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How soon can I start working? Do I have to remain in US when on K-1 Visa?

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Filed: Timeline

I am Canadian marrying a US citizen.

How long after we are married until I can start working?

Also, if I were to be approved for K-1 Visa - do I have to remain in USA until we are married? How about after?

Here's what I'm wondering.

1. Apply for K-1 Visa

2. Get married by JP ahead of our 'wedding date'.

3. Apply immediately for my work permit.

4. Remain working in Canada until work permit arrives.

5. Once work permit arrives - move to USA and begin working.

6. Apply for AOS after I'm down there on work permit.


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Filed: Citizen (apr) Country: Iran

3. You can apply for the work permit when you file AOS.

4. You can return to Canada any time you want but you can't come back without advance parole, received by applying for it along with the AOS.

When you marry you file for AOS and the work permit plus AP (advance parole). If you leave the US without the advance parole your AOS is considered abandoned. The K-1 visa is a one time use visa, no traveling back and forth on it.

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Filed: Country: Mexico

A K-1 is a one-time entry visa. When you enter with the K-1, you must marry within 90 days, and that makes you eligible to apply for adjustment of status. You cannot leave the US before having AP or a green card, or you will abandon your adjustment process. You would then need to start the process for a spousal visa to return to the US.

When you apply for AOS, you will apply for the EAD and AP at the same time. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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