K1 visa Working question
 

Hi all....After a long wait we finally have a interview date. I was wondering how soon after she enters the country on the K 1 visa does she have to wait in order to start working? I know she has to get a SS# but does she have to wait a few weeks before she can start to work? or can she start as soon as she enters the country on the K1 visa? Thanks for your help!

Re: K1 visa Working question
 

She will need documented employment authorization from USCIS. See form I-765.

See also form I-9 for the documents that an employer needs to see to hire someone.

Re: K1 visa Working question
 

Six months is a more realistic time frame.

Re: K1 visa Working question
 

The employer can hire her as soon as she enters since she is in a status authorized to work incident to status. That said, the employer is required to examine an Employment Authorization Document. She can apply for an EAD after admission as the K-1. However, the EAD will not be valid beyond the 90th day after admission. USCIS has 90 days from the date of application to process the EAD application [plus the "clock" stops while the request for "biometrics" is pending]. Once that 90 processing time has elapsed, she will be entitled to have an interim EAD issued -- which extend beyond the 90th day since admission.

BTW, there is a filing fee for EAD application for a K-1.

Once you two are married, she can file for adjustment of status. She can then file for an EAD with no additional fee. The same 90 day processing rule applies. I believe that EAD will be valid for one year. If the adjustment is not completed within the year, a new no-fee filing for an new EAD can be filed.

Good luck.

Re: K1 visa Working question
 

Thank you so much for your help, it was very informative and we now know our next step. Thanks again!!

Re: K1 visa Working question
 

I've been here in the US since the beginning of April and no work permit yet. We are really broke and I'm running to check the post every day looking for a letter from USCIS! As ljaw says, 6 months is more realistic. If you get married the moment she arrives, and file all the paperwork same day, you might speed things up, but it's a shame to rush your wedding day.
Make sure that your finances will be OK to cover the time when she can't work/is looking for work. It's worth spending time in advance working out how much your bills are going to be.

Re: K1 visa Working question
 

I know that my post above seems a tad on the ridiculous side -- but that is because the law is weird in this area.

The thing is that the law on employment authorization consists of two parts -- the obligations of the employer and the obligations of the alien. In regards to the the employer -- there is again two parts. The first is a prohibition on the hiring of "unauthorized aliens" and the second are the paperwork obligations. The paperwork applies to all employees. It has happened that a large employer has gotten nicked on not doing the paperwork but was found to have a work force of all American citizens. It should be noted that the paperwork violations have a much lower penalty than hiring of "unauthorized aliens."

So, your beloved will not be in violation of status if she works without a valid employment authorization document. That said, the employer will be liable for a paperwork violation.