paul_1985

Happy Sunday everyone,

I am not sure if it is because I am tired but I am getting very confused about one subject.... when can I work in America..

My girlfriend has submitted the I-129f about 6 or 7 weeks ago now and I am starting to plan ahead for whats next and our longer term plan for when I get to America.

I will be entering the US on a K1 visa, hopefully sometime around April/May of next year, when will I be able to work?

We plan on getting married as soon as we can after I enter the US dependent on when I can fly my parents over for the ceremony. As I understand I then apply for my AOS, can I work in between this? Do I have to wait until I have a green card in hand? What's the average sort of wait time?

I'm fortunate enough to have enough money to take an extended period off of work, but I am terrible at sitting at home!

Thanks
Paul

Pulaski

It will likely be about a year after you file the paperwork after getting married before you have your "green card in hand".

When you file the "mandatory" paperwork after getting married, you will (be able to) also file a request for an Employment Authorization Document (EAD), and for Advance Parole (AP). When you have you EAD in hand, then you can work. At the moment it has been reportedly taking 90-120 days for EADs to be issued, though some report as little as 40-50 days. It may also be possible to get your local congressman to jolly things along for you.

You cannot leave the US, at least not without causing your adjustment of status to be aborted, until you have received your AP.

If you are concerned about not being able to work for 5-8 months (depending on how soon you get married after entering on your K-1) then a CR-1 would be a better choice, as you would be able to work immediately after you clear immigration, literally right there in the airport if you had a job lined up!

paul_1985

Thanks Pulaski!

Already filed the K1 so looks like we're stuck down this route now.

Honestly I can probably afford 6 months off work but obviously would rather not. One of those people that has worked constantly since college.

Upto 8 months off work makes me buckle at the knees! What does someone do with 8 months off work???

Thanks,
Paul

Pulaski

You're welcome.
Sorry, I can't help you. ... I came in on a CR-1 and started work 6 days after entering the US.

Rete

There is no reason that I know of that says you won't be able to work for 8 months after coming to the US.

It's all in the timing. Since you know you are coming to the US to marry and remain, then make your plans accordingly. For example, once you have the I-129F approved in the US and as it is making its way to the US Embassy, then you and the future wife print out the I-485 for adjustment of status, the I-765 for employment authorization, I-131 for advance parole, I-864 affidavit of support. You can have all of these documents completed before you are even here and married with the exception of the date of the wedding, wedding pictures and certificate copy of the marriage certificate (note: not the marriage license but certificate). Once you have those, then you can mail everything in to the USCIS and get the ball rolling. Once the documents have been filed you will receive a notice for biometrics. The biometrics is what will be used to make your employment authorization document. You will receive that anywhere from 30 to 90 days after biometrics. So the onus is on you and her to have the wedding asap after you get here and the paperwork ready to be filed as soon as you have the required evidence in hand. Timeframe for that if planned for ahead of time would mean 1 to 4 months.

Then the ball is in your court as to whether or not you can find employment quickly in your field.

You will know ahead of time when the US Embassy interview will be as you will make that arrangement yourself. While it is not recommended to make non-refundable flight purchases before having the visa in hand, you will at least have the opportunity to look for them for yourself and parents.

Please note that the adjustment of status paperwork are multiple forms but ask a lot of repetitive questions so doing them is really not difficult at all. Read up now on what you both need to do, come here ask questions, and have an easier time of it so you can enjoy your wedding.

While we did it in 1998, my husband had his fiancée visa that June, came to the US that August, we had a small wedding at a lovely venue that September 26, took the completed marriage license from the officiant who married us and hand carried it to city hall for filing and made our marriage certificate waiting for us when we returned from our honeymoon. With the adjustment paperwork completed previously with the exception of the wedding and honeymoon pictures, we mailed the paperwork back to USCIS two weeks after the wedding and he had his EAD in hand by November.

Pulaski

If you get married one month after arriving and getting EAD takes three months that would be four months before you're able to work in the best case scenario, and for many people that is the best case scenario.

If you don't get married until close to the end of the initial 90 days, and EAD takes four months, then you can easily get to seven months.

Is it possible to do better then eight months? Obviously yes! .... But it is only fair to advise people of what situation they could possibly be in so that they are prepared rather than paint a rosy picture of the best possible scenario, isn't it?

LandOfLincoln

8 months is great length of time for a project! I don't know what you're into, but in eight months you could write a book, master a new skill, get a professional qualification, remodel a house, compose a cello sonata...

I say this as someone juggling numerous duties (applying for law school, running a political blog, dealing with US immigration) all while holding down a perennially demanding-yet-unsatisfying day job. Eight whole uninterrupted months to focus on a side hustle sounds like heaven from where I'm standing

Rete

Not refuting that, but as I posted, it is all in the timing. Also we have seen people get their EAD's quite quickly with the involvement of their spouse's public servants. They know they are getting married and the purpose of the K-1 is such that it is not a let's try it out for 90 days visa but you have to submit a letter stating your intent to marry. The wedding is planned, the guests invited, and the plane tickets bought for the out of country relatives. So you get a handle on the paperwork, fly into the country two weeks before the wedding, get married and two weeks later file for AOS. There you go, with planning and efficiency, you should have your EAD within 4 months, not 8 months which was the long end of the ruler you used. And if this young person has a career with the education and experience that makes him in demand and he is going to live in an area where the jobs are, like other posters, he could have that EAD within 2 months of getting here.

But human nature latches on to the last number and goes ballistic thinking this is what is going to be their scenario. I'm just trying to mitigate, Paul, who did latch on to that number by affirming that it is unlikely that that will be his case if he is thorough, organized and plans.

Of course, the CR-1 route is ideal for many couples but for others it isn't and they go the K-1 route. Again, you plan for the time of not working to assimilate yourself to the foreign country you are living in, job search and interview and enjoy a nice long honeymoon. The added plus is if he is knows his way around a kitchen and has dinner made for her when she gets home from work and he knows how to use a washer and dryer for the laundry and how to operate the vac. She may never want him to work.

Rete

Also what was not discussed is that he is able to work for those first 90 days although he will not have an EAD to prove that right. So if he can telecommunicate with his present employer while in the US for those 90 days, he can still work.

Pulaski

In response to your "There is no reason that I know of ...." I was just educating you.

In any case I know what you said is certainly "possible", but rather like family budgets in the 21st century you seem to find it difficult to grasp that there are alternative scenarios to your own experience.

paul_1985

To confirm - I can't work for a US company during this time?

I have a job offer from a US company based in NYC (where I'll be living) but only after I have my authorisation to work.

Also - brilliant idea of getting everything prepped, I am a Project Manager here so organised and prepared make me excited!

Paul

Rete

Now you have a degree in education?

Make of it what you will. I do know and agree there are worse case and best case scenarios. Don't find either case difficult to grasp. Again, you are missing the point. I was merely pointing out how the OP could turn this into the best case scenario for himself. Continue as you are. I've no desire to change your perceptions from a glass half empty to a glass half full.

Rete

The problem is that HR will want to see the physical employment authorization card. The ability to work for those 90 days is spelled out in the Fiancee Visa. So unless HR knows the law, or their attorneys do, they will not allow you to work. If they did allow it, you would have to take an unpaid leave of absence for the period between the 90 days of the visa and the receipt of the actual EAD.

Since you have employment lined up, make use of your wife's political representatives. All of them, from New York State Representatives and New York State Senator (note this is not the federal government but the state government) have liaisons with USCIS and as have been seen in the past, an inquiry by them will be helpful in getting an EAD faster than the normal route. Marry, file the paperwork, wait a few weeks and then contact the person you have chosen and ask for their assistance as you have employment lined up but can't work without the EAD. Could you assist me in getting the EAD so that I don't lose this opportunity.

Noorah101

Hi Paul,

Most US employers will need you to complete an I-9 and provide certain types of proof of eligibility to work in the USA. Unfortunately you won't have this proof until you have your EAD.

Your UK employer doesn't need an I-9, so you could legally continue to work for them.

Keep in mind that if you do find a US employer who does not require an I-9 ( not likely, but just saying), then yes, you are allowed to work for them your first 90 days in the USA.

Rene

Pulaski

But it will create an ugly tax situation because if he's on the UK payroll he will have British income tax and NI deducted, but will be liable for US income tax and payroll deductions.

So unless he can switch to an independent contractor status in the UK and be paid gross in the UK and then pay his income and payroll taxes in the US as someone who is self employed, he is going to create an unholy mess and end up, in the best case scenario having paid both SS and NI contributions.