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inquiry about EAD for K1 visa holder

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  • inquiry about EAD for K1 visa holder

    Hello,

    We have just received our K fiance visa, and plan to get married within the 90 period upon his arrival. As you also know there is still a lot of paperwork to be done. One thing we are confused about is the work permit. These are the directions that apply to us that are on the I-765 form, but I dont understand them. I have listed my specific questions below:


    K-1 nonimmigrant fiance(e) of a U.S. citizen or K-2dependent--(a)(6). File your EAD application if you arefiling within 90 days from the date of entry. This EAD cannotbe renewed. Any EAD application other than for areplacement must be based on your pending application forfamily-based adjustment under (c)(9).

    Questions:

    1) If he applies for a EAD upon arrival to the US, how long does it usually take?
    2) If he finds a job he would like to apply for before having the EAD, can the employer expedite the permit process?
    3) What happens once we are married after the 90 day period; does the eligibility overlap or is there a possibility that his temp permit will expire and he has to wait again for a renewal?

    The goal for us is to have him working asap. We have found some interesting jobs already in the Denver/Colo. Spgs area, where we will be starting out, and were wondering what the best thing to do would be. We would appriciate some advice.

    Thanks for you time
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    1. Look at http://www.immihelp.com/timings/processing-timings.html

    2. No.

    3. His permit will be valid for whatever duation it has been issued for.
    Once you get married, you can apply for I-130 and I-485 and you can apply for EAD again along with it.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

    Comment


    • #3
      These are good questions and I've been through all this with my wife and step son:
      Here is what I've learned..

      1.As soon as he arrives go to Social security office and get his social security number..(It may take a few days verify his legal entry into the US).
      Then, immediately get an appointment using INFOPASS on the USCIS website and go to the local USCIS office where you will complete an EAD application and be awarded one on the spot - but it will be set to expire on the date the I-94 (90 days) exprires and there is no fee for this short term EAD...THATS the EAD that can't be extended or renewed. That initial EAD and social security number will be sufficent for employment. Do these things before you get married or it could cause a delay in getting the EAD.
      Then get married and file the I-485 (Not and I-130) which is for adjustment of status, and with that file a new EAD application. There WILL inevitably be a period when he does not have a valid EAD but you can use, as we did, the EAD application receipt to show the employer (if he asks) that the new EAD is coming. If you don't get the new EAD within 90 days of filing for it, you can again make another INFOPASS appointment and go to the USCIS office where will be given an EAD on the spot (almost).
      The employer can do nothing to expedite this process but if you do everything the way described above, the employer should have not reason to interrupt employment.
      Last edited by RCM; 02-24-2007, 04:17 PM.

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