Can a K1 visa holder apply for an i- 765 EAD before moving to the US

[Dubligeswan 0]

Hi everyone,

I am waiting for a K1 Visa and enquired with my lawyer about whether or not I will have the right to work in the USA under the K1 Visa before I get the Green Card.

He said that in order to do that I have to apply for a i756 or EAD. The problem is that, according to him, it can take up to 90 days to get it accepted, which is about the same time it takes to get the Green Card.

So, I was wondering: is there anything I can do to speed things up in order to make sure that I will be able to start working as soon as possible once I'll be in the US (without having to wait 3 or 4 months for the Green Card)?

Is it possible to apply for the i756 [Application for Employment Authorisation (EAD)] as soon as your Visa gets issued, that is even before you arrive in the US?

Or do you have to wait until you arrive in the USA? If you DO have to wait until you are physically in the US, can you apply for the EAD before you actually get married?

Thank you all!

[Lainie B 465]

You cannot apply for an EAD until after you arrive in the US on your K-1.

You have two times when you can apply for the EAD:

1. AFTER you arrive in the US you can apply for an EAD by filing the I-765. It will cost $380 and will take 60-90 days to arrive. Unfortunately it will expire in 90 days after your arrival in the US. So at best you will get a couple of weeks in which you can actually work using this EAD. It is a waste of money.

2. AFTER you arrive in the US and get married, you can apply for an EAD either when or after you apply for your green card (it costs $1070 to file the I-485 for the green card). It is free to file the I-765 when you file it with the I-485. Again it will take 60-90 days to receive the EAD which will allow you to work while you wait for your green card.

By the way, you may be waiting up to a year after you apply to get your green card.

Edited August 6, 2013 by Lainie B

[Darnell 8,478]

it's been taking LONGER to get a greencard, LONGER than 90 days, after arriving in the USA and doing stuff.

So, suggest you not pursue a stand-alone EAD at all.

sure - chase it when you file the big set, but not as a stand-alone.

[Andrea&Henry 311]

no you can't! you need to be here and at least adjust AFTER getting married with your petitioner. Usually takes 90 days after submitting the AOS

[Pitaya 2,577]

it's been taking LONGER to get a greencard, LONGER than 90 days, after arriving in the USA and doing stuff.

So, suggest you not pursue a stand-alone EAD at all.

sure - chase it when you file the big set, but not as a stand-alone.

Agree with Darnell, after your POE, then marry, apply for AOS and concurrently go for the EAD/AP combo card.

[Dubligeswan 0]

Agree with Darnell, after your POE, then marry, apply for AOS and concurrently go for the EAD/AP combo card.

Thanks a lot guys this makes it much clearer.

I am really not happy to hear that it is taking longer and longer to get a green card even after you are officially married. My lawyer keeps on saying it takes about 3-4 months, but I guess I will better look in the forum for first-hand experiences from people who have actually done it.

Do you know, by any chance, if the K1 holder is allowed to work remotely for an employer outside the US (like, let's say a European company) when he/she arrives in the US?

For example, I am a translator. Will I be allowed to work remotely from the US as a freelancer for European agencies before I get the Green Card?

Thanks again for your precious advice!

[Darnell 8,478]

re: freelancer remotely - certainly, as long as you are not paid in the USA.

----

'getting to work in USA' - sequence is this:

1. arrive in USA

2. apply for SSN 2 weeks after arrival with SSA office

3. get married

4. File the huge AOS package (study the guide, la)

5. get biometrics appointment letter in the postal mail.

6. go in for biometrics appointment then

7. EAD/AP combo card arrives in postal mail.

don't need 2 to get married, so keep that in mind.

[Dubligeswan 0]

Hi Darnell,

thank you very much for the info.

This definitely gives us a more realistic picture.

We were hoping we could have gotten married in the US by September/ October 2013 with a small civil ceremony and then we were planning on organizing a bigger ceremony with family and friends in the summer of 2014 in Italy.

However, knowing that I might not be able to work for quite a few months and that there is also the risk that the green card might take considerably longer than 90 days after our fist civil wedding, makes me wonder if it wouldn't be safer to postpone our ceremony in Italy. It would give us more time to save up and to make sure that I will actually have my green card.

Do you know where I could find reliable statistics about how long it takes, on average, to get the Green Card and the EAD/AP after filing.

Thanks again and good luck to you all!

re: freelancer remotely - certainly, as long as you are not paid in the USA.

----

'getting to work in USA' - sequence is this:

1. arrive in USA

2. apply for SSN 2 weeks after arrival with SSA office

3. get married

4. File the huge AOS package (study the guide, la)

5. get biometrics appointment letter in the postal mail.

6. go in for biometrics appointment then

7. EAD/AP combo card arrives in postal mail.

don't need 2 to get married, so keep that in mind.