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Timing for Employment authorization after K1 Fiance Visa Arrival?


Fiance Visa: How soon for employment authorization? After arrival on a Fiancee visa, how long
must your new spouse have to wait before being permitted to work? Today we are going to talk about “How soon
can your Fiance, after arriving on a K1 fiance visa, after
marrying you and then applying for green card, be allowed
to work?” Many couples rely on two incomes, so knowing
how soon your spouse may work, should she or he want
to, or need to, is a critical part of your financial planning. I am Fred Wahl the VisaCoach and I am here
to help you get through a confusing and frustrating Immigration
process so you can have a happy life together in the
USA with your foreign partner. Let’s get started on “How soon after arrival
is your new spouse eligible to work in USA?” So lets start with where you are. You found someone from outside the USA. You fell in love. You got engaged. You applied for the K1 Fiancee visa,
and now at long last, your fiancee has arrived to the USA. After arrival, you two have 90 days to get
married. And you get married. So now you have a foreign born spouse, who
has a visa that is expiring soon, unless you take action, should leave
the USA and return to home country. Of course, the action that you must take,
is to apply to USCIS to obtain permission for your new spouse to become
a permanent resident. This is called adjustment of status. Your spouse will be “adjusting”
or “changing” from an alien who was allowed to stay just 90 days,
to a Lawful Permanent resident, who can stay in USA indefinitely. When your spouse gets approved, that is shown
by the id card, green card that she or he is given. As a permanent resident, your spouse can live
in the USA, can work, and can travel in and out of the USA. Basically she or he can do anything that
you as a US citizen can do, except vote. But, what is your spouse allowed to do, between
the time the application for adjustment of status is submitted,
and the green card is granted? Well officially, if having only applied for
the green card, your spouse is only allowed to live in the USA while the
application is pending. Work, or travel are off of the table. Under President Trump it currently takes quite
a long time to be approved for permanent residency and get the green
card. Currently this is taking
12 to 18 months on average. US immigration knows that while that may be
a reasonable enough time to wait for final permission to live in the
USA, in the meantime you and your spouse might need to support yourselfs
by working, by earning a living, and many couples can
not afford to live on only a single income. So what can be done is, instead of submitting
a single application for adjustment of status, one can also send
in a second application at the same time, this one is called “Application
for Employment Authorization” The bad news is it is an application. The good news is, if you apply for
Employment Authorization at the same time you apply for Adjustment of
Status, USCIS waives the filing fee. And here at VisaCoach we don’t
charge extra either. We include the application for Employment
Authorization free of charge when working on your Adjustment
of Status case. Unfortunately due to the slow downs at USCIS,
work authorization, which used to take about 3 months, now is currently
taking about six months to process. And while processing is underway your spouse
may not work. So timing wise, you can probably expect your
spouse to have to wait about 8 months from original
arrival, until work authorization is granted. This normally breaks down to about a month
to get to the altar, then a further month to put together the documents
and and evidences is needed for a successful adjustment of status
application. Then submitting both adjustment of status
application and work authorization applications at the same time. Work authorization
should come out in about 6 months, the actual green card to follow
much later. Here at VisaCoach I stress the importance
of preparing a thorough Front Loaded application, that answers all
the questions immigration will have. By taking the time to do this correctly and
collect all the needed evidences, the case gets to
approval the fastest and smoothest that it can. So for most of my K1 Fiance visa
clients, we normally start working on their adjustment of status
and work authorization applications even before the wedding, so that
as soon as possible we can submit an application that meets VisaCoach’s
high standards, while minimizing the time your spouse must wait
to start work. This time
can be used to learn your favorite recipes, catch up on reading, and even study for board
certifications. This was Fred Wahl, The VisaCoach Please “like” or add your comments to this
video. Then go
to VisaCoach.com and sign up for the VisaCoach monthly newsletter. Each month it is full of tips and advice on
marriage based immigration. And its free of charge. And when you sign up you get
two free ebooks I have written “120 K1 Visa Interview Practice Questions,
and “5 Things you must know before starting your visa” Finally, when you are ready to get started,
call for your complimentary case evaluation and speak
with me directly, If you are considering hiring VisaCoach to
personally guide you through your immigration adventure, join him for a
complimentary Case Evaluation. He listens to you to learn the red flags and
strengths of your case, your eligibility and goals. He suggests
which visa is right for you, the best strategy to get it,
and how soon your partner can join you. To learn more about VisaCoach’s services
and how he can help you, book your free case evaluation today.

10 Replies to “Timing for Employment authorization after K1 Fiance Visa Arrival?”

  • @VISACOACH, hello sir, i wonder how much it cost for adjustment of status+employment authorization filled in one case?, and how much it will cost if they're filled separately?
    Thank you in advance.

  • I’m in the US currently on a student visa and I’ll be getting married this year. The case scenario on the video is for a fiancé visa, but being on a student visa change anything about the process? For example, am I able to apply for work authorization and AOS before the wedding? Or do I have to get married first? Thank you!

  • Hello coach, can you tell me if a k1 visa holder should apply for ssn card before or after the marriage. Is there any USA govt. ID proof required for a k1 visa fiancé to get married there, apart from the visa itself.

  • Will USCIS give you a hard time if you submit the adjustment of status a little after the K1 Visa expired? We did get married within the 90 days. Is it possible to get denied permanent residency? To be clear, I’m talking about a few days after the visa expired. Any advise is appreciated. Thank you!!

  • Thank u sir now I know that I don’t need to go the mailbox everyday looking for my work permit, I just can’t wait for it I really need to work and help my husband I applied last November 29 and I thought I will have my work permit after three months but I was wrong u said it’s 6months huhuhu… two more months to wait

  • Hi Fred I file k1 visa and my fiancée here already but I did not add her kids is that possible I petition them for I-130 after to get her greencard

  • Hello. I thought all paperwork was free. When I went to the USCIS website, I couldn’t even see the application for work authorization without first paying a fee of $100+. Does that sound abut right today?

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