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can i work before marrying?

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  • can i work before marrying?

    i have just entered the usa on the k1 fiance visa, i know we have to marry within 90 days but does anyone know if i can apply for employment authorisation prior to marrying?
    And how soon can i get a social security number as i believe i need to have one before i can open a bank account and obviously i need one to work too..thanks for anyones help

  • #2
    i have just entered the usa on the k1 fiance visa, i know we have to marry within 90 days but does anyone know if i can apply for employment authorisation prior to marrying?
    And how soon can i get a social security number as i believe i need to have one before i can open a bank account and obviously i need one to work too..thanks for anyones help

    Comment


    • #3
      I am under the impression that a K1 work visa will entitle you to do all of the above. The only catch is that if you don't get married to the indicated person, within the 90 days, you lose your status.

      However, if I were you I would just take my documents down to the social security office and see if I can get the number (especially if your office was half as efficient and quick as ours was.) With this number you can pretty much do everything else you need to do.

      If you have any problems, just call immigration and ask what the next step would be (although someone else on this board might be able to help a little more in this area!)

      Good luck!

      Comment


      • #4
        Dear Mute,

        The K visa simply allowed you to enter the US and marry your fiance within 90 days. Only after doing so, can you file for adjustment of status (including work authorization). You will definitely get the ssn with a work permit; I do not know if you would get it based on the visa alone. While practically speaking, an ignorant employer may hire you based on ssn alone, you should be doing everything lawfully not to jeopardize your legal status. Worst case scenario is if you don't marry your fiance within 90 days. You become ineligible for any change of status or other adjustment- for life.
        Yours truly,
        Shari L. Moidel, Esq.
        This does not constitute official legal advice.

        Comment


        • #5
          You can work legally with a K1 visa if you have an EAD. But, the K visa is valid for 90 days from entry. Processing of an I-176 through the Service centers is also around 90 days. 90 days of visa status - 90 days of EAD processing = 0 days of work.

          You are better off marrying and getting an EAD valid for twelve months with the AOS application.

          Comment


          • #6
            My fiance did this and it works.
            Just go down to your local immigration office.
            Let them know that you are hear on K-1 status and that you didn't get a temporary EAD upon entry and that you would like to have a temporary EAD that would last 90 days. They will give you one for free. It expires though 90 days after date of entry, then you will be out of working status until you've filed and they DHS has processed your I-485 with the EAD application.

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