Can a Fiancé Visa Holder Get a Job Without a Green Card?
Yes, a fiancé visa holder can apply for a job without a green card provided that they have obtained an Employment Authorization Document (EAD).
Understanding the Fiancé Visa Process
The fiancé visa process is designed to bring spouses of U.S. citizens to the United States. Once the petitioner and the fiancé have completed the required steps, including the marriage ceremony, the fiancé can begin a journey towards permanent residency in the U.S.
Applying for an Employment Authorization Document (EAD)
After getting married to a U.S. citizen, the fiancé becomes eligible to apply for an Employment Authorization Document (EAD) through I-765. This document allows the individual to work legally within the U.S. for a specified period. The EAD is crucial for those who wish to start their careers or continue working in their chosen field while awaiting permanent residency.
Eligibility and Requirements for I-765
To apply for an EAD, the fiancé must meet certain eligibility criteria and gather the necessary documents. These typically include:
A current and valid U.S. passport A U.S. social security number (if available) A completed I-765 form A completed Form 864 Filing fee and any required biometrics feesApplying for an EAD can be done online, by mail, or in person at a U.S. Citizen and Immigration Services (USCIS) office. The processing time for an EAD can vary, so it is advisable to apply well in advance to avoid any potential delays.
Temporary Validity and Work Authorization
The EAD typically remains valid for one year from the date of issuance, although if the fiancé's I-485 application (for permanent residency) is approved before the EAD expires, the EAD can be extended. This means that the fiancé has up to a year to adjust their status and become a lawful permanent resident, during which time they can continue working in the U.S.
From K1 to Permanent Residency
For someone on the K1 visa, who is seeking to become a lawful permanent resident of the U.S., the process can be summarized as follows:
Marry the U.S. citizen petitioner while the K1 visa is still valid. File the Application to Adjust Status (Form I-485) with the USCIS. This enables the K1 visa holder to apply for permanent residency while remaining in the U.S. legally. Simultaneously file Form I-765 for an Employment Authorization Document. This is where the fiancé can start working legally as soon as the EAD is issued. Wait for the processing of I-485 and I-765. Once both applications are approved, the fiancé can legally transition from a fiancé visa holder to a permanent resident and continue working without any issues.Conclusion
In summary, a fiancé visa holder can legally work in the U.S. before obtaining a green card, provided they have an EAD. This facilitates the transition to a permanent status and allows for smooth integration into the workforce. It is essential to follow all the eligibility criteria and ensure timely application processes to avoid any legal complications.