One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance nonimmigrant visa status to lawful permanent resident status.
As part of the adjustment process, applicants have the option of filing a Form I-131, Application for Travel Documents, Parole Documents, and Arrival/ Departure Records with their Form I-485, Application to Register Permanent Residence or Adjust Status. Approval of the Form I-131 will result in Advance Parole allowing for international travel while waiting for USCIS to approve the Form I-485.
Applicants also have the option to file a Form I-765, Application for Employment Authorization (“EAD”) while USCIS adjudicates the adjustment application. Once the EAD is approved, they will have valid status and allowed to work until USCIS issues a decision on the Form I-485 Application. Upon receiving an approval of the Form I-485 from USCIS and being issued lawful permanent resident status, the EAD will become obsolete and no further action is needed to seek employment.
While the EAD can be filed separately, it is advisable to submit it concurrently with Form I-485.
For more information on filing an EAD following marriage to a U.S. citizen after arriving on a K-1 visa, contact us at info@enterlinepartners.com.
K-1 Visa and Work Authorization
| Question | Answer |
| Does a K-1 visa grant work authorization upon entry? | NO — the K-1 visa does not automatically grant work authorization |
| When can the K-1 holder start working? | After Form I-765 (EAD) is approved — typically 3-5 months after filing I-485 |
| What form is needed? | Form I-765 (Application for Employment Authorization) |
| File with or separately? | File SIMULTANEOUSLY with Form I-485 (strongly recommended) |
| Does EAD have an expiration date? | Yes — valid until USCIS decides the I-485 or the EAD itself expires |
| After I-485 is approved? | EAD is no longer needed — Green Card serves as permanent work authorization |
Frequently Asked Questions
Can a K-1 visa holder work in the U.S. immediately after arriving?
No. The K-1 visa does not grant work authorization upon entry. After marrying the U.S. citizen petitioner and filing Form I-485 (Adjustment of Status), the applicant may simultaneously file Form I-765 to request an Employment Authorization Document (EAD). Once the EAD is approved — typically 3-5 months after filing — the applicant is authorized to work legally in the United States for any employer.
How long does it take to receive an EAD after filing Form I-765?
USCIS currently processes Form I-765 applications in approximately 3-5 months when filed concurrently with Form I-485. Filing Form I-765 on the same day as Form I-485 is strongly recommended to minimize the waiting period. If filed separately after I-485 has already been submitted, processing times may vary.
What happens if I leave the U.S. while my I-485 is pending?
Departing the United States while Form I-485 is pending without an approved Advance Parole document (Form I-131) results in the I-485 application being automatically deemed abandoned. The application is terminated and all filing fees are forfeited. For this reason, Form I-131 should be filed simultaneously with I-485, and the Advance Parole document should be received before any international travel.
Can a K-1 visa holder work in any job with an EAD?
Yes. An Employment Authorization Document (EAD) is an unrestricted work permit. The holder may work for any U.S. employer in any industry or occupation — there is no restriction on the type of work or field. The EAD remains valid until USCIS issues a decision on the pending I-485 application or the EAD card itself expires.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline & Partners only.
