[email protected]

Hi all,

Hopefully someone will be able to clear this up for me

I am waiting in the US on a K1 Visa to get married on August 11th.

I understand I have a valid I-94 till September (I already have my
Social Security), and after my wedding
I have to file for AOS to become the spouse of a US citizen.

Although I was not originally planning to work till after the wedding
I have been
contacted about several great job opportunities, and I need to clear
up when / when I
can not work.

I read somewhere that I cannot work whilst my AOS is being filed, is
this still true
even though I would still be within my original 90 days temporary EAD?

If anyone has had this similar situation I would be grateful to hear
from you, or if anyone
can point me in the direction of some more information

Thanks,

Kev

meauxna

[[email protected];
Although I was not originally planning to work till after the wedding
I have been contacted about several great job opportunities, and I need to clear up when / when I can not work. QUOTE]

Simple.
You are authorized to work for your first 90 days in the US.
An employer can hire you if you have specific evidence of that, namely an EAD stamp from ther entry (JFK is most common). If you do not have that stamp, it's up to the employer.

After marriage, when you apply for AOS, you can also apply for a work permit ("EAD") to tide you over until you get your Green Card. It takes about 90 days to get an EAD from the day you file.
When your EAD is approved and in your hand, you can be hired.
Between the end of your 90 days and EAD in hand, you are not employment authorized.

[email protected]

Oh :/

So much for me trying to be a productive member of society :/

Not working until essentially November is not ideal, but I guess there
is nothing else I can do.

Thanks for the info

Kev

Just Jenney

Also, the employer will require proof of SSN or proof that an SSN has been applied for. The OP doesn't say if he already has an SSN or not.

~ Jenney

Rete

As well you cannot get your K-1 while you are living in the US. Also if the I-129F has not get been approved and sent to the relative US Consulate abroad yet, there is little chance that you will have it in time to return to the US to marry under the K-1.

[email protected]

On Jul 11, 8:57 am, Rete <[email protected]> wrote:
> > Oh :/
>
> > So much for me trying to be a productive member of society :/
>
> > Not working until essentially November is not ideal, but I guess there
> > is nothing else I can do.
>
> > Thanks for the info
>
> > Kev
>
> As well you cannot get your K-1 while you are living in the US. Also if
> the I-129F has not get been approved and sent to the relative US
> Consulate abroad yet, there is little chance that you will have it in
> time to return to the US to marry under the K-1.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com

You seem to be misunderstanding me.

I already have a K1 visa (that's how I entered the country (USA in
June)), I have a SSN.

Now I have a 90 day Temp EAD but as soon as I get married and file for
another EAD and AOS, I can't work? seems ridiculous?

Has anyone had an EAD issued recently that took less than 90 days, I
had a look on a .gov site that said work authorization waiting time
for
my area was 1 day... which I find equally as had to believe as 90
days.

Kev

Just Jenney

First, my apologies to the OP – before my last response I didn't see that he said in his first post that he already has an SSN.

From reading his first post, though, I got the impression that he has recently entered the US on his K1 visa, probably some time in the past few weeks, and that his 90-day K1 period ends some time in September. Assuming that's correct, then he essentially has through the end of this period – 90 days from when he entered the States on his K1 visa – to work. Hopefully the OP can tell us if this is his situation.

~ Jenney

Noorah101

I agree the OP CAN work and has the SSN and is good to go. However, unless he has the temp EAD stamp from JFK POE, it will be really hard to prove to an employer that he is work authorized. He can certainly TRY, and give it a shot, and who knows, maybe the employer will understand that a K-1 entrant is work authorized for the first 90 days of his stay here..even though he has no proof of such. It would be good experience for him to interview and give it a try anyway. Other than that, he'll have to wait for the EAD to come in the mail.

Rene

ian-mstm

Is it an unrestricted card or is it valid only with authorization? If it's unrestricted, get yourself a driver's license (if you can) and use the SSN and DL to satisfy the I-9 requirements for employment. An employer can not choose what identification you use for the I-9, and he can not discriminate against you based on some future expiry date for your employment authorization.

To reduce any future wait time, file for adjustment and EAD (and AP if you want) the day you get the marriage certificate in your hand.

Ian

Rete

Sorry, yes I did misunderstand you.

Why did you enter so early if you were not marrying until August 11?

The K-1 work issue and the one year EAD problem has been around since I first started this route over ten years ago. There is a gap between documents. The employer can either hire you and allow you an unpaid leave of absence until the one year EAD is received or they can still employ you, pay you, and worry about any reprecussions if they are caught. There are no reprecussions to you.

Not in recent years.

Rete

BTW there is no district office in all of the US that will turn around an EAD in one day. The EAD application goes to the Chicago Lockbox with your I-485 and other documents. From there it goes to MSC. From there you get an appointment letter for the biometrics. From that point on you wait for it to arrive in the mail. If your appointment for biometrics is quick, your EAD will arrive usually inside of two weeks.

As we old timers know, if you NEED to work, you don't enter the US on a K-1 until the day before you marry. You scramble to the SSA to get your social security number ten days later and then you job hunt. During those ten days you complete the I-485 and other documents and when you get your hands on the registered/certificate marriage certificate you mail everything to the Chicago LockBox.

But we also know that you should have saved enough money to support yourself for at least 6 months since it will take from one to three months to get the EAD and another couple months to find a job.

PHILLY2004

Why not get legally married at the court house or somewhere else quick. Then file your AOS now before the fees go up (7/30)? You’ll have your EAD faster and save yourself some $$. You can still do your wedding 8/11.