After Marriage in US how to get expedited EAD

[khann]

Hi,
My Fiancee in a UK citizen and we are planning to get married in US. One of his concerns is that he would have to wait for 3 months to get his EAD in order to start working. Is this true? After applying for Adjustment of Status and work permit is there any way to expedite it? How much time does the expedited EAD take? I would really appreciate a response.Thanks..

[BigJoe5]

A Fiance (K-1) requires an EAD, a spouse (K-3) does not require an EAD but may apply for one. If work authorization is critical, you may want to go abroad and get married first.


8 CFR 274a.12

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States.


(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;


(9)Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service;


INA 101=8 USC 1101
(a)..................
(15)................

(K) subject to subsections (d) and (p) of section 1184 of this title, an alien who--

(i) is the fiancee or fiance of a citizen of the United
States (other than a citizen described in section
1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the
United States solely to conclude a valid marriage with the
petitioner within ninety days after admission;

(ii) has concluded a valid marriage with a citizen of the
United States (other than a citizen described in section
1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is
the beneficiary of a petition to accord a status under section
1151(b)(2)(A)(i) of this title that was filed under section 1154
of this title by the petitioner, and seeks to enter the United
States to await the approval of such petition and the
availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i)
or (ii) and is accompanying, or following to join, the alien;

[barbarajlw]

Hi,
My Fiancee in a UK citizen and we are planning to get married in US. One of his concerns is that he would have to wait for 3 months to get his EAD in order to start working. Is this true? After applying for Adjustment of Status and work permit is there any way to expedite it? How much time does the expedited EAD take? I would really appreciate a response.Thanks..

If he is coming here on Ki visa to marry you then yes he has to apply for EAD with your AOS not sure about expediating this as most have to wait 2-3 months after filing AOS usualy takes 2 months for EAD card along with AP if you apply for them all with your AOS

[BigJoe5]

If the fiance is already in the U.S. in some other status, then a concurrent filing is done and he waits for his EAD like everybody else.