Jump to content

4 posts in this topic

Recommended Posts

Filed: Timeline
Posted

I'm a US citizen and my fiancee is foreign. She came on a K1 visa. We just arrived 2 weeks ago; we're not married yet, but plan to get legally married soon. We'll have the wedding later.

We thought permission to work would come quickly after getting married, but it appears there is a lot to apply for.

1) I noticed on the USCIS site there are 2 times to apply for the I-765, and maybe one would allow my fiancee to begin work soon. Is that possible? (included quote and link below) I couldn't really make out what the USCIS was suggesting.

2) How long does it usually take for the spouse to get work permission? We don't have much money, so it's important for her to find a job soon.

Thank you so much

link:

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry. " http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Filed: AOS (apr) Country: Brazil
Timeline
Posted

The employment authorization application you are referring to once she enters is only valid for 90 days. Then you have to file again with AOS to extend it.

Unless she has a job lined up the moment she gets here, I would question how much is it really worth?

I would suggest that you get married, then file adjustment of status as soon as you can afterwards. When you file AOS (link to guide here), I recommend that you file employment authorization (I-765) and advanced parole (I-131) along with AOS package. No extra fee when filed together. The cost is $1070 for AOS. You should get EAD/AP card combo between 8-12 weeks after filing. The green card won't happen until several months later.

She can go ahead and get her SS card now if he wants to, but she can't work with it until she gets EAD. SS Card link here for K1

Good luck

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes, you CAN file for an EAD before filing for AOS. However, it is a waste of $380. The EAD you would receive from that would expire when your I-94 does, and since it takes 2-3 months to receive the EAD, you won't really be able to use it anyway. That is why it is a waste of money. The fee is waived when you file for it with your I-485. The EAD you receive when filing with your other AOS paperwork will be valid for a year and tide you over until your green card is approved. I would apply for the SSN now, then file all your AOS paperwork as soon as possible after you marry and get the certified marriage certificate back from the court. The sooner you apply for AOS, the sooner you can receive the EAD and be able to work.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...