Work once he enters the US

[Sannybel 1]

Hi Everyoen I am curious... I petitioned my fiancee and am wonderign if he can receive a work permit as soon as he enters the US. I have received coflicting information. My co worker tells me her fiancee received a work permit to work for the 90 days before they married. Is this possible?

[Sal and Jay 2]

Hi Everyoen I am curious... I petitioned my fiancee and am wonderign if he can receive a work permit as soon as he enters the US. I have received coflicting information. My co worker tells me her fiancee received a work permit to work for the 90 days before they married. Is this possible?

I am sorry you have been given incorrect information, if having a K1 visa you have to apply for the AOS, EAD and Advance parole, once you get the Ead that will allow someone to work, while you wait for the green card. How quickly you get it depends on how early you file.

[Helen Louise Pile 80]

I am sorry you have been given incorrect information, if having a K1 visa you have to apply for the AOS, EAD and Advance parole, once you get the Ead that will allow someone to work, while you wait for the green card. How quickly you get it depends on how early you file.

You may apply for authorisation to work before getting married and filing AOS.

See I-765 instructions here: http://www.uscis.gov/files/form/i-765instr.pdf

If you apply for this before AOS, you must pay the filing fee of $380. You must then allow time for it to be processed and a card produced, so you can't work right away.

If you get married then file the I-485 (AOS) and include the I-765 (Work authorization) with that application, you will not have to pay the extra filing fee for it.

Good luck!

Edited June 10, 2011 by Helen Louise Pile

[Operator 1,925]

From what I have read some POE's would stamp the I-94 with a temporary EAD for a period of 90 days. It appears as though that practice stopped around 2008 or 2009. Maybe the information you got was just old and not incorrect.

[Janice&Ben 2]

The info wasn't wrong. I don't know that he can GET it immediately but he can definitely APPLY for permission to work after admission into the US even b4 you get married. Here is a copy and paste from USCIS website, www.uscis.gov ; under FAMILY, click on Fiance(e) Visa and you'll find this. Good Luck!!

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

[dindo and patty 20]

It is possible by applying for the work permit as soon as you enter the US. However, it is not recommended because it expires the same time your I-94 expires, which is from 90 days of entry in the US. It takes at least 2 months to receive it, so, it isn't cost effective. Majority of the K-1 visa holders just file the AOS, EAD, & Advance Parole at the same time. Hope this helps.

Hi Everyoen I am curious... I petitioned my fiancee and am wonderign if he can receive a work permit as soon as he enters the US. I have received coflicting information. My co worker tells me her fiancee received a work permit to work for the 90 days before they married. Is this possible?

[Carol & Lenin 16]

Ive asked about this also, there is no clear answer. yes jfk ( although from what i can tell it is the only place that does)still gives the ead stamp according to people who got it recently and yes some people have worked on it (again according to them) some stating there lawyers even said it was ok. Then others will tell you Flat out no, that no body gives the stamp, and even if you got it you wouldnt be eligiable to work anyway. I really wish there was a clearer answer on this cause its really confusing. Other wise you just apply for the EAd when you apply for AOS, because the processing time is 90 days so if you applied that way even on your 1st day in the US seperatly you probably wouldnt get it before it expired with your K1. At least this is the info I gathered.

[threeoceans 0]

Ive asked about this also, there is no clear answer. yes jfk ( although from what i can tell it is the only place that does)still gives the ead stamp according to people who got it recently and yes some people have worked on it (again according to them) some stating there lawyers even said it was ok. Then others will tell you Flat out no, that no body gives the stamp, and even if you got it you wouldnt be eligiable to work anyway. I really wish there was a clearer answer on this cause its really confusing. Other wise you just apply for the EAd when you apply for AOS, because the processing time is 90 days so if you applied that way even on your 1st day in the US seperatly you probably wouldnt get it before it expired with your K1. At least this is the info I gathered.

I came through JFK in January this year and yes, i got the Employment Authorized stamp. However, i don't want to take the risk hence i'm gonna wait for the EAD card instead.

[Sannybel 1]

Thanks for the info everyone..

[LIFE'SJOURNEY 970]

the STAMP IS NOT GOOD UNLESS YOU HAVE A SS CARD/NUMBER. THEY BOTH MUST WORK HAND IN HAND WITH EACH, WITH THAT BEING SAID, EACH COMES FROM A DIFFERENT AGENCY OF THE US GOVERNMENT THAT DO NOT WORK TOGETHER. IF YOU ARE LUCKLY AND ALL OF YOUR STARS ARE IN-LINE TOGETHER, YOU MAY GET the documents . BUT THEN COMES THE EXPERIATION DATE OF THE EAD ALONG WITH THE 194. They are in sink with each other, they don't nor will they be in-line with the AOS which you will need in-order to continue to work.

So, with all of that being said try getting all 3 of these different government agency to work together. Good luck going forward.

[VanessaTony 3,567]

Hi Everyoen I am curious... I petitioned my fiancee and am wonderign if he can receive a work permit as soon as he enters the US. I have received coflicting information. My co worker tells me her fiancee received a work permit to work for the 90 days before they married. Is this possible?

I'm going to try and correct some misinformation for you.

1. Yes you CAN get an EAD while on the K1 visa BUT you pay for it and it expires when your I-94 does. As it takes about 2 months to receive it's basically pointless.

2. The EAD "stamp" at the POE used to be okay to work on but is NOT now. If you have a look at the I-9 form (which you complete when getting a job) the stamp is not listed as a legal "authorisation". It's useless.

the stamp is not good unelss you have a ss card/number. They both must work hand in hand with each, with that being said, each comes from a different agency of the US government that do not work together. If you at luckly and all of your stars are in-line together, you may get the document. But then comes the experiation date of the EAD along with the I-94. They are in sink with each other, they don't nor will they be in-line with the AOS which you will need in-order to continue to work.

So, with all of that being said try getting all 3 of these different government agency to work together. Good luck going forward.

The EAD stamp is NOT good at ALL! It is NOT valid for employment, even with a SSN. Check the I-9 form. On the EAD card is valid prior to GC.

I came through JFK in January this year and yes, i got the Employment Authorized stamp. However, i don't want to take the risk hence i'm gonna wait for the EAD card instead.

Good choice. you would have been working illegally.

Ive asked about this also, there is no clear answer. yes jfk ( although from what i can tell it is the only place that does)still gives the ead stamp according to people who got it recently and yes some people have worked on it (again according to them) some stating there lawyers even said it was ok. Then others will tell you Flat out no, that no body gives the stamp, and even if you got it you wouldnt be eligiable to work anyway. I really wish there was a clearer answer on this cause its really confusing. Other wise you just apply for the EAd when you apply for AOS, because the processing time is 90 days so if you applied that way even on your 1st day in the US seperatly you probably wouldnt get it before it expired with your K1. At least this is the info I gathered.

There IS a clear answer. Just like not all parents are good parents, not all teachers are good teachers, not all plumbers are good plumbers, not all lawyers are good lawyers.

The EAD stamp is NOT valid for employment. See my other responses above. JFK still gives out the stamp (incorrectly).

Edited June 11, 2011 by Vanessa&Tony