Nik+Heather

So a lot of people have said this over and over, but people keep getting hung up on what the SSA says, or if JFK hands out stamps, or if they see any wiggle room in the I-9. The only way a K-1 can work as a K-1 (and not an adjustment applicant after marriage) is by applying for an EAD and paying the $340. It will arrive in ~60 days, and be valid until the I-94 expires.
Other helpful tips before proceeding to read below: DHS (Department of Homeland Security) is the encompassing body for CBP (Customs and Border Protection) and USCIS (United States Citizenship and Immigration Service) CBP and USCIS are two different departments, and one cannot do the job of the other - so when a CBP official puts a stamp claiming to "authorize work" on to a piece of paper, that is not the same as USCIS issuing an employment authorization document.
As Gary says, what's in the law is the ultimate source, the I-9 etc. is an interpretation of that. Here's what the law says:
I would love to strain my eyes and try to follow the proper nested references for you to quote it to you properly, but It's so much easier if you just go to the eCFR and do a find on the words. I used the classification - you can see a lot about what the law actually has to say about your class of admission on a K visa there....It is clear here that no POE stamp makes a K-1 eligible to work. You need to apply for an EAD with the accompanying fee of $340.
http://ecfr.gpoacces...&idno=8#PartTop
You can find it yourself if you google "ecfr" (for electronic Code of Federal Regulations) and then go under Title 8 for Aliens (&DHS) and then look under part 214 (Non-immigrants)
You can use that same resource to go here and read: http://ecfr.gpoacces...54.2.1.1&idno=8
Remember, (a)(6) is for fiance's, as in the above paragraph....

I came with a picture of the preacher from Poltergeist, but you have won this round. And all subsequent rounds, forever.

For all practical purposes, the K-1 entrant cannot work until after the following things happen: They get married, then they get the marriage certificate, then they file for Adjustment of Status ("AOS" w/ I485) AND for the Employment Authorization document (EAD w/I765 as Vanessa says), AND then the EAD or green card must arrive in the mail (60-90 days later) before the K-1 entrant can work. They will also need a social security number, but this can be obtained in parallel while the I-94 is unexpired.
The K-1 entrant does not have to apply for the EAD concurrently with AOS. In this case, they would wait for the green card. In some cases, the GC is approved before the EAD anyway. However, the fee for the EAD is waived if filed concurrently or after filing for AOS, so no reason not to.
All K-1 entrants should plan on at least 2-3 months out of work, PLUS all the time they spend before the marriage, and any extra time it takes to get the marriage certificate. In some states that is not an insubstantial amount of time. I think a lot of people seem to forget about the marriage part of the equation. That's a part of the process that you do have control over.

It's not too scary, but it is a bit difficult to find! It's on Central, but there is free parking there, or there is a light rail stop within EASY walking distance (It didn't look like that on the map, so we drove, but when we got there, it was right on the corner of the parking lot).
When you get there, you'll turn into the center headed west, and then you'll go around the south corner of the building (Starbucks is in the corner of the building) and then continue west a little ways more. There's more parking just back there, and when we went, all the spots back there were empty. You go in the dark glass door (it's marked pretty clearly) and there's an industrial looking elevator lobby. Go up the elevator to the second floor, and then when you get out you're RIGHT on the security screening. We went up at the same time as another guy, and with 3 it was actually a little crowded.
The security guys are some of the most pleasant security screening guys I've ever come into contact with, but they are also quite diligent. I was scolded more than once for putting my hands in my pockets. (lol). Anyway, they'll peer into your bags, and you'll walk through the most sensitive metal detector EVAR. So, don't be surprised when they wand you after going through even if you take off your belt etc.
There are a lot of chairs in the waiting area, but there weren't that many people there. The security guy will take your appt letter (after checking your IDs- Drivers' licenses work as well as passports) and put it in the basket. We waited ~10-15 minutes before an immigration officer came to get us.
Our officer was particular, detail oriented and serious, but not at all mean. Every step of the way they told you what to do. ("sit there" "Don't move the chairs" "don't lean forward" etc) She said that they were going to record audio and video of our interview, and there was the swear to tell the truth thing, and then we got started.
She asked:
Various questions off of the I-485 and other info in the files. Dates of birth for us, parents' names, all of those "are you a dirty pinko communist??!" yes/no questions. Nik hesitated on the year (but not month and day) of my birthday, but got it in the end...
Then she asked about Nik's entries into the US: "You entered in Feb 2009. Tell me about that trip"
That's when the interview took a bad turn, because Nik drew a complete blank, and she prompted him about entering in Atlanta (maybe after he hesitantly mentioned his K-1 entry in JFK). I think that there was now quite a bit of fluster going on so he definitely couldn't remember, so I hinted "Hawaii?" and he looks at me like I was from Mars, so I say "The wedding???" and the IO told me NOT to answer for him any more, because it was going to call anything else he said into question. This was a firm warning, which I took seriously, and literally bit my tongue, but she wasn't being mean, and I think it was quite fair, looking back. Anyway, that seemed to shake things loose, and he said with some relief, "Oh yes, we attended a friend's wedding in Hawaii" Which I'm sure didn't help any because it was just parroting back what I had said.
Anyway, we talked a little about the other trips back and forth (mostly just dates), and Nik did a little better there. Then we talked about the wedding. Things got back on track there when Nik could confidently answer about the location of our wedding, and the date, and who attended, etc. We had printed out some digital pictures on regular paper, of the wedding, some of the family events before and after, and of a party we had gone to after that etc. I thinks she appreciated that, because she could easily put it into our (enormous!) file. I mean, I am not of the front-loading school, and they had 3 inches of paper on us. crazy.
Then she asked a rather open ended question about the financial mingling of our lives. We showed her our identical health, dental & car insurance cards, identical credit cards, debit cards, and a voided check from our joint account showing both our names and our address on there. She asked if his name was on the house or any bills, and I explained that I had bought it before we married and we hadn't changed anything over.
Then another open ended question about "anything else we'd like to tell her" Feeling rather conscious about being under oath and recorded and the admonishment not to answer for Nik, I sort of asked "well, is there anything else you want to know or standing in the way of approval?" I mean, we'd brought a large bag full of other things to show her, so...Anyway, it was communicated that nothing further was necessary, and she said OK, now, about this Civil Surgeon form....haha, but that's another story.
I think if we were getting a straight up approval instead of a hand delivered RFE, she would have taken Nik's AP and EAD, but since she thought it might take some time, she let him keep those, with instructions to destroy them when the Green card arrived. She showed us the approval letter, and said it was just this pesky wrong-signature line on the I693 that was holding things up, and that otherwise there was no problems, and if we could get the RFE taken care of today, she would leave our file open for the rest of the afternoon if we could get back THAT day. Well, we couldn't, but we mailed it off that same day, and she approved it two days later, just the day after the response arrived at the office.
Overall, I found the experience to be straight forward, honest, and fair. I also felt like we got our share of scrutiny. We weren't given a free pass. However, I think the recommendations here on VJ for what to bring and what sorts of proofs will allow you to prepare very well so that you can have an experience as smooth as ours. The only thing I would do differently would be to review some specifics together, like the dates of the visits etc, because it's easy to get flustered and forget the answers to those types of questions.
Good luck!

Just because the interview is scheduled doesn't mean the visa is immediately forthcoming.
AP is always a possibility, you know.
Just saying.

You were gone?

For all practical purposes, the K-1 entrant cannot work until after the following things happen: They get married, then they get the marriage certificate, then they file for Adjustment of Status ("AOS" w/ I485) AND for the Employment Authorization document (EAD w/I765 as Vanessa says), AND then the EAD or green card must arrive in the mail (60-90 days later) before the K-1 entrant can work. They will also need a social security number, but this can be obtained in parallel while the I-94 is unexpired.
The K-1 entrant does not have to apply for the EAD concurrently with AOS. In this case, they would wait for the green card. In some cases, the GC is approved before the EAD anyway. However, the fee for the EAD is waived if filed concurrently or after filing for AOS, so no reason not to.
All K-1 entrants should plan on at least 2-3 months out of work, PLUS all the time they spend before the marriage, and any extra time it takes to get the marriage certificate. In some states that is not an insubstantial amount of time. I think a lot of people seem to forget about the marriage part of the equation. That's a part of the process that you do have control over.

So a lot of people have said this over and over, but people keep getting hung up on what the SSA says, or if JFK hands out stamps, or if they see any wiggle room in the I-9. The only way a K-1 can work as a K-1 (and not an adjustment applicant after marriage) is by applying for an EAD and paying the $340. It will arrive in ~60 days, and be valid until the I-94 expires.
Other helpful tips before proceeding to read below: DHS (Department of Homeland Security) is the encompassing body for CBP (Customs and Border Protection) and USCIS (United States Citizenship and Immigration Service) CBP and USCIS are two different departments, and one cannot do the job of the other - so when a CBP official puts a stamp claiming to "authorize work" on to a piece of paper, that is not the same as USCIS issuing an employment authorization document.
As Gary says, what's in the law is the ultimate source, the I-9 etc. is an interpretation of that. Here's what the law says:
I would love to strain my eyes and try to follow the proper nested references for you to quote it to you properly, but It's so much easier if you just go to the eCFR and do a find on the words. I used the classification - you can see a lot about what the law actually has to say about your class of admission on a K visa there....It is clear here that no POE stamp makes a K-1 eligible to work. You need to apply for an EAD with the accompanying fee of $340.
http://ecfr.gpoacces...&idno=8#PartTop
You can find it yourself if you google "ecfr" (for electronic Code of Federal Regulations) and then go under Title 8 for Aliens (&DHS) and then look under part 214 (Non-immigrants)
You can use that same resource to go here and read: http://ecfr.gpoacces...54.2.1.1&idno=8
Remember, (a)(6) is for fiance's, as in the above paragraph....

For all practical purposes, the K-1 entrant cannot work until after the following things happen: They get married, then they get the marriage certificate, then they file for Adjustment of Status ("AOS" w/ I485) AND for the Employment Authorization document (EAD w/I765 as Vanessa says), AND then the EAD or green card must arrive in the mail (60-90 days later) before the K-1 entrant can work. They will also need a social security number, but this can be obtained in parallel while the I-94 is unexpired.
The K-1 entrant does not have to apply for the EAD concurrently with AOS. In this case, they would wait for the green card. In some cases, the GC is approved before the EAD anyway. However, the fee for the EAD is waived if filed concurrently or after filing for AOS, so no reason not to.
All K-1 entrants should plan on at least 2-3 months out of work, PLUS all the time they spend before the marriage, and any extra time it takes to get the marriage certificate. In some states that is not an insubstantial amount of time. I think a lot of people seem to forget about the marriage part of the equation. That's a part of the process that you do have control over.

NO. You are a K1 from your profile, you would NOT file an I-130. Did you mistype and mean to type I-131?
To answer your question (hoping it was a typo), you would file the I-485 (AOS), I-765 (EAD) and I-131 (AP). You don't HAVE to file the AP and EAD, but they fee for them is "waived" when you file them with the AOS documents. NOT having them means your fiance cannot work, or leave the US until he has his GC.
As a side note, please see the Aussie specific threads in my signature which should help with your process

Julian...
You have no idea how much I am biting my tongue right now, because quite frankly you are being a jerk to me for no reason.
How many times out of ALL THE PEOPLE ON VJ have I offered help and advice to your fiance? How many times have I said try this or do that to help you both? HOW MANY?
If you refuse to get the point of my asking for proof that getting out your little black book helped, then refuse to do it. I refuse to try to talk sense into people who have used my advice in the past, but all of a sudden have decided I am picking on them for no reason. Quite frankly with the number of times I have backed you BOTH up, and tried to help on numerous occassions when other people here wouldn't have pressed one single button to answer anything either of you have asked, I think you've just managed to make me see I have wasted any and all effort with ever trying to help the both of you. Thank you for making that clear. I'll refrain in the future from ever lifting a finger in your defense or advice again, it's not worth it.

"Eligible for an interview" just means they have your info at the Embassy. Get an interview date within the next week or you're still just "waiting on line" like the rest of the UK hopefuls....

In answer to this, its mainly because you get your ability to cross back and forth freely, and and immediate Green Card upon activating your VISA, the K-1s have about a 9 month wait to get their VISA, then another 3-5 month wait to obtain these priveledges through EAD, AP, and AOS process, as well as paying yet MORE fees to get them. Factoring that in, the CR-1 is actually faster overall, as well as cheaper.

Oh my God, these two aren't even real, peeps. This is a total wind up.

What makes an engagement any less important??
I can only speak for myself here, but we had thought of getting married beforehand and proceeding with a CR1 but this was the better route for us....
I don't think it's fair to say what's more important here, we are all going through a VISA process......

It's important to listen to the terms they use. Marlea is right. That the issue is being expedited within the MP's office doesn't mean that the US embassy will expedite your case, or even do anything with it aside from check the dates and numbers, given that it's within a normal processing time. The "resolution" referred to likely means that the MP's office expects to have an answer for you--which may just be that you have to sit tight.
With USCIS cases, there are specific criteria for expediting cases, and what other entities can do (MPs, members of congress, etc.) is typically limited to alerting CIS to a situation or, if a case is outside normal processing time, which is determined by CIS, making an inquiry to make sure the case hasn't fallen through the cracks.
From what I know about US immigration, the functionaries at the embassy aren't going to start scrambling to approve a case on a normal timeline, barring an emergency (and the list of what CIS considers an emergency is rather short), no matter what mucky-muck's office is inquiring on his behalf.

"expedited within the MP's office" does not equal expedited in the US Embassy.

I don't know if you noticed, but the person who started the K-1 thread returned her forms to the embassy in May...

I can understand that yer freaking out,
but
many times, since 16 March 2010, you were advised to seek an immigration attorney.
I have to assume, since yer still freaking out, that you did not do this.
It's been many months - why did you not seek out an immigration attorney?
What's going on? What was preventing you from seeking an immigration attorney?
Your situation is really beyond the scope of a 'do-it-yourself immigration website'. You really need to find an immigration attorney, that specializes in deportation cases, immediately. What have you been doing since the 16th of March, 2010?? I worry you, much, because you were given sound advice, then.
What's your wife's input on all of this?
*** not a DCF question, moving to 'Adjustment of Status (Green Card) from Family Based Visas' forum ***

Melissa/Julian, 5 months is well within the normal timeframe for getting a K1 visa. Just like everyone else, you need to WAIT. Both of you need to develop some patience.
Melissa, I was under the impression that the reason you didn't file the first time around was because you slept with Julian's best friend? (Correct me if I'm wrong). Please don't insult all the people stuck in AP or facing actual delays that they didn't bring on themselves.

I'm taking it personally because I don't like when people try to buy, talk or cheat their way around the rules. The rest of us are doing what was asked of us, and you should to. I've seen both of you go on and on about how hard you have it for months now, completely unaware at how good you have it. I care so much because, if you and Julian had it your way, he would jump the queue and have his interview before me, Dodi, Rob & Jill and all of the many others on this board who have been trying to wait patiently. And I think that is incredibly unfair of you both. You are both basically saying that you are more important that the rest of us, that you deserve a visa faster than we do, and that isn't true. That's why I'm taking in personally, because by behaving the way you both are, you are inadvertently (or possibly intentionally) being very disrespectful to the rest of us who are trying to follow the rules.

Please tell me why we here in tthe US would care what a British official has to say about our policies and procedure in the visa process.

Did you tell him that your processing time, while "ridiculous", is actually standard and that you were basically asking for him to get involved so that you can jump the queue? There are others that have been waiting longer than you have. Why should your visa become more important than someone else's? And don't MPs have better things to do with their time than help their constituents leave the UK permanently?

You just have to keep perspective. Also remember that you have been fortunate enough to see your fiance during the process. Our visa may be going a bit faster than yours, but I have only seen my fiance once in the past two years and have been together for four. Money and work schedules have made things difficult. So I feel quite fortunate that our process is going quickly, but even if my fiance gets is visa soon, he won't be flying over here until after Christmas. You really have to see the bigger picture because there is no use in worrying and fretting over having to wait a few extra days.

This story is not new. The Irish were going to ruin us, then the Chinese were, then the Mexicans (even now) and the Muslims. There have been outcries against Catholics, and the other eastern religions. It's not like this is the first time these sentiments have been expressed, and it turns out that the world didn't end afterall.