If you’re in the process of bringing your fiancé to the United States, you may be wondering whether they can work once they arrive. The immigration process is complex, and understanding your fiancé’s rights and limitations regarding employment is crucial. In this blog, we’ll break down the key aspects of fiancé immigration as it relates to employment and how our immigration law firm can assist you in navigating these challenges.
The K-1 Visa and Employment Authorization
The K-1 visa, commonly referred to as the fiancé visa, allows a foreign fiancé of a U.S. citizen to enter the United States for the purpose of getting married. Once your fiancé arrives in the U.S., you must marry within 90 days. However, when it comes to employment, there are specific steps and timelines that must be followed.
Can a Fiancé Work Immediately Upon Arrival?
While the K-1 visa allows entry into the U.S., it does not automatically grant employment authorization. To work legally, your fiancé must apply for Employment Authorization through Form I-765. This form can be filed either after arriving in the U.S. or concurrently with the Adjustment of Status (AOS) application (Form I-485) to become a lawful permanent resident (Green Card holder).
How Long Does It Take to Receive Work Authorization?
The processing time for an Employment Authorization Document (EAD) typically takes several months. During this waiting period, your fiancé cannot legally work. This can be a challenging time financially and emotionally, especially if your fiancé was working prior to their move to the U.S. However, once the EAD is approved, your fiancé can begin working legally while awaiting their Green Card.
What Happens After Marriage?
After the marriage takes place within the 90-day window, your fiancé can apply for Adjustment of Status to become a lawful permanent resident. Once the AOS is filed, they can also apply for a combined EAD and Advance Parole document, which allows them to work and travel while their Green Card application is pending.
Challenges and Considerations
There are several potential challenges that can arise during this process:
- Delays in Processing: Any delays in the EAD application or the AOS process can prolong the period during which your fiancé is unable to work legally.
- Legal Complexities: The application process involves strict timelines and documentation requirements. Any mistakes or omissions can lead to delays or even denials.
- Financial Strain: The inability to work while waiting for work authorization can put a financial strain on your household.
How Our Immigration Law Firm Can Help
We are dedicated to helping couples like you overcome above challenges and ensure a smooth immigration process.
Here’s how we can assist:
- Comprehensive Guidance: We provide step-by-step guidance on filing the necessary forms for work authorization and Adjustment of Status, ensuring that every detail is handled correctly.
- Timely Processing: Our team works diligently to prepare and submit your applications promptly, minimizing the risk of delays.
- Personalized Support: We understand that every situation is unique. We offer personalized legal strategies tailored to your specific needs and circumstances.
- Ongoing Assistance: From the moment you decide to bring your fiancé to the U.S. until they obtain their Green Card, we’re here to provide support and answer any questions you may have.
Contact Us Today
If you’re in the process of bringing your fiancé to the United States and need assistance with immigration and employment matters, don’t navigate this journey alone. Contact our immigration law firm today for a consultation. Let us help you and your fiancé build your future together without the stress of legal uncertainties.
