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K-1 Visas from Thailand: Adjustment and Employment Authorization
Transcript of the above video:
As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas, Adjustment of Status and Employment Authorization Documentation. I've discussed in other videos recently what is called Advance Parole. Advanced Parole is when you ask to leave Thailand, excuse me, if you have to leave the United States while you are pending processing of Lawful Permanent Residence in the United States; you're pending Lawful Permanent Residence; you are processing that case and you are asking, "hey can I leave the country while that's processing and come back?" Failure to seek Advance Parole can lead to somebody basically not being able to return on their K-1 Visa, and they have to start all over again. That's a different issue.
We are talking about Adjustment of Status, going for Green Card status, and seeking employment authorization in the meantime. It is possible to do that. You can actually seek employment authorization before the Lawful Permanent Residence is issued or approved. Again, you go through the process of seeking an EAD, an Employment Authorization Document. You file the documentation associated with that and then you go ahead and wait for it to process out. Then they issue an EAD card which you can go ahead and use to work in the United States while the Green Card is pending. Failure to do this, K-1 Visa holders in and of themselves are not work authorized so they have to seek work authorization in order to be work authorized in the United States. Generally speaking, not a bad idea to do it. If you are going to do it, it is generally a good idea to do it contemporaneously with Adjustment of Status. Again, depending on the underlying facts, that may or may not be possible but again it is oftentimes a prudent idea to go ahead and seek such authorization if you are thinking of working in the United States.
We primarily process cases involving fiancés out of Thailand and other parts of Southeast Asia. Generally speaking, I deal with the US Embassy here in Bangkok but again, it depends on, I may have a case that arises in Laos or Cambodia, someplace around here, but for the most part we deal with Bangkok. Generally speaking, we find that folks that go into the United States and seek Adjustment of Status, it can take a little bit longer sometimes than people expect, so seeking work authorization as well as Advance Parole from the outset of Adjustment may not be a terrible idea, again depending on the underlying facts in a given case.
