Insight on Work Authrorization-K1 Visa

[MickeyB 15]

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!

[Harpa Timsah 13,258]

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

[zorus40k 21]

Wait for AOS after marriage and file together with AP

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

[Illiria 980]

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 June 7, 2016 by Illiria

[MickeyB 15]

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.

[TabeaK 516]

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

[Illiria 980]

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?

[MickeyB 15]

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.

[MickeyB 15]

.

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.

[Unlockable 7,306]

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.

[Illiria 980]

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 June 7, 2016 by Illiria

[MickeyB 15]

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!

[MickeyB 15]

Thanks everyone for your help. We knew it was a long shot but just thought we would see if there was anything he could do while here visiting.

Hopefully we will hear back about our expedite soon.

Thanks again!

[EM_Vandaveer 2,369]

He could just stay NOW, and you could marry & file for his GC (Adjustment of Status), AP and EAD. He'd get his EAD (work authorization) within 90 days of filing.

Edited June 7, 2016 by EM_Vandaveer

[MickeyB 15]

He could just stay NOW, and you could marry & file for his GC (Adjustment of Status), AP and EAD. He'd get his EAD (work authorization) within 90 days of filing.

Is that legal?