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Filed: K-1 Visa Country: Russia
Timeline
Posted

Is it possible to apply for a work permit without applying for a green card/Adjustment of Status, and if so is it a bad idea ? I heard it is possible, but that it looks bad to employers and they supposedly dont want to hire anyone without a green card- even if they have a work permit. I'm asking on behalf of my fiance- We had to spend her AOS fee on her mother's hospital bills and she wants to legally work very badly and keeps pressuring me to get more information to see if its possible to get a work permit without paying for the Adjustment of Status/Green card fee. Yes I was told it's asinine because it's a free Work Permit when you apply for the Adjustment of Status, I just want to know if its true and possible or not.

 

Thanks,

 

Marko

Posted (edited)

Short answer:

No

 

Longer answer:

Technically, yes you can apply for an EAD without applying for AOS.

Practically, doing so is completely pointless and a waste of money. The EAD takes 4+ months to obtain right now. If you apply under your K-1 status alone, the EAD will expire 90 days from your POE. It would be invalid before they even issue it.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Russia
Timeline
Posted

POE is  day of entry to the USA? Or the 1st day of the 90 day timeline for the K1 fiance visa? If I understand you, the EAD takes 4 months from start to finish to receive and it becomes automatically ineligible once the 90 days have expired ?

Posted (edited)
2 minutes ago, durden2128 said:

POE is  day of entry to the USA? Or the 1st day of the 90 day timeline for the K1 fiance visa? If I understand you, the EAD takes 4 months from start to finish to receive and it becomes automatically ineligible once the 90 days have expired ?

Yes - POE is the day you entered the US on the K-1 visa.

 

Yes - it would take over 90 days to obtain, so even if you applied for it the same day as you entered the country, it would be expired before you could even receive it.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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