January 17, 2025

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

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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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

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to be sent and received by the National Visa Center and then forwarded to the foreign fiancé’s embassy or consulate where he/she will undergo a visa interview, petition revalidation is possible. While the interviewing consular officer will often automatically revalidate an expired petition, demonstrating ongoing intent that the U.S. citizen and foreign fiancé intend to marry within ninety (90) days upon the foreign fiancé’s arrival in the United States may be requested. The rationale behind requesting updated documentation showing continued marital intent is to ensure that the couple’s bona-fide relationship remains current and genuine. It further helps to reduce prolonged processing

What is Advance Parole and How is it Different from a Re-Entry Permit?

Foreign nationals who arrive in the United States as nonimmigrants and then file for adjustment of status may also file for advance parole in conjunction with their Form I-485, Application to Register Permanent Residence or Adjust Status with the United States Citizenship and Immigration Services (“USCIS”). Advance Parole differs from a Re-Entry Permit because while both use the same form; Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, USCIS issues Advance Parole to those seeking to temporarily depart the United States before their lawful permanent residence is approved. A re-entry permit is for those who are already lawful permanent residents and are looking to travel outside the United States for a short period without abandoning their permanent resident status. An example of a foreign national who would be eligible for Advance Parole is somebody who entered the U.S. on a K-1 fiancé visa. After arriving and marrying

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

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