Timing Your Work Authorization on a K-1 Visa

So, you’ve arrived in the U.S. on a K-1 visa, you’re ready to legally marry your fiance, and you’re probably wondering, “K1 visa when can I start working?” You’re not alone—many people on K-1 visas are eager to dive into the workforce. But you need to understand the steps for work authorization and follow specific guidelines before you can clock in for that first paycheck.

Let’s start with the golden rule: The K-1 visa allows you to enter the country for marriage but does not automatically grant work permission. Keep reading to learn about each step, timing, and any factors that can impact how soon you can start working.

K1 Visa When Can I Start Working?

Here’s the reality: a K-1 visa brings you to the U.S. so you can marry your fiancé(e) within 90 days, but it doesn’t give you permission to work right away. To legally start working, you must first apply for work authorization with U.S. Citizenship and Immigration Services (USCIS). Here’s what your work authorization timeline looks like:

Step 1: Marry Within 90 Days

First things first—marriage! After you enter the U.S. on a K-1 visa, you must marry your U.S. citizen fiancé(e) within 90 days. This marriage requirement is not just a formality; you need it to remain in the U.S. and apply for work authorization. Until you say “I do,” the K-1 visa allows you to be in the U.S. as a fiancé(e), not as a spouse. So, plan that wedding! (It doesn’t have to be grand—just get those vows in and make it official.)

Step 2: Submit Form I-765 for Work Authorization

Now that you’re married, it’s time to apply for work authorization by submitting Form I-765, Application for Employment Authorization, to USCIS. This application requests a document called the Employment Authorization Document (EAD), which gives you the right to work legally.

1. Download Form I-765 from the USCIS website. Fill it out with all the essential details. Use the same name and info that’s on your K-1 visa.
2. Attach a copy of your K-1 visa, your marriage certificate, passport, and two passport-sized photos. USCIS wants to know you’re the real deal.
3. USCIS charges a fee for Form I-765. Check the latest fee on their website and pay it as instructed.
4. Mail the form and documents to the correct USCIS address. Double-check the address to avoid delays. This step kicks off the work authorization process.

Step 3: File for Adjustment of Status (AOS) with Form I-485

While Form I-765 gets you work authorization, filing Form I-485 for Adjustment of Status (AOS) lets you stay long-term. AOS is your step toward a green card, which grants you permanent residency and the freedom to work without renewing authorizations. Filing Form I-485 with Form I-765 often speeds up the process.

1. You can download this form on the USCIS website. Fill it out accurately, and make sure it matches your I-765 application.
2. Add a copy of your marriage certificate with Form I-485 to show you have married your U.S. citizen fiancé(e).
3. Include copies of your K-1 visa, passport, recent medical examination, and other required documents. USCIS needs everything they ask for, so be thorough!
4. AOS comes with its own fee ($1,140 for the form filing fee and $85 for biometrics). Check the fee on the USCIS website.

Step 4: Wait for USCIS to Process Your Application

After submitting Form I-765, it’s time to wait. Processing times for work authorization typically range from three to five months, depending on USCIS’s workload.

1. USCIS will send you a receipt notice with a case number. Use this number to check your application status online.
2. USCIS may schedule a biometrics appointment, where they’ll take your fingerprints and photo. Attend this appointment as scheduled—USCIS won’t move forward without it.
3. USCIS asks for more documents or information, known as a Request for Evidence (RFE). Don’t stress—it’s just routine. Respond promptly to avoid delays.

Step 5: Receive Your Employment Authorization Document (EAD)

Once USCIS approves your I-765 application, they’ll send you an Employment Authorization Document (EAD), which is your ticket to start working. With the EAD in hand, you’re legally allowed to work in the U.S. This card is valid for one year, but if needed, you can renew it while waiting for your green card approval.

Factors That Affect When You Can Start Working on a K-1 Visa

• Processing times depend on USCIS’s workload, so they can vary.
• Submitting Form I-765 along with your AOS application can speed things up since you’ll only wait for one processing period instead of two separate ones.
• You can only apply for work authorization after marriage.
• USCIS sometimes does background checks, which may delay processing by a bit.

K1 Visa When Can I Start Working? The Bottom Line

Getting work authorization on a K-1 visa takes a bit of patience. Visa Library‘s short answer to “K1 visa when can I start working?” is: after marriage, once you file Form I-765 and wait for USCIS approval. Remember, good things come to those who wait—and follow USCIS’s steps. So hang tight, keep an eye on those processing times, and soon, you’ll be on your way to working in the land of opportunity!