Work permit

[RedAndBelle2019 1]

Hi everyone

 

I hope everyone is doing good in these difficult times and staying safe.

 

Its been a while since I was on here. 

 

Not sure how updates work on here, so I’ll just do it like this, since I also need some help, aka advice.

 

1.Im from Slovenia, fiancé is from hawaii

2. Filled for K1 visa, got it approved. 

3. Moved to Hawaii on my K1 visa

4. Got married within the 90 day limit

 

Current situation: Living in Hawaii, we are married,  but we have not applied for adjustment of status yet, since money has been kind of tight with everything going on in the world. 

 

My question is, can I apply for a work permit before we do the adjustment of status? It’s less expensive, so we would manage to save up for it somehow.

Ive read people applied for a work permit within the 90 days, but am I still allowed to do it after the 90 days, before filling my adjustment of status? 

 

Anyway, thank you to anyone who answers, and I hope you all are staying safe.

 

 

[geowrian 22,337]

11 minutes ago, RedAndBelle2019 said:

My question is, can I apply for a work permit before we do the adjustment of status? It’s less expensive, so we would manage to save up for it somehow.

Ive read people applied for a work permit within the 90 days, but am I still allowed to do it after the 90 days, before filling my adjustment of status? 

You can apply for an EAD (work permit) within the 1st 90 days from entry on the K-1 visa. But it is only valid until that original 90 days from POE expires. Also, it usually takes well over 90 days to get right now. And you have to pay the filing fee either way.

So...this is a worthless path. Don't waste the money or time or effort (not certain if you are past day 90 or not already...if so, even worse).

Logically, that part makes sense...you only have status for 90 days via the K-1 visa. You have no basis to work legally after those 90 days, so an EAD after those 90 days doesn't make sense (unless obtained via another source...like AOS).

 

You can apply for an EAD alongside AOS. There is no additional fee for the EAD or AP (I765 and I-131) when filed due to AOS.

Edited May 2, 2020 by geowrian