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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 19th 2019, 8:09 am
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Default 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
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Old Sep 19th 2019, 1:03 pm
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Default 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
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Old Sep 19th 2019, 1:42 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Noorah101 View Post
They are referring to the EAD you apply for as part of the AOS package. That EAD will be valid for 1 year.

Rene
And is renewable if your adjustment of status has not been adjudicated by that time.
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Old Sep 19th 2019, 3:48 pm
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Default 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 ?

Last edited by Wirksworth; Sep 19th 2019 at 4:35 pm.
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Old Sep 19th 2019, 4:51 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Wirksworth View Post
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 ?
Jesus Christ... No... I don't get why people are so confused. It is clearly stated you can work from day 1 to day 90.

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.
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Old Sep 23rd 2019, 5:49 am
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by eddiewww View Post
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'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.
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Old Sep 23rd 2019, 1:51 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by S Folinsky View Post

Personally, I'm not at all sure what my advice would be if I was still in practice.
Glad I'm not paying you for this advice, then!
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Old Sep 24th 2019, 3:11 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by S Folinsky View Post
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.
Another in the growing list of incredibly cryptic and completely pointless additions to a thread by yourself.
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Old Sep 24th 2019, 6:07 pm
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Default 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.
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Old Sep 24th 2019, 7:00 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Interesting.

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Old Sep 24th 2019, 7:05 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Wirksworth View Post
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.
I'm not 100% sure that that is the wording that the phone operators at the 1-800-misinformation used when they answered your work eligibility question. The K-1 does come with the automatic 90 work permission. If it didn't, you wouldn't be eligible to apply for the EAD which is only the physical proof of that right. That EAD is good for only 90 days ... from the date you entered on the K-1 visa until its expiration date stamped in your passport at the POE. What they might have said, or implied, is that you will not physical proof of the right to work. The K-1 visa recipient, upon enter to the US, was once given the actual 90 day EAD at the time of entry. Then when they removed the machines from the POE that made the card, your passport was stamped with the language stating you are eligible to work for 90 days until xx/xx/xxxx the expiration date stamped in your passport. My husband has been there, done that, and lived to tell the tale.

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.

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Old Sep 24th 2019, 7:08 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by Noorah101 View Post
Interesting.

Rene
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???????
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Old Sep 24th 2019, 7:48 pm
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Default 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 .
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Old Sep 24th 2019, 8:00 pm
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Default 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
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Old Sep 24th 2019, 8:45 pm
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Default Re: Working in the US after marriage and waiting for work permit.

Originally Posted by BenK91 View Post
Another in the growing list of incredibly cryptic and completely pointless additions to a thread by yourself.
Be nice.

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.
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