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MickeyB

Insight on Work Authrorization-K1 Visa

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I'm sure this is a long shot but I figured I might as well ask anyway..

While my fiancé is here in the states, is there anything he can do to get work authorization while we wait on our K1 Visa approval?

He has lived here since he was in the 3rd grade, has a social security card, driver license, not to mention all of his immediately family lives here & he has two kids here.

Is there anything he can do while he is here for the next 90 days? We've applied for an expedite on my behalf but it seems their is a delay in expedites too because we haven't heard back.

Like I said, I know this is a long shot & there is probably nothing he can do, but if anyone has any insight that would be helpful, please share!

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If your fiance lives in the US why are you doing a K-1?


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Wait for AOS after marriage and file together with AP

What's his current status and how he lived in US?


K1

I-129F Sent : 2015-06-29

I-129F NOA1 : 2015-07-07

I-129F NOA2 : 2015-07-24

NVC Received : 2015-08-18

NVC Left : 2015-08-18

Consulate Received : 2015-08-25

Medical 09-2015 (90 days sputum tb test): negative

Interview Date : 2015-11-20

Interview Result : Approved

Visa Received : 2015-11-24

US Entry : 2015-11-28

Marriage : 2016-02-22

AOS/EAD/AP

CIS Office : Orlando FL

Date Filed : 2016-04-21

NOA Date : 2016-04-27

Bio. Appt. : 2016-05-24

Approval : 2016-06-20

Greencard Received: 2016-06-27 (67 days)

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Unless he is already in the country on a visa that allows work then there is no way to get work authorization before the issuing of a fiancé visa, also once here on a fiancé visa there is no point to getting the work authorization before marriage/before adjusting status as it takes as long to get the authorization as it will be valid for so its a waste of money.

Now that your specific question is answered I can ask what Harpa asked. Please understand that we ask these things as we have noticed a potential issue and we are trying to help you.

Why are you doing k1 if he lives here?

Under what status was he living in the us from the third grade?

Did he overstay at any point?

If he did overstay did he list this on any subsequent visa application?

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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He moved here with his family in the 3rd grade & lived here until he graduated college. After he graduate he went back overseas to play soccer, 2 years ago. He's not a citizen. He's been flying back & forth on a ESTA for the past year & a half.

He's currently here on a ESTA.

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Nothing you can do. AOS needs filing after marriage and the wait time for EAD is around 90d.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)

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He moved here with his family in the 3rd grade & lived here until he graduated college. After he graduate he went back overseas to play soccer, 2 years ago. He's not a citizen. He's been flying back & forth on a ESTA for the past year & a half.

He's currently here on a ESTA.

.

But how did they do it back then? was it a legal immigration getting him a green card or did he come over on esta and just not go back?


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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There is no way to get work authorization before the issuing of a fiancé visa, also once here on a fiancé visa there is no point to getting the work authorization before marriage/before adjusting status as it takes as long to get the authorization as it will be valid for so its a waste of money.

Now that your specific question is answered I can ask what Harpa asked. Please understand that we ask these things as we have noticed a potential issue and we are trying to help you.

Why are you doing k1 if he lives here?

Under what status was he living in the us from the third grade?

Did he overstay at any point?

If he did overstay did he list this on any subsequent visa application?

He doesn't live here. He flies back & forth & stays for 90 days at a time between his seasons.

He was under his parents work visa, not sure what the correct name is. He left before something was transferred to him as an adult, or something of that sort.

He's never overstayed. He's not in any situation that would prevent us from getting a K1 Visa.

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.

But how did they do it back then? was it a legal immigration getting him a green card or did he come over on esta and just not go back?

No they came over on a legal work visa. He was here legally for the the past 12 years.

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He moved here with his family in the 3rd grade & lived here until he graduated college. After he graduate he went back overseas to play soccer, 2 years ago. He's not a citizen. He's been flying back & forth on a ESTA for the past year & a half.

He's currently here on a ESTA.

Then he cannot work yet. It is illegal.

You have to marry, file AOS along with EAD/AP, then wait for EAD approval. Should take about 90 days after filing.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Ah that's great, so many people here have overstayed and then missed that out on the subsequent esta and don't realize that it would be an issue for their fiancé visa.

Then my first paragraph about the work authorization stands. When filing a fiancé visa he can't get the work authorization prior to getting the visa. You can't apply for work authorization when he is out of the country once he has the visa. once here on a fiancé visa but before marrying and adjusting the status it just isn't worth the money, as it may arrive after it is no longer valid.

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Then he cannot work yet. It is illegal.

You have to marry, file AOS along with EAD/AP, then wait for EAD approval. Should take about 90 days after filing.

I'm aware that he can't work on his current status & what happens once we marry & file the AOS/EAD/AP after.

I was trying to find out if there was something else that we were unaware of that we could do

Thank you for your help!

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