started the K1 process, question about arrival

[kristinanddan09 1]

so, I sent off my app and it arrived today in lewisville. question about working, i know i read it somewhere about how he can work when he gets here on his fiance visa right? he just has to fill out some paperwork? i honestly can't find where i read this at, if anyone can point me in the right direction i'd appreciate it

[Inky 1,111]

No you need to file AOS and EAD, it will take 2-3 months to get the EAD card THEN the person can work.

[az110965 252]

Employment authorization does not occur until after you and your fiance get married and AOS is approved. There is no legal way for your fiance to work until he adjusts status.

Typically, the wait for AOS approval is from 3-6 months from the filing date. This is the drawback to the K-1 visa route.

The only way he could legally work immediately upon entry into the USA would be if you married overseas and filed for sposal visa. Employment authorization is included in this type of visa.

[kristinanddan09 1]

that's fine, I appreciate your help. I thought I read something about it, but I was wrong about what I read! I've looked at so many visas though. Well we've already sent this one off for the K-1 so we're going to go that route. it's fine, can he look for work though ??? and say he's not allowed to work until he adjusts his status???

[Gary and Alla 3,694]

that's fine, I appreciate your help. I thought I read something about it, but I was wrong about what I read! I've looked at so many visas though. Well we've already sent this one off for the K-1 so we're going to go that route. it's fine, can he look for work though ??? and say he's not allowed to work until he adjusts his status???

Yes but offering oneself for employment with an indefinite date of availability is not very good marketing of oneself. The only people who will be interested in talking to him are people with positions that need to be filled. He would have to be pretty special for someone to hold a position open until whenever he was authorized to work. We are talking MONTHS here, you realize that, right?

[Kathryn41 3,205]

A number of years ago, through a loophole created by the way the requirements for employment were phrased, K-1's arriving at certain POEs (Kennedy Airport, for example) could be issued an EAD that would be stapled in their passports and would be valid for 90 days - the period of their authorized stay. That loophole was closed a number of years ago so now it is clearly evidenced that entering on a K-1 visa does not authorize one to get an Employment Authorization on entering the US. They are, however, allowed to apply for one. This is probably what you have read or heard about.

Every EAD that is issued is based upon the current legal status of the individual. An EAD issued for a K-1 would be valid for the same length of time of the authorized entry by the K-1 - that is, 90 days. The only problem is that it takes at least 2 to 3 months for an EAD to be processed so in many cases, the K-1 entry status would have expired even before the EAD was even issued. As it costs several hundred dollars even to apply, it just isn't worth it.

So, the better plan is to enter on the K-1, get married and then apply for the EAD at the same time as the AOS. This EAD is not based on the K-1 status but on the AOS applicant status and will be valid for 1 year or until the AOS is approved. If the AOS takes more than one year to approve, the EAD can be renewed. The cost of the EAD application is included in with the fee for the AOS.

Edited September 10, 2011 by Kathryn41

[kristinanddan09 1]

thank you so much for explaining that, makes sense, as i've been going through lots of webpages that I might've read some old information or something. I really appreciate it. And it's not a problem, we want to be together and know the process is going to take awhile. I was just simply asking. thanks again

A number of years ago, through a loophole created by the way the requirements for employment were phrased, K-1's arriving at certain POEs (Kennedy Airport, for example) could be issued an EAD that would be stapled in their passports and would be valid for 90 days - the period of their authorized stay. That loophole was closed a number of years ago so now it is clearly evidenced that entering on a K-1 visa does not authorize one to get an Employment Authorization on entering the US. They are, however, allowed to apply for one. This is probably what you have read or heard about.

Every EAD that is issued is based upon the current legal status of the individual. An EAD issued for a K-1 would be valid for the same length of time of the authorized entry by the K-1 - that is, 90 days. The only problem is that it takes at least 2 to 3 months for an EAD to be processed so in many cases, the K-1 entry status would have expired even before the EAD was even issued. As it costs several hundred dollars even to apply, it just isn't worth it.

So, the better plan is to enter on the K-1, get married and then apply for the EAD at the same time as the AOS. This EAD is not based on the K-1 status but on the AOS applicant status and will be valid for 1 year or until the AOS is approved. If the AOS takes more than one year to approve, the EAD can be renewed. The cost of the EAD application is included in with the fee for the AOS.

[kristinanddan09 1]

another quick question - when is he allowed to travel back home? his sister is supposed to be getting married and I know he would like to go home for that. After he is approved for the K1 can he travel back and forth? or do we have to wait a certain amount of time for that as well??? The wedding is next July.

[Inky 1,111]

He can leave whenever he wants however he will not be allowed to return unless he has his green card or AP card.

He must have the green card or AP card before traveling anywhere or you will have to file all over again for a spousal visa.

K-1 visa is a ONE TIME USE / ONE TIME ENTRY visa.

[kristinanddan09 1]

thank you very much, all I needed to know appreciate it