feasible.

One general question: what is the fastest way to gain work eligibility once in the States on a K-1 Visa?

Thank you in advance for your help! Glad to have this forum as a resource as I embark on this lengthy yet wonderful journey.

Hi,

You're correct - if you get a K-1 visa you will not be able to work until you have your EAD (which you can do for free at the time you file for adjustment of status - AOS- after you're married).

It is possible to file for the EAD right away when you arrive in the US, however it will cost $380 and generally takes 90 days or so to arrive - plus, the big downside is that the EAD if you do it this way will only be valid for your first 90 days in the US! So it's a complete waste of time and money to do that.

You can wait as long as you like to get married in those 90 days - you can do it on day 3, or day 89 - USCIS don't care! As long as you then submit the AOS documents it is ok. I understand your concerns about not having lived with your fiancée before, but the K-1 is a visa for those fully intending to marry the person who petitioned for them, not to "see how it goes" - as part of the process you will be interviewed and if the officer doing the interview doesn't believe you will get married, they likely will not issue the visa. However, if you have full intent to marry and for some reason you don't end up marrying her, you can always just return home again (just don't stay in the US past the 90th day or you will be in overstay which is not good!).

I came to the US in September on a K-1 and 6 weeks later we got married (Oct. 15th). It was exactly another month before we filed the AOS documents, and I received my EAD on Feb. 4th - I had my AOS interview Feb. 10th and received my green card in the mail on Feb. 19th, so I've never ended up using the EAD apart from one time for ID! What I'm saying is it was almost 3 months after filing for the EAD (along with the other AOS documents) when I received my EAD, and I haven't heard of many people getting them sooner. If you were to come to the US on a K-1, then wait almost until the 90 days are up before marrying and filing, you're looking at more like 6 months (possibly longer) before you can work.

Hope this helps! :star:


Shawn is the Yank, Emi is the Brit.

Late 2000 - We met online

01/04/09 - We became a couple :)

02/27/09 - We met in person for the first time!

09/05/09 - Shawn proposed in London! :)

K-1 Visa Process:

02/05/10 - Petition mailed to CSC

03/31/10 - Petition approved!! Yay!! :)

06/15/10 - Medical in London

08/10/10 - INTERVIEW - VISA APPROVED!

09/03/10 - POE: Philadelphia

10/15/10 - Our Beautiful Wedding!

AOS Process:

11/15/10 - AOS package mailed

12/14/10 - Biometrics

02/10/11 - AOS Interview - APPROVED!!!

02/19/11 - Green card received!

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Don't forget, having an EAD or green card isn't a magical job getter. Depending on the state and your qualifications and how many applicants... you may have a rough time finding a job.. so after you wait 3-6 months to get your documents you may be waiting even longer trying to find a job after you get your documents.

I think you need to think about things maybe wait a little longer if you are not ready to get married and if you guys don't have the funds to do this right now it may not be a good idea.

If your unsure of being married than the CR-1 may not be right for you either.

just for an example it took me over a year to find a job, thats with applying to places like McDonalds and Taco Bell and Subway plus many many others.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Thanks everyone for the prompt, insightful replies! I really appreciate it!

Okay, so I can forget about the EAD for the reason that Shawn & Emi outlined.

I will talk with my to-be fiancee and her mother who entered the US on a k-1 visa - though she, at that time was able to work within two weeks in the States and before getting married with a simple stamp in her passport (which, I've read, they no longer allow). It seems that we will have to decide between a fiancee or spousal visa.

To add, we don't really intend to use the 90 day period as a "trial" but, given the distance and inability to spend more than a few weeks together at a given time it just leaves room to question. I'm sure that between our ever-expanding love for one another and relentless desire to be together the "what-ifs" will dissipate.

Many thanks again. I'll likely be back for more help once I finally pop the question!

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Yes, that 'work authroization' stamp is no longer actually work authorized. Although it is still liberally given, it isn't an acceptable document as outlined on the I-9

Sorry - you cannot work in the US without your EAD or green card

Also when making your decision, k-1 visas are process in Vancouver and Montreal, Spousal visas are ONLY processed in Montreal. Something to think about

oh, and Montreal is terribly backlogged. Look at 8 - 14 months from start to finish of this process

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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