EAD

[Nicole&Billy 0]

Hi all,

I am currently living in Canada as we wait for our NOA2 for our K-1 application. My question is : Do i need to wait to apply for my EAD untill i apply for AOS? or would i be able to file it now? i of course would be in the US by now but not being able to work is my only issue. so if there is any way for me to work in the US while we wait to get approved would be ideal.

Any suggestions?

Thanks!

[CowBoE 429]

Since you are doing K1 visa, you need to follow the sequence of...

1) Get K1 visa approved

2) Come to US and get married

3) Apply for AOS (green card), EAD (work permit), and AP (overseas travel)

4) EAD/AP should take 2 to 3 months

That said, there has been a great debate over, whether you can work for a

foreign company that is not based out of US while you are in US and

waiting for the EAD/GC. I've seen arguments for both but nothing conclusive

that I can recall.

[Pitaya 2,576]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum, past K1~

[Nicole&Billy 0]

Since you are doing K1 visa, you need to follow the sequence of...

1) Get K1 visa approved

2) Come to US and get married

3) Apply for AOS (green card), EAD (work permit), and AP (overseas travel)

4) EAD/AP should take 2 to 3 months

That said, there has been a great debate over, whether you can work for a

foreign company that is not based out of US while you are in US and

waiting for the EAD/GC. I've seen arguments for both but nothing conclusive

that I can recall.

Thank you for the response. i figured i would have to wait but i just thought there may be a way to apply before applying for AOS

and when you say overseas travel.. does that mean i WILL be able to travel to canada to USA once we get married? i know i need to apply for permission to travel but i am wondering if Canada to USA will be okay without it. (we are having our wedding in Canada and i am worried i wont be able to come back to USA after with out the approved app)

Thank you

[Sunnyland 639]

You can not apply now for the EAD. You have to come to US, get married and do the AOS. They state it clearly, you can not work in the US until you receive your EAD or 2 years GC. I know of some people that did work before they got the EAD but they did it at their own risk. I wouldn't do it.

PS: You have to get married in US (at the courthouse or similar), if you want to go to another country for a religious ceremony etc after the formal courthouse ceremony you have to wait until you receive the AP.

You can travel to Canada once you receive your AP (Advance Parole) during the AOS. When you do your AOS, also include the EAD and AP forms, etc. Those take less time to get approved and give you green light to travel and work while your 2 years residence is in process.

DON'T leave USA until you receive your AP, or you would be abandoning the process.

Edited March 5, 2015 by Chris & Isa

[Nicole&Billy 0]

You can not apply now for the EAD. You have to come to US, get married and do the AOS. They state it clearly, you can not work in the US until you receive your EAD or 2 years GC. I know of some people that did work before they got the EAD but they did it at their own risk. I wouldn't do it.

PS: You have to get married in US (at the courthouse or similar), if you want to go to another country for a religious ceremony etc after the formal courthouse ceremony you have to wait until you receive the AP.

You can travel to Canada once you receive your AP (Advance Parole) during the AOS. When you do your AOS, also include the EAD and AP forms, etc. Those take less time to get approved and give you green light to travel and work while your 2 years residence is in process.

DON'T leave USA until you receive your AP, or you would be abandoning the process.

thank you!

[Sunnyland 639]

Your welcome.

Just a little reminder, the AP + EAD fees are waived so you can send it all these 2 forms together at the same time with i485.

I-485 (AOS)

I-765 (EAD)
I-131 (Advance Parole for traveling)

And the correct fees ...$1070 (i485 form $985 + biometric fee $85). Double check if these fees changed at the moment you do your AOS.

http://www.uscis.gov/i-485

Good luck!

[CowBoE 429]

Thank you for the response. i figured i would have to wait but i just thought there may be a way to apply before applying for AOS

and when you say overseas travel.. does that mean i WILL be able to travel to canada to USA once we get married? i know i need to apply for permission to travel but i am wondering if Canada to USA will be okay without it. (we are having our wedding in Canada and i am worried i wont be able to come back to USA after with out the approved app)

Thank you

If you were going to get married in Canada, perhaps you guys should have filed for spouse visa afterwards.

Kind of too late for that now...

K1 visa is a one time use entrance visa to US to get married within 90 days...IN US,

and you used it. So at this time, if you leave US, you have no (officially approved) ways to get back in.

I know US and Canada are in friendly terms,

and there may be routes and times where one can cross the border simply by driving through...

But, to play it safe, you should apply for AOS, EAD, and AP asap,

and plan your wedding to be after you get AP.

My wife's EAD/AP was approved in 8 weeks, and a week later we received her EAD/AP card.

So looks like it's taking around little over 2 months to 3 months or so.

But don't lock yourself tightly into a wedding date using this estimate.

You should have some cushion...and/or flexibility to change the wedding date.