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Thread: Time Required to get Work Permit

  1. #1
    Hi,

    I am currently in canada and planning to come to US on fiance visa K1.
    I am doing a good job in canada and hopeful that I should be able to get a fair job in US as well. For this purpose I want to hunt jobs sitting in Canada and want to go their having a job offer.
    Now worrying part is that I have heard that it takes around 90 days to get work permit if someone enters on K1 visa. Is that true. I don't have much money to support myself and my wife if I am unemployed for 3 months. Are there any workarounds so that someone can start working earlier. I am an IT professional.
    I would greatly appreciate response from people who have good knowledge and experience on the subject. Thanks in advance.

  2. #2
    Hi,

    I am currently in canada and planning to come to US on fiance visa K1.
    I am doing a good job in canada and hopeful that I should be able to get a fair job in US as well. For this purpose I want to hunt jobs sitting in Canada and want to go their having a job offer.
    Now worrying part is that I have heard that it takes around 90 days to get work permit if someone enters on K1 visa. Is that true. I don't have much money to support myself and my wife if I am unemployed for 3 months. Are there any workarounds so that someone can start working earlier. I am an IT professional.
    I would greatly appreciate response from people who have good knowledge and experience on the subject. Thanks in advance.

  3. #3
    Guest
    Hi Shane,
    unfortunately it usually takes more than 90 days. After you enter the US, and after you get married, you file for adjustment of status and employment authorisation document. That alone takes 30 - 90 days for most people. After filling, you should receive EAD in 90 days.
    However, very small number of K1 gets stamp "eligible to work" in the passport at POE. I don't know if they do it on Canadian - US border. The bad news about that temporary authorisation is that it is valid for short period of time and then you should stop working until you recive a new EAD.
    The process you are about to start (or better continue) with the immigration is lenghty and can be expensive. Be prepared. Good luck.

  4. #4
    Hi Aneri

    Thanks for your reply.

    Well this is not a good news. I am just wondering how could I stay out of market for 3 months and support my family.
    What if I get married and return to Canada and think about coming back to US at some later time. Do you think it would take same amount of time to get adjustment of status processed at that time.
    Do you think that companies may offer me some kind of contract work even if I don't have work permit..I am not sure how risky is that and whether someone has actually tried that.

    Many thanks

  5. #5
    Guest
    How far into the process of obtaining K1 visa are you?

    If you want to return to Canada shortly after you get married in the US, you don't need any visa to begin with. BUT, before you definetely move to the US, you should obtain either K3 or CR1 visa ... And that also takes time. Anywhere from 3 to 12 months from initial filing...

    K3 also needs to file for EAD and AOS once in the US. CR1/IR1 should receive a green card within a few weeks of enetring US.

    When one enters the US on K1, he/she has 90 days to get married. After that event, s/he files for adjustment of status-AOS, EAD and a paper called Advance Parole. AP is a permission to return to the US after traveling abroad and while AOS is pending. Like with the EAD, it takes time to receive AP. So, it wouldn't realy work if you would want to return to Canada immediately.

    Sounds complicated? Maybe the answer to your dilemma is as simple as you and your future spouse get part-time second jobs now, and save some money for the months when you wan't be able to work.

  6. #6
    Hi Aneri

    Thanks very much for such informative answer. This sure is real help.
    Well, I received a letter from US embassy of my country around 4 months back requesting documents and medical in order to appear for interview. It has been amost a month that since I sent them these documents and now waiting for an interview call.

    Can you refer some website where I can find quick information about these visa types like K3 CR1/IR1.
    Once again Aneri, I really appreciate all your help.

    Shane

  7. #7
    Guest
    No problem.

    IR-1 is immigration visa for spouses of US citizens (CR=conditional, if you are married less than 2 years at the time of entering the US). The spouse enters US as an immigrant. Some years back, it took a long time for the processing of it, so K3 was introduced. To decribe it simply, once the USC files I-130 (Petition for alien relative), it can be requested that the alien spouse enters the US as non-immigrant (was much shorter waiting), and then adjust status from within the US. Nowdays, people persue both options and usualy go with the one that's approved first.

    Visit:
    http://travel.state.gov/visa/immigra...s_1315.html#2a
    http://usimmigration.visapro.com/K3-Spouse-Visa.asp

    The VisaJourney discussion board is organized according to types of visas, so you may read about peoples' experiences:

    http://www.visajourney.com/forums/index.php

    You have only an interview left to get K1. I wouldn't abandon it now. Once you receive K1, you have 6 months to enter the US.
    Have you been to the US since your fiancee petitioned for you?

  8. #8
    Guest
    Shane, I wanted to add that many people experince some form of frustration because they are not able to immediately work and contribute to the household, after they move to the US. The best is to discuss the situation with the future spouse, prepare emotionally and, if needed, financially.

  9. #9
    Hi Aneri

    Once again thanks very much! The information and guidance you are providing is very helpful and helping me understand the whole situation and move towards making a better decision. I am indeed afraid of quitting my current job and move towards a situation where I am out of market and earning nothing. Although I know I could end up having a better paid job in US at some point in time.

    In answer to your question, no I have never been to US before.

    I am not sure how feasible this option is, but I have learnt that if I form a company in canada and enter an agreement with some company in US then I can work in US on some kind of visa. This way I will have authorization to work in US.

    Just wondering if I find employment like this in US while sitting in Canada then I can quit my current job and enter US. And in a month or so, my K1 visa would also be ready so I can goto US and start working temporarily around 3-4 months till I get my work authorization after applyin for adjustment of status.

    Just to add to this, I feel confident of getting good response from US companies based on my skillset which is in demand there. Although this is also true that job market is very volatile and getting job in small duration is more a matter of luck.
    Do you think this is feasible or have come across such practical examples.

    Many thanks once again.

    Shane

  10. #10
    and Aneri one more thing. I have just seen another of your reply to Siri in which you mentioned that
    some K-1 get the stamp "eligible to work" at POE, most don't and have to wait to get merried, file for AOS and EAD (employment authorisation document).

    Can you suggest what ports are those. and once one get authorization how long is it valid. If it is valid for min 90 days ..that is almost the time to get EAD processed..moreover do you know which are those posts.

    thanks very much

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