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Working in the US after marriage and waiting for work permit.

Working in the US after marriage and waiting for work permit.

Old Sep 17th 2019, 7:36 pm
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Question 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
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Old Sep 17th 2019, 8:16 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Are you coming in on a K-1 visa? If so, then yes, you are authorized to work your first 90 days in the USA, even for a US company. The problem with a US company is that they need to complete an I-9 and see paper proof of your authorization to work, which you won't have. Since a UK company doesn't need to see that, you are OK with working for them.

There will still be a period where you aren't work authorized because it will take longer than your first 90 days here to get the EAD in hand.

Rene
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Old Sep 17th 2019, 8:38 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Thanks for the quick reply

And yes, it is a K1....

So, just to be crystal clear: I arrive in the US after getting the K1 visa issued in London, and can continue my current job working remotely from there. We get married within the 90 days, send off for the work permit stuff which can take 3 - 4 months, during which I cannot leave the country. Correct?

Thanks again!
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Old Sep 17th 2019, 9:01 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by eddiewww View Post
Thanks for the quick reply

And yes, it is a K1....

So, just to be crystal clear: I arrive in the US after getting the K1 visa issued in London, and can continue my current job working remotely from there. We get married within the 90 days, send off for the work permit stuff which can take 3 - 4 months, during which I cannot leave the country. Correct?

Thanks again!
During which you cannot leave the country without invalidating the applied for adjustment of status with first having obtained advanced parole (A/P). Also if you leave the US before applying for the adjustment of status and advance parole after your marriage, you cannot return to the US As for working, on day 91 after you enter the US, you can no longer work even remotely until you get the employment authorization document (EAD).

NOTE: The I-131 for the advance parole and the I-765 for the EAD are both sent in at the same time as you complete and submit the I-485 and I-864 (affidavit of support) for adjustment of status AFTER your marriage. The fee for adjustment includes the fee for both the A/P and the EAD.

Last edited by Rete; Sep 17th 2019 at 9:43 pm.
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Old Sep 17th 2019, 9:11 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by eddiewww View Post
Thanks for the quick reply

And yes, it is a K1....

So, just to be crystal clear: I arrive in the US after getting the K1 visa issued in London, and can continue my current job working remotely from there. We get married within the 90 days, send off for the work permit stuff which can take 3 - 4 months, during which I cannot leave the country. Correct?

Thanks again!
Yes, the K-1 visa allows you to work the first 90 days in the USA. After that, you need the EAD in hand.

EAD (for work) and AP (for travel) could take longer than 3 or 4 months, possibly 5 or 6 months. During the gap you won't be work authorized.

Do not leave the USA until you have AP in hand.

Rene
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Old Sep 18th 2019, 10:07 am
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Rete View Post
During which you cannot leave the country without invalidating the applied for adjustment of status with first having obtained advanced parole (A/P). Also if you leave the US before applying for the adjustment of status and advance parole after your marriage, you cannot return to the US As for working, on day 91 after you enter the US, you can no longer work even remotely until you get the employment authorization document (EAD).

NOTE: The I-131 for the advance parole and the I-765 for the EAD are both sent in at the same time as you complete and submit the I-485 and I-864 (affidavit of support) for adjustment of status AFTER your marriage. The fee for adjustment includes the fee for both the A/P and the EAD.
Originally Posted by Noorah101 View Post
Yes, the K-1 visa allows you to work the first 90 days in the USA. After that, you need the EAD in hand.

EAD (for work) and AP (for travel) could take longer than 3 or 4 months, possibly 5 or 6 months. During the gap you won't be work authorized.

Do not leave the USA until you have AP in hand.

Rene
Thanks for the replies...

So , I will need to resign from my existing job, so I do not have any income, by day 91 and wait till I receive the EAD to then go and get a new job?
What if I take unpaid leave?
What could happen if I do work during this time?

I obviously want to comply with whatever rules and restrictions required, but this is a new job, absolutely no guarantee they would "keep it open" for me...furthermore I would be a new US based employee, so would have to start again on that basis of course.
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Old Sep 18th 2019, 11:26 am
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by eddiewww View Post
Thanks for the replies...

So , I will need to resign from my existing job, so I do not have any income, by day 91 and wait till I receive the EAD to then go and get a new job?
What if I take unpaid leave?
What could happen if I do work during this time?

I obviously want to comply with whatever rules and restrictions required, but this is a new job, absolutely no guarantee they would "keep it open" for me...furthermore I would be a new US based employee, so would have to start again on that basis of course.
Worse case scenario, you could be on your way back to the UK.
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Old Sep 18th 2019, 1:33 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by eddiewww View Post
Thanks for the quick reply

And yes, it is a K1....
Have you actually applied for the K-1? If not, you may want to reconsider, marry first, and go for the spouse visa instead. Going that route, you are work authorized from the day you arrive in the US.
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Old Sep 18th 2019, 2:44 pm
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Default Re: Working in the US after marriage and waiting for work permit.

I have looked into this and it appears that working without EAD is not allowed BUT USCIS forgive this for spouses of US Citizens. I personally would not want to be in this situation given what is at stake namely asking for forgiveness. You also need an EAD in the period before marriage BUT the application takes longer than the period you have to get married in so that isn't helpful.
What seems much less unclear is can you work remotely for a UK based company - I am minded to ask USCIS this question directly as Immigration lawyers seem to have different views on the question.
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Old Sep 18th 2019, 3:16 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Wirksworth View Post
I have looked into this and it appears that working without EAD is not allowed BUT USCIS forgive this for spouses of US Citizens. I personally would not want to be in this situation given what is at stake namely asking for forgiveness. You also need an EAD in the period before marriage BUT the application takes longer than the period you have to get married in so that isn't helpful.
What seems much less unclear is can you work remotely for a UK based company - I am minded to ask USCIS this question directly as Immigration lawyers seem to have different views on the question.
No, you cannot do ANY work, even remotely,
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Old Sep 18th 2019, 3:41 pm
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Default Re: Working in the US after marriage and waiting for work permit.

The K-1 visa carries with it work authorization for the first 90 days in the USA. The K-1 holder just won't have paper proof of this, and that's why it's problematic to work for a US company.

They can work for the UK company, though, as they don't need to see proof of work authorization.

Rene
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Old Sep 18th 2019, 3:49 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Noorah101 View Post
The K-1 visa carries with it work authorization for the first 90 days in the USA. The K-1 holder just won't have paper proof of this, and that's why it's problematic to work for a US company.

They can work for the UK company, though, as they don't need to see proof of work authorization.

Rene
This is what I did, also mentioned it at my AOS when the IO mentioned my long wait for my EAD. Didn't cause any problems.

You've had solid advice from everyone so far but like it was mentioned, if you haven't already applied for the K1 the CR1 would be the route I would personally go down (obviously do as you please, just giving you my two cents!). I found it incredibly hard being unable to work after my 90 days. I was pretty much housebound and got miserable very quickly. I've had a full-time job since I was 17 and not being able to contribute was really tough. Don't take this as gospel as everyones experience may vary.
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Old Sep 18th 2019, 8:37 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Wirksworth View Post
I have looked into this and it appears that working without EAD is not allowed BUT USCIS forgive this for spouses of US Citizens. I personally would not want to be in this situation given what is at stake namely asking for forgiveness. You also need an EAD in the period before marriage BUT the application takes longer than the period you have to get married in so that isn't helpful.
What seems much less unclear is can you work remotely for a UK based company - I am minded to ask USCIS this question directly as Immigration lawyers seem to have different views on the question.
This site does not advocate attempting anything illegal, which working after marriage without an EAD would be. There is only one way, and that's legally. Besides, there is always the risk that the OP could be removed and that's just not worth the risk.

The K-1 visa allows the holder to work for 90 days from arrival.. There is no EAD needed before marriage with this visa, but the holder MUST stop working for any company, US, UK or anywhere else-based, without proper authorization.

Much less unclear? I assume you mean 'much less clear'?

Actually, it's VERY clear. You cannot do any work of ANY kind without EAD or GC/citizenship.
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Old Sep 18th 2019, 11:46 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Bottom Line: The OP works from Day 1 to Day 90. Then he does not work until hee had EAD in hand. Then he can resume work.

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Old Sep 19th 2019, 1:55 am
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Default Re: Working in the US after marriage and waiting for work permit.

In June 2004 when I arrived on K1 I was able to work for a (US) temp agency for a while (processing hurricane Charlie insurance claims so late Aug/early sept). I cant recall what I had to show for eligibility, I had to stop work at some point around 90 days from entry, I was aware of the restriction. A different temp agency called for staff for early vote counting in the 2004 election. I did that for a day and a half before the agency figured out I was illegal and terminated it.

I then waited till about Feb 2005 to get the EAD and ended up back at the same temp assignment I started at, then the next temp assignment eventually let to a permanent job I have had ever since!
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