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Oscar&Michelle

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar


Consulate : Manilla, Philipines

I-129F Sent : 09-22-2006

I-129F Received : 09-27-2006

Noticed Sent : 10-02-2006

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

It depends on what POE- Point of Entry she comes in on, JFK will give her a temporary work authorization that is only valid for I believe 90 days, someone correct me if I am wrong. So, if she is only wanting to work for 45-60 maybe this can help, but other VJ members may know more about this, so wait for other answers...........


1/12/06 Mail I-129f express mail

1/13/06 TSC rec'd

1/23/06 NOA1 from CSC

1/27/06 - Check cleared

7/10/06 - NOA2

7/14/06- rec'd @ NVC

8/14/06- NVC sent petition to Consulate

8/17/06 - Korean Consulate rec'd Petition

8/23/06 - rec'd packet 3 from Consulate

8/25/06 - sent packet 3 back to Consulate

8/27/06 - got confirmation email from Consulate, they rec'd packet three

8/27/06 - requested interview date via Consulate internet site.

9/1/06 - Checked internet site for interveiw date, it was there

9/25/06 - Interview date - APPROVED

9/28/06 - Visa in Zaeems Hand - YEAHHHHH

1/6/07 - leaving for USA

1/20/07 - Wedding Date

1/20/07 - MARRIED!!!!!

2/10/07 - rec'd certified copy of marriage license

AOS

3/13/07 - AOS package rec'd at Chicago Lockbox

3/20/07 - Rec'd Social Security Card

3/21/07 - Checks Cashed and Case Status online

3/24/07 - NOA1 Rec'd for AOS and EAD

3/27/07 - rec'd Biometrics appt letter - scheduled for 4/20/07 @ 11:00am

4/02/07 - "touched"

4/20/07 - had biometrics appt.

4/21/07 - rec'd letter stating case was transferred to CSC

5/22/07 - rec'd Case Pending at CSC email

6/25/07 - EAD card production ordered

7/7/07 - EAD "touched"

7/7/07 - AOS "touched"

8-6-07 - Rec'd EAD Card in the Mail

5-20-08 - AOS INTERVIEW - APPROVED - PASSPORT STAMPED

7-2-10 - Received 10 year green card in mail

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

It depends on what POE- Point of Entry she comes in on, JFK will give her a temporary work authorization that is only valid for I believe 90 days, someone correct me if I am wrong. So, if she is only wanting to work for 45-60 maybe this can help, but other VJ members may know more about this, so wait for other answers...........

Thank you for the speedy reply. She will be coming in through LAX

Edited by Oscar&Michelle

Consulate : Manilla, Philipines

I-129F Sent : 09-22-2006

I-129F Received : 09-27-2006

Noticed Sent : 10-02-2006

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As far as I know, JFK is the only POE that still gives out temp EADs - not always, though.

See: http://www.uscis.gov/graphics/howdoi/ead.htm

http://www.visajourney.com/forums/index.ph...page=k1k3ead#k1 to start.

Edited by Mew

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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There have been others that have reported getting the 'stamp' at Las Vegas and one of the land crossings in Windsor/Detroit as well. If she does get the stamp she can work for you until for 90 days (the length of time the stamp is good for), once it expires she must stop working until she receives her EAD.


2005

Sept 10 I-129F sent to TSC

2006

Interview - February 13th APPROVED! day 152

April 6 - wedding date day 204

May 15 - AOS sent (not filing for EAD or AP) day 1-total days 243

Aug 22 - AOS interview date day 101-total days 342

approved pending FBI name check, told name check initiated June 1

Sept 29 - green card arrives, done until June 2008 day 140-total days 381

2008

June 30 - I-751 mailed total days 1025

Aug 13 - Biometrics appointment total days 1068

2009

Feb 25 - Transferred from VSC to CSC total days 1265

March 9 - Removal of Conditions approved! total days 1277

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

My fiance and I also have just begun our K-1 Visa Journey. Have you received your receipt number yet and if so on the website have you tried to track your number? I have not found any I-129F forms at the Texas Service Center. Do you know anything about this or if they transferred them to another Service Center?

Thanks,

Mel

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

My fiance and I also have just begun our K-1 Visa Journey. Have you received your receipt number yet and if so on the website have you tried to track your number? I have not found any I-129F forms at the Texas Service Center. Do you know anything about this or if they transferred them to another Service Center?

Thanks,

Mel

Hi Mel,

I just sent it off this last Friday. I don't expect them to actually get it until Tomorrow (Monday). I sent it to A P.O. Box in Laguna Niguel, CA. My ex sister in-law works doing visa service. She was very helpful in preparing the paperwork we needed. She had all the forms in her office.

I believe that this website has downloads for the forms needed. I am new, so I am not 100% sure.

Best of Luck,

Oscar

Edited by Oscar&Michelle

Consulate : Manilla, Philipines

I-129F Sent : 09-22-2006

I-129F Received : 09-27-2006

Noticed Sent : 10-02-2006

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Most of the forms are fillable on the website, this makes them very neat and easy to read.

If you are self employed and she is not getting paid, only helping you. It is not technically working. I would check, but that is the way I would frame it.

you can concurrently file the I-485 Adjustment of status (AOS) and the I-765 Employment Authorization Document (EAD). I would file those as soon as possible. EAD typically takes 90 days.

Edited by John & Annie

2005 Aug 27 Happily Married

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Most of the forms are fillable on the website, this makes them very neat and easy to read.

If you are self employed and she is not getting paid, only helping you. It is not technically working. I would check, but that is the way I would frame it.

you can concurrently file the I-485 Adjustment of status (AOS) and the I-765 Employment Authorization Document (EAD). I would file those as soon as possible. EAD typically takes 90 days.

In my business it is not quite that simple as to have her just come to work with me. I own a small company that employees 24 people to wash Jet Airplane such as 747’s at Los Angeles International Airport (LAX). Michelle wants to participate in the business with me. But just to get her onto the Airport it is not as simple as just allowing her to walk in with me. Although she is my fiancée, by law I have to employee her in the company and she must have all her employment papers. Then I would have to send her to the Airport Security Office where they will run a back ground check and if approved assign her a LAX badge to allow entrance to the runways where the aircrafts are. For her to be approved she would have to show that she can legally work in the USA.

I will look into the I-485 and the I-765 since I just started the filing I still have time. Thank you for the information.

Edited by Oscar&Michelle

Consulate : Manilla, Philipines

I-129F Sent : 09-22-2006

I-129F Received : 09-27-2006

Noticed Sent : 10-02-2006

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I got my temporary EAD coming through JFK. It may be worth considering making this your port of entry and then getting a connecting flight to LAX. Just depends how important the EAD is to you. You may also want to consider doing the legal paperwork for the marriage soon after she arrives in the country. That way you can apply for the EAD straight away and hopefully have it in hand before the temp. one expires. Hope this makes sence. On the other hand Michelle may just want to take a 3 month holiday and work on getting the wedding and all the paperwork sorted out!! :P

Good luck to you!

Maggie


K1 Application

23 Feb 2006 - I-129 mailed

14 August 2006 - Approved!!!! :-)

21 October 2006 - Married in the mountains of North Carolina!!!!!!!!!!!!!!!!!!

AOS Application

6 November 2006 - Applied for AOS, EAD and AP

09 Decemeber 2006 - e-mail received to say case was trasferred to California

16 December 2006- biometric appointment in Charlotte, NC

20 Jan 2007 -AP approved

24 Jan -EAD approved

28 June -Green card ordered

7 July wedding celebrations in Scotland

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Hi everyone,

Michelle and I just started our K-1 Visa Jouney when I sent out the I-29F this last Friday 9/22//06.

I am a small self employed Business owner and Michelle wants to know if she can work with me when she gets here. I am not sure if a k-1 Visa will allow her do that? If not, is there some application she can fill out to work from the time she gets here to the time we get married about 45 to 60 days later?

Thanks,

Oscar

Hello,

She needs to apply for the AOS together with the EAD application within the 90 day period in order to work in the US. The EAD is usually issued in 90 days time.

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Most of the forms are fillable on the website, this makes them very neat and easy to read.

If you are self employed and she is not getting paid, only helping you. It is not technically working. I would check, but that is the way I would frame it.

you can concurrently file the I-485 Adjustment of status (AOS) and the I-765 Employment Authorization Document (EAD). I would file those as soon as possible. EAD typically takes 90 days.

In my business it is not quite that simple as to have her just come to work with me. I own a small company that employees 24 people to wash Jet Airplane such as 747’s at Los Angeles International Airport (LAX). Michelle wants to participate in the business with me. But just to get her onto the Airport it is not as simple as just allowing her to walk in with me. Although she is my fiancée, by law I have to employee her in the company and she must have all her employment papers. Then I would have to send her to the Airport Security Office where they will run a back ground check and if approved assign her a LAX badge to allow entrance to the runways where the aircrafts are. For her to be approved she would have to show that she can legally work in the USA.

I will look into the I-485 and the I-765 since I just started the filing I still have time. Thank you for the information.

Without the above info, I would've given you an answer that you would like. Considering the circumstances of your business, I'd just have her wait until she's got a "proper" 1-year EAD from the AOS filing.

Alternately, meet with a lawyer well versed in the fiance K-1 status and see what you can learn. But, it's the whole security check thingie that I'd be concerned with. Proceed with caution. :)

She needs to apply for the AOS together with the EAD application within the 90 day period in order to work in the US. The EAD is usually issued in 90 days time.

Not accurate.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Oscar,

Read I-9 carefully. A person who is employment authorized - and Michelle will be employment authorized for 90 days when she arrives as a K1 - has 3 days to show the employer evidence that they have applied for the necessary documentation and 90 days to present the necessary documentation. So, have her immediately apply for a SS card and an EAD in the (a)(6) category, and with evidence that she has made these applications she should be able to work until her 90-day stay as a K1 expires. Then she may have to go on sabatical until she receives new employment authorization in the ( c )(9) category.

I agree with meauxna that your difficulty may be with the Airport Security Office, not only with the security check itself but also with getting them to concur that you can employ her as I've outlined. Do as meauxna suggested and have a consultation with an immigration attorney who knows K1 (I recommend Matthew Udall, who is in the LA area and concetrates on marriage-based cases). Hopefully the attorney will concur with my thoughts and can help you to get any necessary concurrance by others that you might need. (And if they do not concur, then you can take solace in knowing for sure that there was no way.)

Yodrak

In my business it is not quite that simple as to have her just come to work with me. I own a small company that employees 24 people to wash Jet Airplane such as 747's at Los Angeles International Airport (LAX). Michelle wants to participate in the business with me. But just to get her onto the Airport it is not as simple as just allowing her to walk in with me. Although she is my fiancée, by law I have to employee her in the company and she must have all her employment papers. Then I would have to send her to the Airport Security Office where they will run a back ground check and if approved assign her a LAX badge to allow entrance to the runways where the aircrafts are. For her to be approved she would have to show that she can legally work in the USA.

I will look into the I-485 and the I-765 since I just started the filing I still have time. Thank you for the information.

Without the above info, I would've given you an answer that you would like. Considering the circumstances of your business, I'd just have her wait until she's got a "proper" 1-year EAD from the AOS filing.

Alternately, meet with a lawyer well versed in the fiance K-1 status and see what you can learn. But, it's the whole security check thingie that I'd be concerned with. Proceed with caution.

Jonty,

Wrong again.

Yodrak

She needs to apply for the AOS together with the EAD application within the 90 day period in order to work in the US. The EAD is usually issued in 90 days time.

Not accurate.

Edited by Yodrak

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