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Can i work while my wife is filing for adjustment of status?

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  • Can i work while my wife is filing for adjustment of status?

    Hi guys! Im new here as you see :-D

    And i have read and realize that you guys are so helpful and caring? And i do appreciate your effort to answer our questions!

    1) My first question is if i get married in America with the K1 visa, will i be able to work while my wife file for adjustment of status?

    2) Can i travel on a visitors visa and get married to her AND she file for a K1 visa while im over there?

    3) If it is at all possible to file for the K1, can i also do the Adjustment of status after?


    Thanks in advance!

  • #2
    Hi Jayrob,

    I'm no expert, but I've read through a number of pages on the USCIS's website and I think I might know the answers to your questions. Given the lack of explicit details in your post, I'm answering under the assumption you are not currently in the US (since you've mentioned using the K1 visa). If you are in the US, my answers may not apply.


    1) My first question is if i get married in America with the K1 visa, will i be able to work while my wife file for adjustment of status?

    I'm pretty certain that if you enter on a K1 Fiance(e) Visa, once you're married, you--not your wife--will be the one to file for an adjustment of status using form I-485. During this time, you are not authorized to work; therefore, you'll need to submit the work authorization form, I-765, in conjunction with your I-485 (thankfully, by filing together, you save almost $400 in additional filing fees for the I-765). If you need to work before then, I think you're able to apply with the I-765 as soon as you get into the US, but it will only authorize you to work for 90 days (until your visa expires), at which point you'd need to file it again (or renew it?) with your I-485. This, of course, would mean you would not have the filing fee waived. My fiance and I plan to get married as soon as we can once he's here and file them together to limit unnecessary paperwork; until he's authorized to work, I will support both of us. You should discuss this with your fiancee and decide if it would be a good option for both of you.

    Additionally, once your I-485 is approved, you will have only conditional permanent resident status, which lasts for two years. Within the last 90 days of your visa, you must apply (using the I-751, I believe) for removal of the conditional status in order to remain a legal US permanent resident. Since spouses of US citizens may apply for citizenship after three years of permanence residence, if you intend to become a US citizen, you would only have to wait one additional year before becoming eligible to file the N-400, application for naturalization.


    2) Can i travel on a visitors visa and get married to her AND she file for a K1 visa while im over there?

    No. Big NOPE. I have been told by multiple legal consultants (who were not specifically immigration attorneys) that USCIS does not look kindly on people who come into the US on one visa but intend to stay using another; this could be seen as a form of lying/deceit/fraud and may be cause for them to reject your petition. Besides, if you were already married, a K1 visa would be useless; you'd have to file for what was formerly called a K3 visa, but--from reading other threads on this forum--is now called by another name, I believe it's a CR-1 or something like that; regardless of name, you would file the I-130, rather than the I-129F as for K1 visas.


    3) If it is at all possible to file for the K1, can i also do the Adjustment of status after?

    If your K1 is approved and you marry within the 90 days you're allowed in the US, you MUST immediately file for adjustment of status using the I-485 I mentioned above; failure to file could result in an overstay of your visa, which may have severe consequences, such as removal from the US (with possible reentry bans of 3, 5, or 10 years). Again, as the alien resident, you--not your wife--would be primarily responsible for filing this form.

    I hope this all helps, and again, forgive me that I'm not an expert.

    Good luck!

    Darren


    SOURCES:

    Use this form to apply for lawful permanent resident status if you are in the United States.

    Certain aliens noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). Other aliens noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply to U.S. Citizenship and Immigration Services (USCIS) for an EAD that shows such authorization.

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    • #3
      Please see my responses to your questions below:

      Originally posted by Jayrob View Post
      Hi guys! Im new here as you see :-D

      And i have read and realize that you guys are so helpful and caring? And i do appreciate your effort to answer our questions!

      1) My first question is if i get married in America with the K1 visa, will i be able to work while my wife file for adjustment of status?

      AFTER ARRIVING IN THE STATES WITH A K1 VISA, YOU CAN APPLY FOR AN SSN 15 DAYS AFTER ARRIVAL, AND WILL BE ELIGIBLE TO WORK UNTIL YOUR 90-DAY K1 VISA PERIOD HAS EXPIRED. AFTER THAT YOU MUST WAIT UNTIL YOU HAVE YOUR INTERIM WORK AUTHORIZATION OR GREEN CARD FROM THE ADJUSTMENT OF STATUS FILING.

      2) Can i travel on a visitors visa and get married to her AND she file for a K1 visa while im over there?

      ONCE MARRIED, YOU ARE NOT ELIGIBILE FOR A K1 VISA. YOU MUST THEN APPLY FOR A CR-1 SPOUSAL IMMIGRANT VISA, IF OUTSIDE THE U.S., OR IF IN THE U.S., YOU CAN SUBMIT THE I-130 AND I-485 AT THE SAME TIME TO APPLY FOR A GREEN CARD.

      3) If it is at all possible to file for the K1, can i also do the Adjustment of status after?

      YOU DON'T APPLY FOR A K1 WHILE IN THE U.S. BUT IF IN THE U.S. AND YOU MARRY, YOU THEN APPLY FOR ADJUSTMENT OF STATUS.


      Thanks in advance!

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      • #4
        Thanks!

        Thank you VERY much darren and Ray! It's sooo much appreciated! I'll be sure to share my experience if all goes well!

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