Pre-engagement questions

[Tyler_R 0]

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.

[Jewel-8 21]

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!

[canadian_wife 1,791]

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

[amykathleen2005 441]

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.

[Shawn & Emi 16]

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!

[Inky 1,110]

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.

[Tyler_R 0]

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!

[canadian_wife 1,791]

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

[Tyler_R 0]

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

Thanks for the info! On the plus side, at least I presently live in Montreal... haha