Hiya
I've my interview soon for a K-1 visa but working is looming as a big problem.
My work in the U.K. was on a yearly contract basis and so I've had to turn down a renewal because I hope to go to join my fiancee in the U.S.
However, by the time I go I will have been jobless for about three months (in the best case scenario) and Im worried that it may take more than 90 days to obtain a work permit there.
A friend of the family has had to wait nearly 6 months for a work permit even after getting married. I want to believe this is unusual but am I kidding myself?
How long does it normally take to be able to work?

Any help much appreciated

I was on a K-1 and it took 6 weeks after we were married and filed the forms, but that was only because i went down to the BCIS (Cleveland) office and sat there for the whole day demanding to speak to somebody who could help speed it up. i was told that as of last august it was taking 4 months before they even seriously looked at the applications and then another month or so to get the card. you also have to remember that having an EAD is just the first step, its not that easy to find a job.

There's a debate going on at the moment about whether or not you need the EAD to work on the K1. Pop over and have a look at the Marriage Based Visa Section on this site. There are lots of threads about it.

My gut feeling (but I didn't come over on a K-1) is not to give up work nor book your air tickets for the US until you've had the K-1 interview and been approved!




NC Penguin

Just to give you an idea of my timeline on a K1. I enterered on a K1 visa on july 13th. I did not get the temporary EAD stamped in my passport at the port of arrival, which wasnt a bad thing at the time, as I had no intention of working until after the wedding, which was september 20th. We then filed our AOS package at the start of october and then on the 23rd of october I received the notice of action for the EAD. On the 8th of november I had my biometrics appointment at the ASC, and right now, I am still waiting for my 1 year EAD. According to the website, Phoenix is processing I-765 from september 20th, so it looks like I have a little while yet to wait, even though the case status page says its taking between 30 to 90 days.

This debate comes and goes every few weeks, the bottom line is that a K1 holder does need the EAD and be able to produce it to work. I took this up with my congress person, and was clearly told that you cannot work without the EAD. That came after consultation with the BCIS above the normal idiots that man the phones.

People read the notes on the employment form that you fill out when you start, and the notes actually give hope, but unfortunately you cannot work legally without being able to produce an EAD.

Rob

If you do not receive your EAD on or before the 90th day, you have a right to go to the issuing office on day 91 and demand a temporary card.

Rob