chrisandjulie

Hello all,

I have a question, when (or if) i get my k1 visa approved and move out to usa, then how do i get a job properly.

I understood that a fiance visa entitled you to work? Or is it once i get married then change my adjustment of status? If so from leaving the UK how long is it expected before i would be able to get a job?

Cheers

Chris

Tracym

Hi Chris,

As a K1 holder you are entitled to work. BUT... unless you enter the US through JFK, you won't have the stamp in your passport to prove it and an employer is unlikely to hire you.

And yes I know that is stupid.

So... if you come through JFK, you will have a temporary EAD stamp that will allow you to work for 90 days.

After you marry, you apply to adjust status and as part of that you apply for your EAD. Once that arrives, you can certainly work.

The problem is, it is possible (depending upon when you marry and how fast they are) that there will be a gap between the expiration of the temporary EAD stamp and the arrival of the actual EAD. During that gap, you are not allowed to work. As the spouse of a USC, you would be forgiven unauthorized work, but the employer could be fined.

As far as finding a job, and how long.... how long is a piece of string? Where are you moving, and what sort of work are you looking for?

chrisandjulie

ok so i guess its best to go through JFK then just to be sure.

You say how long is a piece of string? its not something daft like a year is it? Because i dont want to be unemployed nor can afford it for that long......

As for a job i dont think it would be too much of a problem, the only prob is that i'll be moving to vegas....my gf has a few contacts, i have a degree and 3 years management experience at 2 ftse 100s, so hopefully i would be fairly employable but i realise i will prob npot get as good a job as i have here to start with but i suppose its all part of the adapting, i just dont want to be unployed for such a long time.

Tracym

Hopefully you'd be fairly employable then.

My husband is a veterinarian, Chicago area - took him two months, although there were a few jobs he could have had sooner, but they weren't the ones he wanted.

Another fellow was over here in Florida - he was in IT management, banking - he had a lot of trouble. But he wasn't in an area that had a lot in his industry.

As long as the area has a fair amount of jobs in your industry, and its economy isn't too bad (I think Vegas is doing ok, someone else may comment) hopefully it shouldn't be too hard.

JFK does seem to give the stamp automatically - but remember to double check they've done it.

Again, do realize, unless you get married immediately, and file for AOS instantly, there will probably be a gap where you are not work-authorized - and an employer may not care to risk that.

chrisandjulie

ok, so is there no inclination of processing times for aos?

ian-mstm

Sure there is... from the date you file for adjustment until the date you get your green card in the mail, you're looking at anywhere from 8 - 30 months. However, you can renew the EAD annually (for as long as you need), so there's no problem with work authorization.

Ian

chrisandjulie

so say i got my temporary ead at jfk, at the end of the 90 days, say i got married after 30 days, how long will it take for the ead to be renewed? months? days? or could it even be at the end of the 90 days so i have no problems?

Tracym

Afraid that's the piece of string again.

Ours was 3 months, but I was amazed. I've seen people told to expect 6-9 months or so. People have been stuck in a name check (a criminal was out there with the same name) and taken more than a year or two.

However... when you apply for AOS, you apply for your EAD (employment authorization document). That should come in around 90 days or less, generally. So while you're waiting for the AOS (if you wait) you can work.

By the way - I don't know if you've already appled for the fiance visa, but if not... if you got married first (even a quickie legal thing) and then applied to come over as the spouse of a USC, you would enter as a permanent resident, and would be work authorized from day 1. It generally doesn't take much longer than getting a fiance visa. You could have whatever formal wedding you wanted later.

Also, some other things are simpler that way. Health insurance companies tend to not like people who are not permanent residents - that can get complicated. Might not be an issue for you, but just one to mention.

Some states, people have hassles with drivers licenses, etc. Usually solved though.

But entering as a permanent resident does simplify things. Downside... you'd be separated as a married couple, rather than engaged. And if (heaven forbid) you were not approved, that would be a mess.

Just an option that you might find worth considering (or not ).

Tracym

Ours was three months for AOS. They're transferring some cases to CSC, and usually approving without interview - we were one of the lucky ones. Of course, noone can count on that.

Again, we were lucky - got the EAD in about 45 days. So you might have no gap where you were not work authorized. But you're hoping it comes in 60 days - I wouldn't advise counting on that. You might be lucky... you might not.

Rete

Why bother going through JFK to get the work stamp? Once you are lucky enough to find employment during those 90 days they are valid for, you will have to quit or take a leave of absence if the employer is okay with that because you will no longer have permission to work. You will have to wait until your one year EAD comes in.

Over the last 11 years, it has been the norm to advise foreign fiancees to come to the US on the K-1 with enough funds (approx 3 months; preferrably 6 months) to last you until the one year EAD is obtained.

Use the down time to acquaint yourself with your residence and with being a spouse instead of a SO.

Tracym

I guess it's worth the bother, IF you get lucky.

Keith went through JFK and got the stam - he had the EAD in around 45 days, AOS in 3 months. So Keith was always work authorized - and would not have had to quit or take a leave.

However, I sure wouldn't count on getting that lucky.

English Muffin

Just to add another personal experience... my EAD arrived yesterday, 79 days after applying for it.

chrisandjulie

wow,

i was worried about the us international business knowledge otherwise my experience would not sell itself.

~Simliar to the fortune 500, the ftse 100 is the 100 biggest companies in the uk.

I get the drift, she was lucky, others are not so, still its good to get the basis of peoples experiences whether they have been lucky or not.

Rete

Yes it is good. An experience: 8 months looking for employment after entering with a K-1 and a stamp in the passport and a social security number to find a computer technology job when you have over 20 years experience and are looking in the metropolitan area of NYC.

chrisandjulie

Yep I'm starting to get the realisation of how stressful and tough this process will be.

I suppose I'll have to make do with bar work or whatever until I find that job.