Can my Fiance work once he or she arrives in the United States on a K1 Fiance Visa?

Yes. Once your fiancé arrives in the United States on a K1 Fiance Visa, he or she can immediately apply for permission to work by filing form I-765, Application for Work Authorization. If your fiancé applies for work authorization upon his or her arrival and before getting married, the permission to work would be good for about 90 days.

The better approach is for the fiancé to get married first and then apply for his or her Legal Permanent Residency and work authorization at the same time. Waiting to marry first and then filing for your work authorization along with your application for Legal Permanent Residency will give you permanent permission to work, so long as you remain a Legal Permanent Resident and/or Citizen of the United States. Plus, if you file for your work authorization along with your request for legal permanent residency, USCIS will waive the $380 filing fee normally charged to file form I-765, Application for Work Authorization. That’s a big savings.

If you have any questions about obtaining permission to work while in the United States on a K1 Fiancé Visa, you are welcome to call me anytime toll free at 1-888-515-3529.

Attorney Jeffrey C Pettys