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Nicole&Billy

EAD

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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!

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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.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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

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


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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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

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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 by Chris & Isa

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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!

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Your welcome. :thumbs:

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!

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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.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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