K1 - Working/Studying?

[viajerajulie]

Sorry for two posts in a row like this but...

once my fiance enters on his K1 - is he automatically able to start working legally and/or attending school (university)? Is there extra paperwork that needs to be filed for that or does he have to wait for a full green card? Thanks again! You guys are awesome!

Julie

[Laura]

You will have to marry, file the AOS paperwork (which includes the I-765 for employment auth.) and wait for that EAD to come through before he can work. You might want to look for gdalicia and Adriane's timelines to see how long that is taking. They both did K-3 (meaning they were married already), but I believe the AOS requirement and process after the immigrant enters the U.S. is the same.

So, no, he can't work right away. I don't think there is any problem with him going to school.

[gatita]

If he can manage to have JFK airport be his POE, he may be able to get a 90 day work stamp there. As far as I know, only JFK is still routinely stamping K-1s for 90 day work permits. He could use the stamp and get a soc. security number to at least work for a time. You may have a period where he cannot work, though, between the stamp's expiration and when he gets his EAD.

He may or may not be able to attend school. From what I've seen the policy differs between schools. It seemed like community colleges were more relaxed abou it. For example, my fiance has been living here without status and attending college. The plan is for him to contuinue full-time as soon as he gets back in the U.S. He actualy is planning on taking a class online this summer while in Mexico thought he U.S. school to continue working towards graduation. So, it can be done. :)