Desperately need to work - K3

T

tomtart

New Member
If anyone can help on this I will be so grateful.....
I am a UK citizen married my US wife in UK in July 2004. I have recently entered US on K3 spousal visa and been issued with I94.
We were led to believe that I could work as soon as I entered the US. My wife is a singer / actress.
I need to be working immediately..... I have now been told that I have to file my AOS and EAD and it will take upto 90 days for this to go through.
Can anyone advise if there is a way that I can get EAD very quickly?
How long does this process REALLY take....???
If I cannot sort something out very soon my wife and I will have to seperate and I will have to return to the UK to work. With a K3 being a "one entry only" visa I do not know if our marriage will survive the time it will take to re apply....
Please, PLEASE, if someone can help me out here we are in urgent need of help
Thanks in advance
Richard
 
To get EAD you will need to apply AOS and file for EAD at that time. Yes, normally it will take about 90 days for you to get EAD but there is a process to expedite your EAD application. Search for the process on USCIS web site but I think it involves sending a fax to 214-962-2632 with your request giving a reason for asking for expedite processing.

Check the following: http://www.uscis.gov/files/article/F-1_eng.pdf
 
Last edited by a moderator:
You should be able to work as soon as you enter the US, get a SS number and find a job on a K-3. K-1 visa holders have to waite 4 months before they can work in US. Also the K-3 is a multiple entry visa. You can leave and come back on that visa as often and as much as you need to providing you show the US you are serious about becoming a citizen.
 
Yes. The K3 is a multiple entry visa meaning that even if you are undergoing AOS, you can freely exit and enter the country so that solves the work problem. As a K3 holder, in order to work you need to firstly obtain an EAD upon which you can obtain a SSN and then employment. See the info I have posted below from visajourney.com who have updated information on visa procedures.

K1 visa holders on the otherhand are work authorised upon arrival to the USA- the only problem is proving to an employer that you are as you have no EAD or other documentation to state such a fact. Those lucky enough to have JFK as their POE can get an EAD stamp in their passport to prove their eligibility to work. Problems occur when their K1 I-94 expires and the replacement EAD that they have applied for has not yet been issued.




As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to
show this to the SSA agency to be eligible to receive a SSN.

To apply for a SSN you will need to go to your local SSA office and bring:

1.
The SS-5 form you downloaded and filled out (they have some at the office if you forget).
2.
Passport (with the K-2, K-3, or K-4 Visa in it)
3.
your valid I-94
4.
another form of valid ID (as defined in the SS-5 instructions)
5.
A valid EAD

Only persons age 12 and older must apply in person. A derivitive visa beneficiary (K2 for example) may
elect to have their parent (the K1 for example) apply on their behalf (they will still need all the required
documents). The SSA will most likely need to verify the validity of the EAD and will make a copy to send to the USCIS as part of the SSN processing. Once they verify the EAD you will receive your SSN card in the mail.

You can check on the status of your SSN application and/or often get the SSN in advance by returning in person to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.[/I]
[/I][/B][/B][/I][/I]
 
What is the propwer procedure?

My wife is here in the US on a K3/Spousal visa. She wants to work also. We filed the EAD and have an Appt next week. We have NOT filed yet for AOS. Is that going to be a problem?
 
You must log in or register to reply here.
Top