Foreign nationals who have come to the United States for the purposes of marrying their U.S. spouse may be able to obtain a work permit during their 90-day K-1 visa validity period. However, since employment authorization usually takes around three months to receive, K-1 visa holders may not have the opportunity to work on a K-1 fiancé visa within those three months. Especially as the work permit will expire the day the K-1 visa expires.

While a K-1 visa holder is permitted to apply for employment authorization during the 90-day validity period, in many cases, it is recommended that the applicant apply after getting married. The Individuals applying for a green card after the wedding may find this the best option for seeking employment authorization.

K-1 Visa Background

The K-1 visa is often called the Fiancé(e) visa, and is a single-entry visa. It was established so that any foreign-born fiancé(e) could be admitted to the U.S., to marry their U.S. fiancé(e).

While the K-1 visa is valid for six months, once inside the U.S., it is only valid for 90 days. This means the couple must get married within 90 days, otherwise the foreigner loses their legal status.

K-1 Fiancé(e) visa eligibility requirements include, but are not limited to the following:

  • The sponsoring fiancé(e) must be a citizen of the U.S.
  • Both must be of legal age to get married
  • Both must have been (and remained) unmarried to each other and to anyone else when (and after) the K-1 petition is filed
  • The couple must provide evidence that their relationship is genuine
  • The couple must have met in person within two years of the K-1 visa application
  • The couple must promise that they intend to get married to their significant other within 90 days of the foreign national’s arrival in the U.S. 
  • Attend the K-1 visa interview

How to Apply for a Work Permit as a K-1 Fiancé Visa Holder

An Employment Authorization Document (EAD) is an identity card issued by the United States Citizenship and Immigration Services (USCIS) indicating the beneficiary’s approval to work in the U.S.

Ideally, an applicant should begin by preparing the  supporting documents for his or her EAD. These include copies of the following:

  • Passport identification page
  • K-1 visa
  • I-94 arrival record
  • Any previous EADs
  • Two passport-style photos
  • EAD filing fee
  • $85 fee for the biometrics screening appointment 

The applicant may opt to mail their Application for Employment Authorization (Form I-765) to the appropriate USCIS Service Center. Included in the packet must be a check or money order for the $520 filing fee, and all required supporting documents. 

Otherwise, the I-765 and supplemental documents can be filed online, which reduces the filing fee down to $470. Consequently, all supporting documents can be uploaded during the EAD application process.

During the application process, the K-1 fiancé will also be required to attend a biometrics screening appointment. This is for the purposes of obtaining a digital photo and electronic fingerprints of the applicant. If the K-1 visa holder paid the fee with their application, they do not need to bring payment the day of their appointment.

Once the application has been submitted, the K-1 visa holder will be required to wait for his or her official EAD before they can begin working.

Once received, the EAD recipient will be required to show his or her work permit to their U.S.-based employer. Additionally, the EAD will be used to obtain a Social Security Number (SSN). This is a requirement, so that the EAD recipient can pay taxes as related to their employment, and even to claim monetary benefits when they retire in the U.S.

Note: When the K-1 visa expires, so will the EAD. The expiration date can be found on the recipient’s Arrival/Departure Record (Form I-94).

Applying for a Work Permit with a Green Card

It is never a requirement for a K-1 fiancé(e) to remain inside the U.S. Nor is it essential for him or her to seek lawful permanent residence (LPR) status upon getting married to a U.S. citizen. If a K-1 visa holder is going to apply for a green card, he or she will first need to do so by filing an Application to Register Permanent Residence or Adjust Status (Form I-485). Requesting a work permit can be done simultaneously, and simply needs to be included in the application packet. Doing so reduces the wait time for an EAD to around two to three months.

Additionally, it is advantageous to apply for an EAD and to adjust a K-1 visa to green card at the same time because the work permit fee will technically already be included – so there’s no need to pay a separate fee in the future. 

Employment authorization beneficiaries are legally allowed to work while waiting for lawful permanent residency. A green card-based EAD comes with a much longer validity period of about one to two years.

Working Without a Work Permit on a K-1 Fiancé Visa

Any K-1 visa holder who works without first obtaining legal employment authorization not only undermines the perimeters of their K-1 visa, he or she risks losing legal status in the U.S.

Working without an EAD, a K-1 visa holder may be subject to any of the following consequences:

  • Absolute violation of the K-1 status – and possible ineligibility from obtaining K-1 status again in the near future
  • Inability to adjust their status from K-1 to green card
  • Ineligibility for a green card
  • Civil and/or criminal fines for the worker
  • Civil and/or criminal fines for the employer
  • Deportation
  • Banned from re-entering in the U.S. in the future

Therefore, it is imperative to obtain lawful employment authorization before working in the U.S. Many foreign-born fiancés(es) desire to begin working soon after entering the U.S. While they are entitled to do so – with an EAD – the wait times are somewhat longer now. So a work permit may not be attainable within the 90-day K-1 validity period. For that reason, it is advisable to wait until after the wedding before applying to work on a K-1 fiancé visa.

Frequently Asked Questions

Can I work immediately after entering the U.S. on a K-1 Fiancé Visa? No, you cannot work immediately.

You must first obtain an Employment Authorization Document (EAD) before you can legally work in the U.S. The process of obtaining an EAD typically takes around three months.

When is the best time to apply for a work permit on a K-1 Visa?

While you can apply for an EAD during the 90-day K-1 visa validity period, it's often recommended to wait until after you're married and apply for a green card. This way, you can apply for the work permit simultaneously with your green card application, potentially reducing wait times and fees.

What happens if I work without a work permit on a K-1 Visa?

Working without proper authorization can have severe consequences, including violation of your K-1 status, inability to adjust to a green card, potential deportation, and possible bans on re-entering the U.S. in the future. Both you and your employer could face civil and/or criminal fines.

How long is the work permit valid if I get one on a K-1 Visa?

If you obtain an EAD during your K-1 visa validity period, it will expire the same day your K-1 visa expires (90 days after entry). However, if you apply for a work permit while adjusting status to a green card, the EAD is typically valid for one to two years.

Wrapping Up

Working on a K-1 Fiancé Visa requires careful consideration and proper planning. While it's possible to apply for work authorization during the 90-day visa validity period, the processing times often make this impractical. Many K-1 visa holders find it more beneficial to wait until after marriage and apply for work authorization concurrently with their green card application. This approach can save time and money while ensuring compliance with U.S. immigration laws. Regardless of the chosen path, it's crucial for K-1 visa holders to obtain proper work authorization before seeking employment to avoid severe legal consequences and maintain their eligibility for permanent residency in the United States.