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K1 Visa and Work

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Old Feb 1st 2009 | 8:32 pm
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Default K1 Visa and Work

It's been a while since I posted. Thanks to all the help on this great site, our K1 process has been straight forward so far. I have my K1 visa and fly to the US in early March. We get married at the end of May.

So my question relates to working in the US. I understand that once married, I can initiate the AOS process, which includes the I-765 - Employment Authorization Document. However, do I need to wait until married before I can apply for a work permit?

I would like to look for work as soon as possible after entering the US. What are my options and roughly how long do they take?

Thanks in advance for your help!
 
Old Feb 1st 2009 | 11:26 pm
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Default Re: K1 Visa and Work

Originally Posted by london2008
It's been a while since I posted. Thanks to all the help on this great site, our K1 process has been straight forward so far. I have my K1 visa and fly to the US in early March. We get married at the end of May.

So my question relates to working in the US. I understand that once married, I can initiate the AOS process, which includes the I-765 - Employment Authorization Document. However, do I need to wait until married before I can apply for a work permit?

I would like to look for work as soon as possible after entering the US. What are my options and roughly how long do they take?

Thanks in advance for your help!
If you enter the USA at JFK airport, you can receive a temp 90 day EAD. This will give you something to show an employer that you are eligible to work (at least for 90 days). JFK is the only airport that gives out this stamp anymore.

You cannot apply for the 1-year EAD until you file AOS after you are married. Since you're filing AOS so late, there will be a gap between the expiration of the temp 90 day stamp, and the issuance of the 1-year EAD (it takes about 90 days to get the 1-year EAD in hand). During that gap, you are not work authorized.

I think it will be difficult to find an employer willing to hire you on the temp EAD stamp, to be honest (they aren't guaranteed you can work past your first 90 days). So you should come to the USA with the thought that you'll be out of work for the first 5 or 6 months at least, especially in these hard economic times.

Rene

Last edited by Noorah101; Feb 1st 2009 at 11:29 pm.
 
Old Feb 2nd 2009 | 12:00 am
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Default Re: K1 Visa and Work

Thanks for the fast response. This confirms what I thought, but it was worth double-checking.

What about study and voluntary work? Are there any limitations on these while waiting for AOS?
 
Old Feb 2nd 2009 | 12:55 am
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Default Re: K1 Visa and Work

Originally Posted by london2008
Thanks for the fast response. This confirms what I thought, but it was worth double-checking.

What about study and voluntary work? Are there any limitations on these while waiting for AOS?
Yes, you can study.

You can only do volunteer work if that's what it truly is. You cannot volunteer to do work for which someone would normally be paid.

Rene
 
Old Feb 3rd 2009 | 9:37 am
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Default Re: K1 Visa and Work

Noorah101,

I have been trying to get this answer from other sites like the VJ forum ect. Ref EAD at POE JFK. I called the Cust&Bpat at JFK and they told me that they no longer give the EAD stamp. (the chap told me that they haven't for sometime)

From another site i have been told that they have done so as late as 16 Nov last year.

Do you have any further update. or does anyone else out there have any idea what has been happening this year to K1'ers POE'ing through JFK.

Kind regards

Wodger
 
Old Feb 3rd 2009 | 9:38 am
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Default Re: K1 Visa and Work

Originally Posted by wodger555
Noorah101,

I have been trying to get this answer from other sites like the VJ forum ect. Ref EAD at POE JFK. I called the Cust&Bpat at JFK and they told me that they no longer give the EAD stamp. (the chap told me that they haven't for sometime)

From another site i have been told that they have done so as late as 16 Nov last year.

Do you have any further update. or does anyone else out there have any idea what has been happening this year to K1'ers POE'ing through JFK.

Kind regards

Wodger
Hi Wodger, Welcome to BE.

From posts on this forum, those that have come through JFK recently have indeed received the temp EAD stamp.

Rene
 
Old Feb 3rd 2009 | 9:40 am
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Default Re: K1 Visa and Work

Originally Posted by wodger555
Noorah101,

I have been trying to get this answer from other sites like the VJ forum ect. Ref EAD at POE JFK. I called the Cust&Bpat at JFK and they told me that they no longer give the EAD stamp. (the chap told me that they haven't for sometime)

From another site i have been told that they have done so as late as 16 Nov last year.

Do you have any further update. or does anyone else out there have any idea what has been happening this year to K1'ers POE'ing through JFK.

Kind regards

Wodger
Hi. I have heard the same too. I was planning on flying in through JFK, but I'm not going to bother now.

I guess hearing from the horses mouth is a very good source.
 
Old Feb 3rd 2009 | 9:43 am
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Default Re: K1 Visa and Work

Originally Posted by Noorah101
Hi Wodger, Welcome to BE.

From posts on this forum, those that have come through JFK recently have indeed received the temp EAD stamp.

Rene
Rene,

It's very recent that they have stopped it. Hopefully someone will pop up with some news for us.

 
Old Feb 3rd 2009 | 9:47 am
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Default Re: K1 Visa and Work

Originally Posted by gstring
Rene,

It's very recent that they have stopped it. Hopefully someone will pop up with some news for us.

There is at least one report on VJ from 1/17 where they did get the EAD stamp without asking.
There is another one where they requested it but did not get it; the officer said she was 'too busy'.

This does not sound like a wholesale policy change there; I know the rumors have been flying around particularly VJ for a while.
 
Old Feb 3rd 2009 | 9:55 am
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Default Re: K1 Visa and Work

Thanks all.

As mentioned the story from the C&BP at JFK is different from what is / has been happening.

keep the reports coming in as the latest up-to-date news is the best guide.... that and the flick of a coin when you get there

 
Old Feb 3rd 2009 | 9:56 am
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Default Re: K1 Visa and Work

Originally Posted by meauxna
There is at least one report on VJ from 1/17 where they did get the EAD stamp without asking.
There is another one where they requested it but did not get it; the officer said she was 'too busy'.

This does not sound like a wholesale policy change there; I know the rumors have been flying around particularly VJ for a while.
I'm not good with rumours, I pass them on!

I was going through JFK, but since changed my mind due to other factors eg; too much checked baggage to take on a connecting flight to Chicago, a flight on ice I have still to use - to Chicago. Oh and I don't want to work as soon as I get there. I could go on but it may be a little boring.
 
Old Feb 3rd 2009 | 1:16 pm
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Default Re: K1 Visa and Work

My husband flew into JFK on a K1 in September. He got the EAD stamp without having to ask. Unfortunately most people don't want to hire someone for only 3 months so unless you get married and apply for AOS right away there will be a gap in work authorization. We got married 3 weeks after he arrived in the beginning of October. We applied for AOS the last week of October. He got his AP papers the second week of January and his EAD the third week of January. His EAD arrived 5 weeks after the temporary 90 day EAD expired.
 

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