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Working whilst on K1?
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Posted by: chatnoir

Hi, I am new to this forum but have been lurking for awhile.
I am an AW with a FSU fiance. Can anyone enlighten me as to whether or not my he will be authorized to work while in the US on on K1 visa? Some sites i have read say he will be able to work while holding a K1, others state he needs an EAD after the wedding, yet others say he needs a K1 along with a SS # (obtained by showing the K1 and the I-94). Can anyone set me straight on this? As the man, he is concerned about how long he will have to wait to work and i am concerned about his mental state at having to wait to work - depression, etc. Any insight is very appreciated!

Posted by: ConnerVT

Technically, all of the answers listed in your post are correct. Follow the time line:

When she arrives (and arrives at JFK, where they automatically stamp her I-94 with a work authorization), she can then apply for a SS#. This will take a couple of weeks to arrive. With these two items, she is legally eligible to work in the US until her K-1 visa expires or is no longer valid (90 days from entry into the US, or she marries).

After 90 days (or marriage), she will no longer be eligible to work, as technically she is "without status" as far as the USCIS is concerned. She will not be eligible to work until she either receives her EAD (Employment Authorization Card) or her Conditional Resident Alien Card.

So, she can work nearly immediately after her arrival (after getting her SS card), but it will be a very understanding employer who will hire her under such a complicated condition (and for a limited window of time). More realistically, 90 days after filing for AOS (and EAD) is the earliest she would possibly expect to begin working.

Posted by: chatnoir

Thanks so much for taking the time to reply and to help clarify the issue for me. I have scoured the boards online for days looking for info. I just hope he does not go stir crazy if he will need to wait 90 days before realistically being able to work. I have already forewarned him of some potential wait period and the idea of not being able to work, esp for that length of time, is very hard for him to accept as a man. What worries me is not the money at all, but rather how not being able to work for awhile will affect him, his state of mind (boredom, depression, etc).

For some reason I was always under the impression that a SS #/card was sufficient proof of employment eligibilty...

But thanks again for responding!

Posted by: myshka

Conner has more up to date info than I do, but I can offer some insights. If your man does get the EAD at first and finds a job it is dependent on the employer about how they feel having 90 day permission then needing new one. The field of work is what will govern that. If your man is a computer professional, any company that is a larger one is used to dealing with visa issues and will be more understanding. Our info is too dated to help you now, we have been married for 7 years but when my husband arrived on the K1 visa in the end of Oct. he had EAD at port of entry (they gave it out more freely then , than they do now) and he found a job and was working by end of Dec. before we were married. As I said,this was a long time ago in the K1 world.

As for his feelings, the first month or two will feel like a honeymoon, and will be such an adjustment time that it will pass by fast and I doubt any feelings of inadequacy relating to a job, will appear. however, after saying that, depending on your fiancee's personality, the issues that rise could be ones of inadequacy relating to being so dependent on you for everything! I would say, get him his drivers license asap,

many states have drivers manual in other languages including Russian but I am not sure about Ukrainian. Get him to explore places, on his own while you are at work. The hardest thing for my husband at the beginning was telephoning since he wasnt confident about his English skills. So he dealt with applying for jobs online, via email until the actual interview process. As i said, he is a computer professional so that was ok but if your fiancee is in a different work area this might not be possible.
Good luck and if you need anything, just PM me.

Posted by: Jill

Don't know how far along you are in the process...But if you're still in the beginning stages, it might be worth looking into DCF which is available in Ukraine without a residence requirement (your fiance is Ukrainian, yes?). The process is much quicker and he will be eligible to work upon arrival in the US (and getting his SSN, of course). Of course, that means that you would need to marry before applying, but even still, it is much faster and (in my opinion) much less of a headache.

But I agree with Myshka--he will be so busy at first getting settled in that he likely won't even have time for a job search. My husband has been here about a month now and we are still just getting settled in.

Posted by: Jill

Quote:

many states have drivers manual in other languages including Russian but I am not sure about Ukrainian.

No Ukrainian, but you're right about Russian. And some states let you take the written test in Russian as well. Just call your local DMV and, if available, they can send you a manual. But also keep in mind that you can't get a drivers license without a SSN.....

And just to give you a sense of the time frame, SSN takes a minimum of 4 to 6 weeks to receive (after applying). My husband is still waiting for his....

Posted by: ConnerVT

More clarifications:

-- Initially, the SS card will be issued with a stamp that (effectively) says: "Not valid for employment without work authorization..." This is why a the EAD is necessary.

-- Since 9/11, the rules have become more strict in regards to obtaining a driver's license. Here in VT, my wife needed to have her EAD in hand before she could even get her learner's permit. Once she got her license, the expiration date is the same date her EAD expires. In other states, I have heard that the requirements are even stricter.

-- Depending on where you live, 90 days is a ballpark figure as to when he should receive his EAD AFTER the USCIS receives his AOS application. In my wife's case, it was about 75 days. The "law" says that after 90 days, you can have the USCIS issue a temporary EAD. Jim_FL has had the run around on this one, is better for comments about it.

Hope the info helps.

Posted by: chatnoir

Thanks for all the info, myshka and Jill, and for taking the time to help. Yes, he is Ukrainian and we are in the beginning stages of trying to navigate the bureacracy (he proposed over New Years while I was in Kiev

.

As he is in software development and has about 10 yrs of experience, I was hoping he would maybe be able to find something relatively quickly here without waiting for months. He is a typical man of the East - the thought of not being able to work for 1 month horrifies him, let alone 3 months. He wants to contribute and provide for me and the thought of him not being able to for awhile is 'very sad' for him he says. I am worried he will become bored and depressed if he is stuck at home for months while i am at work, feeling emasculated or useless. 4-6 weeks for a SS #/card, though? Wow...

Thanks for the tip about DCF - I have heard of it before but never researched it much as he once told me that there was a 30 day waiting requirement in Ukraine for marriage (?). Or perhaps it was a 30 day residency requirement, i do not recall now offhand. Though perhaps he himself was mistaken? I live here in the States and he is in Kiev and it would be almost impossible for me to get an entire month off from work to go do this... If there is no residency requirement, i would definitely be in favor if it is really much easier and faster and less of a headache.

myshka, how did your husband adjust for the first few months here and Jill, how is this first month going for yours?

Again thank you both for being so kind as to reply and help me out on this - I really am very grateful i found this forum. You guys are great.

Posted by: Spakoyna

Quote:

Originally Posted by chatnoir

I just hope he does not go stir crazy if he will need to wait 90 days before realistically being able to work.

What about a nice long honey-do list?

Posted by: Jill

Quote:

he once told me that there was a 30 day waiting requirement in Ukraine for marriage (?)

There is--it's a ZAGS requirement. However, you can easily bribe your way out of it

So your husband is from Kiev? Mine too, and actually we were married in Kiev. We went the DCF route and it took him approximately 2 months from application to receiving the visa (very quick!). However, we didn't process in Kiev, so I'm not sure how long it averages there. I believe AkMike did DCF in Kiev, so you could send him a PM and ask how long it took.

The first month has been alright--but defintely challenging. As soon as he gets his SSN and then gets his drivers license, I think things will get much easier.

BTW, if you do decide to go the DCF route, your husband would receive his permanent residence card approximately a month after arrival in the US (my husband actually got his in about 3 weeks). But, as I said, we're still waiting on the SSN. So that's holding things up.

Posted by: chatnoir

Yes, my fianc� is from Kiev also. Beautiful beautiful city. I have more than once told him that I would be more than happy to move to Kiev to be with him (despite my deficient Russian skills) but he feels very strongly we would have a better future in the US.

ZAGS -- a bribe would work, huh?

How much time did it take for you and your husband to go through the process, from the time of getting the Letter of Non-Impediment, authenticating the letter, etc etc etc, to the actual wedding? I just returned from Kiev last week and do not know when i will be able to get any real time off in the next few months...

So most people find the DCF to be the way to go, then, instead of the K1? Much less hassle, faster? If so, I will definitely inform him. I have no clue what a ZAGS wedding would be like... something left over from the Soviet-era no doubt? Sounds very exotic, if nothing else.

Posted by: Jill

Quote:

but he feels very strongly we would have a better future in the US.

My husband is just the opposite--he is set to move back to Kiev as soon as I finish my degree. I told him I wouldn't be against it, provided the economy picks up a bit and we can both find work. We actually lived in Kiev the first year or so of our marriage. It is a wonderful city!

Quote:

ZAGS -- a bribe would work, huh?

Worked for my brother in law. And I'm sure for quite a few others. Not that I'm advocating it, of course

Quote:

ow much time did it take for you and your husband to go through the process, from the time of getting the Letter of Non-Impediment, authenticating the letter, etc etc etc, to the actual wedding?

This can actually be done very quickly. The letter of non-impediment takes about 15 minutes (at the Embassy). Then you take it to the Ministry of Foreign Affairs and they autheniticate it (whatever exactly that means)--usually by the next day or the day after. Then it's just a question of getting everything translated and notarized and you're set to register at ZAGS. Actually at the central ZAGS in Kiev there is a special office for people marrying foreignors--have your fiance stop by and they can answer any questions. Also, the US Embassy in Kiev's website is pretty thorough about the process. Gathering the documents really doesn't take much time--just the 30 day wait period imposed by ZAGS. But again, there are ways around that, I'm sure. I think AkMike could also add some input on this issue, since he went through it more recently than I.

Quote:

I have no clue what a ZAGS wedding would be like...

Fairly silly and awkward. At least in my opinion. But a Ukrainian reception is a whole lot of fun!

Posted by: chatnoir

Jill - very interesting that your husband wants to return to Kiev to live. I don't blame him.

What are the reasons he gives for preferring to live there, if I may ask? Believe me, I have tried every argument w/my fiance about my moving there but he feels fairly strongly that we should try the US first for a few years at least, if not for good. In fact, most (if not all) of his friends/family advocate his coming here as opposed to me going there. One of his main concerns about living there is making enough money to provide comfortably for us (he often encounters salary delays, etc), what sort of future would our children have, etc. I always argue surely it can't be as bleak as that, look how many others do it. I would actually love to live in Kiev even though I am not quite sure what sort of work I would be able to find as my Russian is sadly rather limited...

Slight glitch w/the 'facilitated' ZAGS route: one thing I noticed that could be a prob is that the Embassy would require my passport for the DCF and surely they would notice the discrepency between the date I entered the country and the date of marriage (ie the dates not being the full 30 days required). And surely that would invalidate the whole thing in the Embassy's eyes...?

Oh well, back to square one, it seems....

Posted by: myshka

I would suggest your fiancee go to craigslist for the city you are living in and check for software developers positions. Just a preliminary search. The other thing to do is with the proliferation of Russian/Ukrainian computer professionals here already, he should surely re-new or keep in touch with anyone he knows who has come before him, even acquaintances, not just actual friends. chances are he knows people here already working. I hope you are in a large metro area, it will be easier for him.

Posted by: PrincetonLion

Quote:

Originally Posted by myshka

The other thing to do is with the proliferation of Russian/Ukrainian computer professionals here already, he should surely re-new or keep in touch with anyone he knows who has come before him, even acquaintances, not just actual friends. chances are he knows people here already working.

Let he goes to Privet (www.privet.com) at first, he will make a lot of friends and maybe even find some work proposal!

Posted by: PrincetonLion

Quote:

Originally Posted by chatnoir

Yes, my fianc� is from Kiev also. Beautiful beautiful city.

Oh yes, I like Kiev very much as well... But I prefer St. Petersburg - this is, in my opinion, the most beautiful city in Europe!

Posted by: Jill

Quote:

Slight glitch w/the 'facilitated' ZAGS route: one thing I noticed that could be a prob is that the Embassy would require my passport for the DCF and surely they would notice the discrepency between the date I entered the country and the date of marriage (ie the dates not being the full 30 days required). And surely that would invalidate the whole thing in the Embassy's eyes..

I doubt the Embassy would care. The 30 day wait requirement is a ZAGS thing--it has nothing to do with the Embassy. Again, AkMike might have more info on this (I think he actually did this somehow). But my guess is that the Embassy doesn't even really look at that, assuming everything else is in order (including a valid marraige license and your "proof of relationship" through previous trips, etc.).

Quote:

What are the reasons he gives for preferring to live there, if I may ask?

He's just patriotic, I guess. To him, there's simply no better place in the world than Kiev. I don't know whether he'll change his mind after a few years of living in the US. He might. Although right now his dream is for us to move back. He does admit that it is much easier to make money in the US, but feels that the overall lifestyle in Ukraine is better and more "humanitarian."
Specifically, he doesn't like that you need a car to go anywhere in the US (at least where we live), instead of being able to hop on a marshrutka as you can in Kiev, and he doesn't like that you need insurance to get medical care (as opposed to a box of chocolates and a bottle of champagne, as he did in Kiev whenever he needed to see a doctor or dentist). Also, in Kiev his parents would be nearby and all too happy to provide round the clock babysitting services (whereas my parents live on the other coast, so they can't really help out with things like that) and that would certainly make life a bit easier for us. Childcare is really expensive where we live (and we don't really like the idea of leaving the baby with strangers).

Well, and it's actually not such an unusual attitude to prefer living in Ukraine to the US. His best friend's brother moved to the US and ended up moving back to Kiev after about a year or so. And he has a "friend" on one of the Russian forums that just goes to the US every few years or so, works, makes a lot of money, then goes back to Russia to live. My husband actually feels that this is the optimal arrangement--make money in the US, but live in Ukraine.

Oh, speaking of driving. You might want to suggest to your fiance that he get a Ukrainian drivers license (if he doesn't already have one). You should double check this with DMV, but I think you can driver temporarily in the US with a foreign license. That would enable him to be a little more mobile while he's waiting for his SSN to get his US license.

Posted by: chatnoir

Thanks myshka and PrincetonLion for the tips. I will def pass them along to him. Anything at this point is a huge help as he really knows no one in the IT industry in N America and as I am not in IT myself (nor do I really know anyone who is), I am at a loss as to where to direct him.

PrincetonLion, St Petersburg is actually one of the cities I have most dreamt of seeing, but due to circumstancs have not have a chance yet... Someday soon, hopefully! I have always been drawn by the mystique of the Silver Age...

Jill, I pmed AkMike for more info. Thanks for the tip on the DCF. It does sound like it would be the least hassle if we are able to arrange it. I told R about this and he said he would try to inquire at ZAGS (now am wondering what one wears to a ZAGS wedding...suit or nice dress a la civil ceremony in the US? or full blown wedding attire?). Thank you also for giving me some insight into reasons behind your husband's wish to live in Ukraine as well. I hope you don't mind my sharing them. Yet i can envision his reply now: 'we can try it first and see. If we decide to go back to Kiev, we can save some money at least and then return to Ukraine after a year or two.'

Posted by: lmjor496

I found a website with some information in both English and Russian.

www.usworkvisaguide.com

L J