Can my Fiance start working right when he arrives with his k1visa?

[aguileralupita30 7]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

[del-2-5-2014 1,339]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

I have a concern that you haven't researched what you're embarking on thoroughly.

Instead of giving you an easy answer, my perogative, I ask that you go back and study the guides to make sure that you haven't skipped all the pertinent details that you need to know. This is such an easy but important question tha tyou should really no the answer.

Yes I know, I'm a grumpy old Man but helpful in my own way.

[Lainie B 465]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

No he has to wait until he gets his employment authorization document or green card. EAD takes about 2-3 months after getting married and applying for AOS.

[carton025 38]

When your fiance enters the USA s/he should get an I-94 stamp in their passport. According to the rules the I-94 stamp will allow your fiance to work during the 90 day period that it is valid. After the 90-day period s/he will be ineligible to work until s/he gets the EAD and/or GC. However, there can be several obstacles to overcome even with this stamp. First, your fiance will need to get a SSC. The next obstacle will/can be E-VERIFY. E-VERIFY is a computer program that most employers use to verify the status of a potential employee, to determine their eligibility to work in the USA. My wife was unable to work "legally" in the USA until she got her GC. Even with her EAD potential employers were unable to verify her eligibility with E-VERIFY and, therefore, would hire her. I would also add everyone's experience is difference. Some will not have any problem getting work, depending on the work... Others, like my wife, may have to wait until they get their GC. This has been my experience. Yours may differ.

Best of luck!

Sid

[aguileralupita30 7]

No he has to wait until he gets his employment authorization document or green card. EAD takes about 2-3 months after getting married and applying for AOS.

Great thank you!

[EAS 45]

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

The K-1 visa does not authorize the beneficiary to work in the United States. The beneficiary would have to apply for AND receive permission to work in the United States. This is authorization is granted as an Employment Authorization Document (EAD). The application for authorization is accomplished by filing USCIS Form I-765.

Your Fiance can apply for the EAD [and Advance Parole] at the same time he applies for Adjustment of Status, which is done AFTER getting married. There is no cost for the USCIS Form I-765 application if done in that order. However, if he applies for the EAD before applying for the Adjustment of Status there will be a fee and the authorization will only be valid as long as the I-94 on which it would be based.

Edited November 5, 2012 by EAS

[Dave&Roza 748]

When your fiance enters the USA s/he should get an I-94 stamp in their passport. According to the rules the I-94 stamp will allow your fiance to work during the 90 day period that it is valid. After the 90-day period s/he will be ineligible to work until s/he gets the EAD and/or GC. However, there can be several obstacles to overcome even with this stamp. First, your fiance will need to get a SSC. The next obstacle will/can be E-VERIFY. E-VERIFY is a computer program that most employers use to verify the status of a potential employee, to determine their eligibility to work in the USA. My wife was unable to work "legally" in the USA until she got her GC. Even with her EAD potential employers were unable to verify her eligibility with E-VERIFY and, therefore, would hire her. I would also add everyone's experience is difference. Some will not have any problem getting work, depending on the work... Others, like my wife, may have to wait until they get their GC. This has been my experience. Yours may differ.

Best of luck!

Sid

Incorrect. The K-1 visa holder is classified as an "legal alien allowed to work" for the purposes of applying for a SSN. However, the SSC will come with the restriction "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION." That authorization is the EAD or GC. The employer must complete the I-9 form when they hire you. Take a look at the I-9 form to see what is required to show the employer as proof you are legally able to work in the US.

Good luck,

Dave

[Krikit 1,163]

Moving from K-1 Process to the Working forum.

[Lainie B 465]

When your fiance enters the USA s/he should get an I-94 stamp in their passport. According to the rules the I-94 stamp will allow your fiance to work during the 90 day period that it is valid. After the 90-day period s/he will be ineligible to work until s/he gets the EAD and/or GC. However, there can be several obstacles to overcome even with this stamp. First, your fiance will need to get a SSC. The next obstacle will/can be E-VERIFY. E-VERIFY is a computer program that most employers use to verify the status of a potential employee, to determine their eligibility to work in the USA. My wife was unable to work "legally" in the USA until she got her GC. Even with her EAD potential employers were unable to verify her eligibility with E-VERIFY and, therefore, would hire her. I would also add everyone's experience is difference. Some will not have any problem getting work, depending on the work... Others, like my wife, may have to wait until they get their GC. This has been my experience. Yours may differ.

Best of luck!

Sid

As others have stated here, the I-94 alone does NOT allow you to work during the 90-day period. You would need to apply for and receive an EAD as well. It is possible to apply for an EAD as soon as you arrive (costs $380 when applying before the marriage and AOS) that allows the K-1 visa holder to work during this period, however it takes approximately 60-90 days to be approved, and expires when the I-94 expires, so in practice it is a waste of time and money, because the visa holder would only be able to work for a very short period, if at all.

The best plan, if the K-1 visa holder wants to start work soon, is to get married as fast as possible and apply for AOS and EAD at the same time. The EAD application is free if it is submitted with or after the AOS. This EAD also takes 60-90 days.

[Stephen + Elisha 92]

When your fiance enters the USA s/he should get an I-94 stamp in their passport.  According to the rules the I-94 stamp will allow your fiance to work during the 90 day period that it is valid.  After the 90-day period s/he will be ineligible to work until s/he gets the EAD and/or GC.

False.

The I-94 is not a stamp. It is a CBP form (Arrival-Departure Record) that is stapled into the visa holder's passport upon entry. A stamped I-94 is NOT sufficient documentation for employment authorization for K-1 holders. K-1 holders are NOT eligible to work without a separate Employment Authorization Document (EAD). In the past, some ports of entry (POEs) stamped a temporary EAD onto the I-94, but this is no longer done. A K-1 holder can file an I-765 application for an EAD prior to AOS, but it's an exercise in futility since the 90-day admission will almost always expire before the I-765 is adjudicated and EAD issued.

Theoretically, a K-1 visa holder can obtain an EAD and begin working in the US prior to AOS. Effectively, a K-1 holder cannot work until after marrying and applying for AOS on Form I-485. The I-765 EAD application should be filed concurrently with the I-485 and is usually approved within a month or two.

[KayDeeCee 4,892]

Incorrect. The K-1 visa holder is classified as an "legal alien allowed to work" for the purposes of applying for a SSN. However, the SSC will come with the restriction "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION." That authorization is the EAD or GC. The employer must complete the I-9 form when they hire you. Take a look at the I-9 form to see what is required to show the employer as proof you are legally able to work in the US.

Good luck,

Dave

Exactly. The I-94 does not authorize someone entering with a K-1 to work. You must have the EAD or green card to go along with an SSN to be legally able to work. It will take about 2-3 months to receive the EAD after filing for it with AOS.

OP> You mentioned him living with his brother. Will he not be living with you after he enters and you marry or did you mean you would both live his brother or your parents? It would not be a good idea to live apart. If you have an AOS interview, you need to provide proof of living together and co-mingling of finances, insurance, bills and such.

[carton025 38]

Incorrect. The K-1 visa holder is classified as an "legal alien allowed to work" for the purposes of applying for a SSN. However, the SSC will come with the restriction "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION." That authorization is the EAD or GC. The employer must complete the I-9 form when they hire you. Take a look at the I-9 form to see what is required to show the employer as proof you are legally able to work in the US.

Good luck,

Dave

Then, I beg you to please enlighten me regarding the purpose of the "I-94 stamp" that is placed in the K-1 Visa holder's passport when they enter the USA!

Sid

[KayDeeCee 4,892]

Then, I beg you to please enlighten me regarding the purpose of the "I-94 stamp" that is placed in the K-1 Visa holder's passport when they enter the USA!

Sid

You mean the entry stamp to show the date of entry and that they entered using a K-1? Has nothing to do with employment authorization. Shows their 90 day legal status in the US.

http://www.visajourney.com/gallery/displayimage.php?album=5&pid=3#top_display_media

[Stephen + Elisha 92]

OP> You mentioned him living with his brother. Will he not be living with you after he enters and you marry or did you mean you would both live his brother or your parents? It would not be a good idea to live apart. If you have an AOS interview, you need to provide proof of living together and co-mingling of finances, insurance, bills and such.

For after the marriage, yes. There's no cohabitation/commingling requirement for the period before they marry.

[EAS 45]

Then, I beg you to please enlighten me regarding the purpose of the "I-94 stamp" that is placed in the K-1 Visa holder's passport when they enter the USA!

Sid

You mean the entry stamp to show the date of entry and that they entered using a K-1? Has nothing to do with employment authorization. Shows their 90 day legal status in the US.

http://www.visajourney.com/gallery/displayimage.php?album=5&pid=3#top_display_media

From the USCIS website:

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.