elisa_emely

hah ok, so how long should i expect to wait to be able to work once i get to the us? because im not going to bother filling the work permit form because i'll be getting married in less than a month once im there, and i'll file the AOS asap (within a week or so of gettig married) is it about a 5 month wait for permission to work? how does it all work out?

thanks again
elisa

Noorah101

After you get married, you file all the paperwork for your AOS (adjustment of status). That paperwork includes the I-765, which is for your EAD (Employment Authorization Document). If all goes smoothly, it takes about 90 days to get the EAD in hand.

So...for example...if you get married 3 weeks after your arrival, and file the AOS paperwork the following week, you can expect the EAD to arrive about 3 months after that. So that makes it about a 4-month wait until you are work eligible.

If you happen to come through JFK as your POE, they might still be handing out the 90-day temp EAD stamps, so you could potentially be work authorized for your first 90 days here that way, but it's not worth coming through JFK for it if it's not a convenient flight for you already.

Rene

elisa_emely

hey thanks!!!
thats not as bad as i thought then. thats nice they hand out work stamps like sweets though haha. i think i'll look into it.

elisa

Noorah101

Be aware, JFK is the ONLY POE that does this now....and word is that they are going to stop as well. What you plan for now, might not actually be available by the time you get your visa.

Rene

jeffreyhy

That's the quick and easy part. The hard part is finding an employer who is hiring rather than firing.

Regards, JEff

Kate2112

Totally OT...Congratulations to you and Sadegh! Lovely pic.

elisa_emely

well if all goes well i'll have my visa wednesday and be leaving on the 5th of may so they may still be doing it. so its less than 2 weeks.

what if i wanted to study after i get married? can i just go sign up? or do i need a student visa ... gag.

Noorah101

I would say your chances of getting a temp EAD stamp at JFK in 2 weeks would be good.

You do not need a student visa to study in the USA once you get here, but you'll need to contact the institution to see what your tuition would be, since you won't actually be a US permanent resident yet.

Rene

Noorah101

Thank you so much!!

penguinbar

Elisa you should file the I765 for your EAD with your AOS paperwork. There is no extra cost for this. You don't know how long it will take for your AOS to be approved. It took aboyt 2 1/2 months after we filed for my hus\band to get his EAD card. The stamp at JFK is only for 90 days and most places do not want to hire someone for that short of period. It is illegal for you to work after the temporary stamp expires if you do not have your EAD yet. You can work in the stes for the first 90 days on your K1 regardless of whther you have the stamp or not. But there really isn't a way to prove to an employer that you are work eligible because most are not familiar with a K1.

elisa_emely

thanks alot, i'll do that! thanks for the help!

meauxna

I don't think this is true. K-1s are authorized to apply for an EAD, but they are not authorized to work without an employment authorization document of some kind (the stamp on the i-94 is such a document.. for today. This is changing any minute now).

penguinbar

Accordi9ng to the SSA website a K1 can work for the validity of their I 194 which is 90 days. Even if you do not have the EAD stamp.

penguinbar

. Aliens Work Authorized Without Specific DHS Authorization
The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission
Description

A-1*
Ambassador, public minister, career diplomat or consular officer

A-2*
Other foreign government official or employee

A-3*
Attendant, servant, or personal employee of principal A-1, or A-2

E-1*
Treaty trader (principal)

E-1**
Spouse of principal E-1

When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien

E-2*
Treaty investor (principal)

E-2**
Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien

E-3*
Treaty trader in a specialty occupation

F-1
Academic student - for on-campus employment, and DSO authorized curricular practical training. (See RM 00203.470 for the proof required)

F-3
Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training (see RM 00203.470C.5.a.)

G-1*
Resident representative of recognized foreign member government to an international organization

G-2*
Other temporary representative of recognized foreign member government to an international organization

G-3*
Representative of unrecognized or nonmember foreign government to an international organization

G-4*
Representative of international organization (officer or employee)

G-5*
Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4

H-1B
Worker in a specialty occupation

H-1B1
Temporary worker in a specialty occupation

H-1C
Registered nurse

H-2A
Agricultural worker

H-2B
Non-agrarian seasonal worker

H-2R
Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.

H-3
Trainee

I*
Foreign information media representative

J-1
Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.

K-1
Fiancé(e) of U.S. citizen

ian-mstm

The only thing the SSA list indicates is that *according to the SSA* those people are authorized to work and so they *CAN* get a SSN.

However, you're completely missing 1/2 of the equation. It isn't just the SSA that determines whether or not a K-1 can work. I don't have the citation, but IIRC, the INA specifically states that the alien *must* have proof of work authorization... and a K-1 visa without any other proof is *not* sufficient.

This is why, if you come through JFK and get the stamp in your passport, you *have* that proof... but only if you enter the US via JFK - and that is by no means certain!

Because it's important to understand... the INA trumps whatever the SSA says.

Ian