Nevada Laws on K1 Visa to Work

104 29

    K-1 Limitations

    • A K-1 visa, also known as a fiancé(e) visa, is granted to an individual for the singular purpose of legally entering the U.S. for the purpose of marrying an U.S. citizen and reside with them inside of the country. The visa holder must enter the U.S. within 60 days of its issuance and must legally marry inside of the U.S. within 90 days of entering. A K-1 holder cannot legally work in the U.S. until he is in possession of a green card. Furthermore, K-1 holders cannot leave the country before being granted a green card unless they file for advanced parole through the United States Citizenship and Immigration Services (USCIS) at the same time they file for a green card. The form used to obtain advanced parole is Form I-131 Application for Travel Document and can be found at the website of the USCIS (uscis.gov). I-131 is accompanied by a $305 application fee that must be paid upon submission of application.

    Employment Authorization Document (I-765)

    • As well as being unable to leave the U.S. before being granted a green card, K-1 holders are not permitted to work before green card approval. If the visa holder needs to work prior to obtaining a green card, they must file for an Employment Authorization Document (also with the USCIS) before legally being able to work. An EAD, Form I-765, must be filed through the USCIC accompanied by a $340 application fee. If you are filing I-765 after or at the same time as filing for a green card (I-485) then there is no application fee.

    Adjustment of Status (I-485)

    • If the K-1 holder is not in desperate need of immediate work or for international travel, then waiting for green card approval (permanent resident status) is the easiest way to obtain work eligibility. In Nevada and the rest of the United States, K-1 visa holders must file an Adjustment of Status (Form I-485) after marrying in order to legally remain in the U.S. After approval of the adjustment of status, a green card is issued and the holder has complete rights to equal and fair employment as any U.S. citizen does.

Source...

Leave A Reply

Your email address will not be published.