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jessicaDiana

can i work even though we arent married yet?

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hi everyone!

so i just recently moved to the USA about 3 weeks ago from canada to be with my fiance here in the USA from our k-1 visa. we are unsure when we are getting married yet,we know it has to be 90 days within arrive, but we are definatly for sure getting married within the next two months for sure as we just got our marriage liscense a couple of days ago.

my question is, is the any way i can apply for a work permit now? me and my fiance thought we had to wait until we were married to apply for my work permit but we are just unsure. ide like to apply for one now even though we arent married quit yet because as far as i know it takes about 3 months to process and i hate not being able to work!

please let me know ide really appreciate it!

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Filed: K-1 Visa Country: Philippines
Timeline

Yes you can apply for temporary work permit but its expiration goes when your I-94 expires. So it will just be valid for 90 days also. I guess you better wait till you apply for your I-485 to adjust your status cause you can apply for your EAD along with your AP for free.

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Filed: Citizen (apr) Country: Canada
Timeline

You can apply for an I-765 Employment Authorization Document and pay the $380 fee. The EAD takes about 60 to 90 days to process after they receive the completed application and then about another week or 2 for the EAD card to arrive in the mail. The employment authorization is based upon your visa type and is valid only for the same length of time as your authorization in the US - which is the 90 days authorized by the I-94 you received when you entered the US on your K-1. You have already been here 3 weeks, so it is more than likely that by the time the EAD is processed it would already have expired. So, technically, you can put into process the procedure needed to get you proper authorization to work, but because of the time involved in processing everything, it is just an expensive waste of your time with virtually no chance of being able to use the permission to work when it is received.

Wait until you get married and file right away for the I-485 Adjustment of Status. Include with this the I-765 Request for an Employment Authorization Document and the I-131 Request for Travel Document (Advance Parole) at the same time. There is no fee for the EAD and AP when submitted with the AOS application. This EAD will not be based upon the K-1 entry with the 90 day I-94 but will be based upon the AOS petition, so the EAD when it is issued will be valid for one year and can be renewed until you receive a decision on your green card application. Once you receive your green card, you no longer need an EAD.

Spend this time becoming familiar with your new home and country and if you find yourself getting very bored, you are allowed to do some sorts of volunteer work. Nothing that anyone ever gets paid for and nothing that would ever lead to a job, but there are lots of opportunities out there and many others in your situation have taken advantage of volunteering to start building up their new circle of friends in the US.

Good luck,


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