Is it Possible to Work in the United States While My K-1 Visa Application is Pending

If you are presently waiting for a K-1 Fiancé(e) visa application to be approved, based on engagement and forthcoming marriage to a U.S. citizen, it could be some time before you can legally work in the United States. You will be required to enter the U.S. with your K-1 visa and then either:

  • File an application for a work permit or
  • Wait until you are married to the U.S. citizen this way you can include your I-765 work permit application when you submit an adjustment of status for a U.S. green card

What is a Work Permit?

A work permit, also known as an employment authorization document (EAD), is a small plastic identification card that shows that U.S. Citizenship and Immigration Services (USCIS) has approved your work application to work in the U.S.

When seeking a job you will need to show your prospective employer your work permit when you report to work for the first time.

Filing an Application for Work Permit While on a K-1 Visa

K-1 Visas grant beneficiaries the authorization to enter the U.S. and stay for 90 days in order to get married and if they wish to apply for an adjustment of status. If you would like to work during those 90 days, one option is to submit a work permit application with USCIS immediately upon entering and pay a filing fee. Before you file your work permit application, have an immigration attorney advise you about alternatives to work this way so you do not get in trouble with immigration.

Adjusting Status and Applying for a Work Permit After Getting Married

Immediately after entering the U.S. on your K-1 Visa, time starts ticking. You are granted a 90 days timeframe within which you have to get married, obtain an official government certification of marriage (which can take days or weeks) and prepare the daunting paperwork required for your adjustment of status application which you will need to complete and submit to USCIS by mail.

The faster you are able to submit your adjustment of status and work permit application the sooner you will be able to get your approval for U.S. conditional residence status which can eventually result in acquiring lawful permanent residency.

Before applying for a work permit see your nearest immigration law firm for advice and guidance.

Seek Counsel From an Immigration Lawyer

Whether you are applying for a K-1 Fiancé(e) visa or are visiting the U.S. under a K-1 Fiancé(e) visa status and you are seeking employment it is best to pursue wise counsel. The Gambacorta Law Office will gladly work with you. Give us a call today at 847 443 9303.