K1 VISA WORK PERMIT

[saintsyboy 0]

Hey buddies!, I've been researching info regarding the work permit and hopefully someone could help me...

When you enter the US with the K1 fiancé visa, do you get instant work permit? cause in some places thats what it says but other people say you gotta wait about 3 months????

Thanks!!

[Neonred 3,446]

Sorry, no work permit for a K-1. You may be looking at old and incorrect info.

Within 3 months of filing for adjustment of status (green card) you should have the EAD work permit.

Sometimes at POE they automatically stamp with a temp EAD, but it is NOT VALID for K-1.

Edited September 16, 2012 by Neonred

[Leatherneck 693]

Maybe you have the K-1 confused with the IR-1/CR-1.

Entering the U.S. via a K-1 visa does not equal an "...instant work permit."

You must first:

1. Marry your petitioner within 90 days of entry.

2. Thereafter "Adjust Status" by submitting form I-485.

3. Also you want to submit form I-765 together with the I-485 to request an Employment Authorization Document (EAD).

4. Once you have the EAD, it is then and only then you are legally permitted to work.

Edited September 16, 2012 by Leatherneck

[Phil & Alla 26]

Leatherneck gave you it EXACTLY

[Tintin and Mike 127]

Maybe you have the K-1 confused with the IR-1/CR-1.

Entering the U.S. via a K-1 visa does not equal an "...instant work permit."

You must first:

1. Marry your petitioner within 90 days of entry.

2. Thereafter "Adjust Status" by submitting form I-485.

3. Also you want to submit form I-765 together with the I-485 to request an Employment Authorization Document (EAD).

4. Once you have the EAD, it is then and only then you are legally permitted to work.

Let me go off topic for a bit, sorry OP. Could they take classes though at ROP or community colleges?

Edited September 16, 2012 by Tintin and Mike

[KayDeeCee 4,891]

And don't forget to file for an SSN about 2 weeks after entering the US. You need both the SSN and EAD to work.

[Gary and Alla 3,694]

Hey buddies!, I've been researching info regarding the work permit and hopefully someone could help me...

When you enter the US with the K1 fiancé visa, do you get instant work permit? cause in some places thats what it says but other people say you gotta wait about 3 months????

Thanks!!

Some places are wrong. NO you do not. After getting amrried you file for Adijustment of Status and an EAD. When you get the EAD you can work. 3-4 months after filing usually. How soon you file after gettuing married is up to you

The "stamp" the people are referring to is worhtless unles you ALSO have a work visa. The K-1 is not a work visa.

Let me go off topic for a bit, sorry OP. Could they take classes though at ROP or community colleges?

Yes, they can go to school ANYWHERE, there is NO FEDERAL RESTRICTION on the K-1 visa regarding education. My wife started her MA degree at a private university 5 days after her arrival with a 50% private grant.

Edited September 16, 2012 by Gary and Alla

[bigdog 376]

No restriction on school, they might charge you more money as a short term resident. Work OK after EAD is approved with a Social.

[ca_babe 129]

From USCIS,

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

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 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.

I-765 processing can take upto 90 days. By the time you get your EAD, it'll only be valid by either a few days. Better to file for EAD when you submit your I-485. Seven years ago when I came on a K-1, you don't have to file for I-765 on a K-1. You may work as soon as you get your SSN which is about 2 weeks after you apply. I guess the procedure has changed during the last 7 years.

[KayDeeCee 4,891]

From USCIS,

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

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 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.

I-765 processing can take upto 90 days. By the time you get your EAD, it'll only be valid by either a few days. Better to file for EAD when you submit your I-485. Seven years ago when I came on a K-1, you don't have to file for I-765 on a K-1. You may work as soon as you get your SSN which is about 2 weeks after you apply. I guess the procedure has changed during the last 7 years.

Yes, not only will it not be valid long enough to use, but it is also a waste of $380. If you file before the I-485, you must pay the fee. If you file with a pending I-485 then the fee is waived.

[HaPPyFeEt 0]

Hey buddies!, I've been researching info regarding the work permit and hopefully someone could help me...

When you enter the US with the K1 fiancé visa, do you get instant work permit? cause in some places thats what it says but other people say you gotta wait about 3 months????

Thanks!!

Im not sure if they still issue now...but back in 2008 when I first got here....my POE was @JFK and I was issued a temp EAD. But then it expired after 90 days.

2 weeks after my arrival got my SS card and had a job. But ofcourse as soon as we got married I had to update everything and had my company update my status/file too.

Goodluck!

[baron555 934]

Hey buddies!, I've been researching info regarding the work permit and hopefully someone could help me...

When you enter the US with the K1 fiancé visa, do you get instant work permit? cause in some places thats what it says but other people say you gotta wait about 3 months????

Thanks!!

Nope, nothing at the entry.....only after AOS and getting the EAD or GC can he work.