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DmytriiD

Work Authorization while on K-1 (before and after I-94 expires)

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Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

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2 minutes ago, DmytriiD said:

Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

Are you doing k-1? K-1 needs to do AOS (to  be able to stay and reside) and EAD (for work)


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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1 minute ago, Alabamak1 said:

Are you doing k-1? K-1 needs to do AOS (to  be able to stay and reside) and EAD (for work)

yes K-1...but why then Embassy let me know that if it is not applicable !? Just trying to find a logic...lol

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6 minutes ago, DmytriiD said:

yes K-1...but why then Embassy let me know that if it is not applicable !? Just trying to find a logic...lol

they must have been confused, because that would apply for a CR-1, not in your case

 


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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it can be translated.

 

You dont need to post it. I was just curious as to what its for. If you post it we can translate/read it and tell you what is applicable for. But K can not get work permits until aos is filed. So its not applicable for you and was most likely given to you by mistake.

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Posted (edited)
3 hours ago, DmytriiD said:

the letter is in Ukrainian from the US Embassy...

i have a ukranian wife....just post it. we would love to see this. I just told her about it, and now she is interested. She speaks both russian and ukranian fluently

Edited by Alabamak1

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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14 hours ago, DmytriiD said:

Hi all,

 

I got a paper with notes and instructions together with a sealed envelope and my visa from the Embassy which says that I am able to request to issue me Permit to Work at POE. It says that some USCIS offices at POE have a right to issue it immediately as per officer decision at POE, it also says that otherwise request it after marrying a US citizen.

 

So the question is did someone do it before? Was it successful or not? What can you tell about that?

I will be entering at Orlando MCO Airport. How to check if their office has a right to do so?

 

Thanks!

You were given a generic note for a Spouse Visa holder, which doesn't apply to you, 

As it's been mentioned above - as a K-1 visa holder you are eligible for an Employment Authorization only after or along with I-485 submission.

 

 

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Many years ago a K1 could get a stamp on entry that served as a temp EAD.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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11 hours ago, Alabamak1 said:

i have a ukranian wife....just post it. we would love to see this. I just told her about it, and now she is interested. She speaks both russian and ukranian fluently

Hi, so I attached this note to this message...

It has questions and answers on this paper and one of it regarding this matter.

So the question is: "Can I start working in the US before getting married?"

The answer is: "No. K-1 Visa does not give you a right to work if you do not receive permits to work separately. It is expedient to ask immigration officer about it while entering the US at POE: some USCIS offices can issue such permit immediately. Otherwise, you will need to apply for it separately after entering the US. "

photo_2018-08-08_15-58-51.jpg

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8 minutes ago, DmytriiD said:

Hi, so I attached this note to this message...

It has questions and answers on this paper and one of it regarding this matter.

So the question is: "Can I start working in the US before getting married?"

The answer is: "No. K-1 Visa does not give you a right to work if you do not receive permits to work separately. It is expedient to ask immigration officer about it while entering the US at POE: some USCIS offices can issue such permit immediately. Otherwise, you will need to apply for it separately after entering the US. "

photo_2018-08-08_15-58-51.jpg

As I said possible many years ago.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

As I said possible many years ago.

Wow... Thanks for info - good to know.

 

I wonder why they stopped doing that - would be really great and it would save USCIS a lot of time . Especially now, taking into account current processing time for EAD - every day we see that someone asks for a help or an advice to expedite Work Authorization.

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Yup, a temp stamp used to be issued but that's not current practice.

 

Technically a K-1 visa holder can get an EAD prior to marriage and/or AOS, although current timelines for the I-765 make this impractical as it would expire before they even issue the EAD (it is only valid for the 90 days from POE). Back when it was taking only ~30 days, this was a somewhat viable option to work prior to AOS, although had obvious risks of a period of not being authorized to work between the end of the 90 days and when the I-485's EAD would be issued.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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