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EAD for K1

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  • EAD for K1

    Hi All, will i get work Autorization on arrival to the US with K-1 visa? My K-1 Visa is already approved just waiting for consular interview but trying to think ahead.

  • #2
    Hi All, will i get work Autorization on arrival to the US with K-1 visa? My K-1 Visa is already approved just waiting for consular interview but trying to think ahead.

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    • #3
      It is very likely that you dont get it, but it depends on your Port of Entry (the airport you come in). In the past they used to give you the EAD but now they just fingerprint you. You will have to apply for one as soon as you come here (120 dollars). However, the EAD lasts only 90 months and sometimes it arrives just one week before it expires. It will help you though, to obtain a SS number and therefore open a joint bank acount with your future spouse.

      Check www.k1poelist.com, it has all the stadistics about it (quite a good web page).

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      • #4
        Sorry, I meant it lasts for only 90 DAYS (not months).

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        • #5
          Normally, a K-1 is not entitled to an EAD. Once you marry, you will get the EAD when the AOS package is filed.

          mmorales@myronmorales.com

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          • #6
            Fiances are among the people who can file for a EAD. When I called the INS office, they told me I could, however, it would take long. The processing time also depends on the office or service center who handles the application. Here is what the INS web page says:

            Who is Eligible?
            The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

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            • #7
              hey-

              There was a time long ago, before the Service Centers and direct file by mail, when a fiancé(e) could get off the airplane and go directly to Immigration and get a work card good for 90 days. Sadly, these days are long gone. Although the law still entitles a K1 to employment for the 90 days before they get married, reality dictates otherwise. EAD for a K1 is filed through the BCIS Service Center. Since it takes them more than 90 days to process the application, the applicant is no longer eligible by the time they adjudicate it, and they are all denied.

              Save your $ and wait to file along with adjustment.

              The Grand Poo-Bah
              Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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