EAD vs RM 00203.500?

[JRandorff]

Hi there,
All throughout the fiancee visa process, I've heard that your fiancee (and then your spouse) is required to have an Employment Authorization Document in order to work (at least until Permanent Residency is obtained). Last night I was checking around and came across a statute known as "RM 00203.500" which makes a list of visa-types that don't require EAD in order to seek employment... K-1 is in that list! Does anyone have any further information about this? Do you or do you not have to apply for and wait for an EAD before your spouse starts seeking employment? Many thanks!

Respectfully,
~~James

[indianium]

Yes, you are right. I believe you have been checked link below:
https://www.immihelp.com/employment-...-document-ead/

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[PraetorianXI]

You can not work without EAD.

Either you apply for EAD based on you K-1 visa, with a copy of the I-94 or you apply for EAD based on your Adjustment of Status application (I-485).

You can not take up employment without the EAD.

[JRandorff]

Okay... I just got a yes and a no (being familiar with internet bulletin boards, I'm used to this). Is there anyone who can explain to me why RM 00203.500 either does or does not do away with the need for an EAD? According to the Social Security Administration's website, aliens of a non-immigrant status (what exactly that means I am not sure) who are in the US on a K-1 fiancee visa are authorized to work without an EAD. Basically, I'm trying to figure out if I am misreading something. I don't want to encourage my fiancee to search for a job without an EAD if she is required to have one. However, if she does not need an EAD, it seems silly for her to have to wait around for up to 11 weeks just to receive something she never needed in the first place. Can anyone shed any light on the subject? Many thanks!

BTW, thanks to both of the folks who already responded... I do appreciate your effort and thoughtfulness.

Respectfully,
~~James

P.S. A couple more thoughts... first, after we are married, does that change her K-1 fiancee visa to a K-3 spouse visa, or is she still in the country on a K-1 visa. Second, after we are married and we send off the I-485 form for Adjustment to Permanent Status, what is her status considered before she receives her Green Card?

[PraetorianXI]

Unless she has "Employment Authorized" on her I-94 (stamped by the officer at the POE) she has no proof of legal employment authorization. The K-1 visa ALLOWS you to apply for employment, that is the difference from many other visas, like a B1... you can not work without an employment authorization, whether it is an EAD card, or an I-94 that has the "employment OK" stamp.

Once you fiance gets here and you get married within 90 days. She must file for AOS (I-485) and while she does that, also file for EAD (I-765)... her status will NOT be a K-3 visa or even K-1... she will be an AOS applicant with pending status until her petition is approved.

She should get her EAD 60-90 days since the moment she applies for it. She can do it either as a K-1 holder or as an AOS applicant (when she files for it).

[PraetorianXI]

Read here: http://immihelp.comhttps://www.immih...isa/index.html

And look at the Chart "Choosing the Right Option"