January 17, 2025

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

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.

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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. 

Categories: Advance Parole, Form I-131, Form I-485, K-1 visa

Tags: Advance Parole (AP), Employment Authorization Document (EAD), Form I-131, Form I-485, K-1 Visa, valid status

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