Working in the US after marriage and waiting for work permit.
#16
Just Joined
Thread Starter
Joined: Sep 2007
Posts: 15
Re: Working in the US after marriage and waiting for work permit.
Thanks for all the replies...
Clearly, I do not wish to break any laws or conditions and knew there were restrictions and I had been told that absolutely NO work was possible even during the 90 days, so it's good to know that I can at least get another couple of months income. However, looking through the USCIS website today, it confirms the ability to work for 90 days, but also says that if I apply for my green card on form I-485 along with my EAD on form I-765 I can work up to 1 year +???
USCIS info
https://www.uscis.gov/family/family-...es-us-citizens
Clearly, I do not wish to break any laws or conditions and knew there were restrictions and I had been told that absolutely NO work was possible even during the 90 days, so it's good to know that I can at least get another couple of months income. However, looking through the USCIS website today, it confirms the ability to work for 90 days, but also says that if I apply for my green card on form I-485 along with my EAD on form I-765 I can work up to 1 year +???
USCIS info
https://www.uscis.gov/family/family-...es-us-citizens
#17
Re: Working in the US after marriage and waiting for work permit.
They are referring to the EAD you apply for as part of the AOS package. That EAD will be valid for 1 year.
Rene
Rene
#19
Forum Regular
Joined: Sep 2017
Posts: 56
Re: Working in the US after marriage and waiting for work permit.
Doesn’t this USCIS section posted above mean you still have to apply for an EAD for the 90 day period of the K1 visa?
Has anyone found a definitive statement on the USCIS web site on K1 and working or had a legal opinion they can share ?
Has anyone found a definitive statement on the USCIS web site on K1 and working or had a legal opinion they can share ?
Last edited by Wirksworth; Sep 19th 2019 at 4:35 pm.
#20
Re: Working in the US after marriage and waiting for work permit.
As per my post above, I mentioned to my IO at my AOS that I worked for 89 days upon my entry into the US. Funnily enough I haven't been deported or had any USCIS/legal repercussions.
This thread should be closed, it's just getting more convoluted. To reiterate for the 50th time: you *CAN* work from Day 1 to Day 90 however *AFTER* 90 days, you will no longer be eligible to work and will not be eligible to work until you have your EAD.
#21
Re: Working in the US after marriage and waiting for work permit.
Hi All,
I have had 2 completely opposite answers to the following: Can I work (in the US) between the marriage and receipt of the work permit for my existing UK based company?
I work a lot from home, so it could be a possibility. Hopefully somebody has had this question before and can advise.
Thanks
I have had 2 completely opposite answers to the following: Can I work (in the US) between the marriage and receipt of the work permit for my existing UK based company?
I work a lot from home, so it could be a possibility. Hopefully somebody has had this question before and can advise.
Thanks
Personally, I'm not at all sure what my advice would be if I was still in practice.
#23
Re: Working in the US after marriage and waiting for work permit.
I'm not at all surprised that OP has gotten conflicting advice. Although I am retired I still participate in immigration lawyer chat boards and groups. The fact scenario posed by OP has been and still is a common bone of contention.
Personally, I'm not at all sure what my advice would be if I was still in practice.
Personally, I'm not at all sure what my advice would be if I was still in practice.
#24
Forum Regular
Joined: Sep 2017
Posts: 56
Re: Working in the US after marriage and waiting for work permit.
Well - a call to USCIS has confirmed that the K1 Visa does not come with automatic 90 day permission to work - working within the first 90 days requires an EAD and it is doubtful if once applied for that it will arrive in the 90 days of the K1 validity. The advice was to file for EAD at the time time as AOS post marriage.
#26
Re: Working in the US after marriage and waiting for work permit.
Well - a call to USCIS has confirmed that the K1 Visa does not come with automatic 90 day permission to work - working within the first 90 days requires an EAD and it is doubtful if once applied for that it will arrive in the 90 days of the K1 validity. The advice was to file for EAD at the time time as AOS post marriage.
The problem is that the rules and/or regulations have not changed but that the adherence at the POE of the regulation is not applied. You can work; you just have no paper proof that other than your passport and the K-1 visa.
#27
Re: Working in the US after marriage and waiting for work permit.
Here is the actual statement on the work authorization on the USCIS website:
After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.
Note, it states your fiancee may immediately apply for EVIDENCE. If you didn't have the right to work, why would you need evidence???????
#28
Forum Regular
Joined: Sep 2017
Posts: 56
Re: Working in the US after marriage and waiting for work permit.
Thanks, the wording was exactly as told to me by the USCIS person I spoke to - he went through a check list then went and got clarification/ checked with someone else - I even read back to him what is above and he agreed it was ambiguous BUT you do need EAD before working in the 90 days .
#29
Re: Working in the US after marriage and waiting for work permit.
I still don't believe you need the actual EAD in hand in order to work for the UK company. But that's just me.
Rene
Rene
#30
Re: Working in the US after marriage and waiting for work permit.
There is nothig at all "cryptic" about it. His question is a bone of contention among experienced and knowledable immigration attorneys. I really don't know who is right.