EAD for Canadian Citizen married to an American Citizen

[absolut1 2]

I am an American citizen that will be married to a Canadian passport holder. Im curious, after getting a marriage certificate and applying for an EAD, assuming everything is filed properly, how long would it currently take?
Also as Canadians can enter the states easily, while waiting for an EAD can the Canadian travel outside of USA?

[geowrian 22,335]

Are you currently within the US?

EAD is currently taking ~4-6 months.

If you exit the US after filing for AOS and before you receive Advance Parole (AP, I-131), your AOS + EAD + AP applications will be deemed abandoned and you will need to complete processing for a visa abroad.

[TNJ17 1,329]

Are you applying for AOS? EAD only allows him to work. Not travel outside US. He needs to apply for AP and he MUST wait until he receives the card in the mail to travel or he won’t be allowed back in. It doesn’t matter that he’s a Canadian citizen. Gotta wait out the process. Did he come in on a fiancé visa? Current times for EAD and AP are 5-8 months and AOS is over 12 months. 

[Jojo92122 1,924]

Is the Canadian currently in the US or Canada?

 

Once AOS is started, the Canadian would need AP to be able to leave and return to the US.  The current wait is 4-6 months for the EAD/AP card.

How much research have you done on visas and AOS?

[absolut1 2]

3 minutes ago, geowrian said:

Are you currently within the US?

EAD is currently taking ~4-6 months.

If you exit the US after filing for AOS and before you receive Advance Parole (AP, I-131), your AOS + EAD + AP applications will be deemed abandoned and you will need to complete processing for a visa abroad.

Hi guys, this is just preliminary research. I will most likely get a lawyer for this but wanted to get some quick timeline bits addressed. and thank you for replying!

Once we start the AOS process we submit for EAD/AP card, which is now 4-6 months, even for Canadians correct?

during this time we have to stay put in the USA? she cant go back to canada? even driving through the border?

I know canadians at the borders get treated a bit differently with their passports, but was wondering if while AOS is taking place thats not the case...

 

Thanks again.

 

 

[absolut1 2]

2 minutes ago, Jojo92122 said:

Is the Canadian currently in the US or Canada?

 

Once AOS is started, the Canadian would need AP to be able to leave and return to the US.  The current wait is 4-6 months for the EAD/AP card.

How much research have you done on visas and AOS?

my partner is currently in the USA but we will most likely travel outside and re-enter and then get the marriage docs sorted.

@geowrian you will need to complete processing for a visa abroad.. what does this mean? 

[geowrian 22,335]

1 minute ago, absolut1 said:

Once we start the AOS process we submit for EAD/AP card, which is now 4-6 months, even for Canadians correct?

Correct. nationality has little to no impact on this.

 

1 minute ago, absolut1 said:

during this time we have to stay put in the USA? she cant go back to canada? even driving through the border?

Correct, unless they want to abandon the AOS/EAD/AP applications and go for an immigrant visa visa abroad.

 

1 minute ago, absolut1 said:

I know canadians at the borders get treated a bit differently with their passports, but was wondering if while AOS is taking place thats not the case...

No impact whatsoever.

[geowrian 22,335]

2 minutes ago, absolut1 said:

my partner is currently in the USA but we will most likely travel outside and re-enter and then get the marriage docs sorted.

This would be fraud. You cannot enter the US with intent to AOS. If you want to do it, you need to do it while in the US. You cannot leave and return to do AOS.

Edit: This may sound harsh, but this immigration policy differs from Canada where such actions are permitted.

 

Quote

@geowrian you will need to complete processing for a visa abroad.. what does this mean? 

It means you would need to interview for an immigrant visa in Montreal instead of completing the green card process via AOS within the US.

Edited August 17, 2018 by geowrian

[absolut1 2]

ok so basically when we file AOS we gotta stay put stateside for 4-6 months until she gets AP/EAD.. correct?

[absolut1 2]

Just now, geowrian said:

It means you would need to interview for an immigrant visa in Montreal instead of completing the green card process via AOS within the US.

timeline for this? forever?

[geowrian 22,335]

1 minute ago, absolut1 said:

ok so basically when we file AOS we gotta stay put stateside for 4-6 months until she gets AP/EAD.. correct?

Yup

Just now, absolut1 said:

timeline for this? forever?

The CR-1/IR-1 visa process is about 12-16 months currently. Some have gotten lucky with about 10-12 months from Canada, but I would not go into the process expecting this to be the case.

You can visit during the petition/visa process.

[absolut1 2]

 

Just now, geowrian said:

Yup

The CR-1/IR-1 visa process is about 12-16 months currently. Some have gotten lucky with about 10-12 months from Canada, but I would not go into the process expecting this to be the case.

You can visit during the petition/visa process.

thank you @geowrian you wouldnt happen to have a link to the current waiting times for the EAD/AP would you?

[geowrian 22,335]

Just now, absolut1 said:

thank you @geowrian you wouldnt happen to have a link to the current waiting times for the EAD/AP would you?

Official: https://egov.uscis.gov/cris/processingTimesDisplay.do

VJ EAD: http://www.visajourney.com/timeline/eadstats.php?cfl=

VJ AP: http://www.visajourney.com/timeline/apstats.php?cfl=

[mushroomspore 3,043]

 

 

10 minutes ago, absolut1 said:

Hi guys, this is just preliminary research. I will most likely get a lawyer for this but wanted to get some quick timeline bits addressed. and thank you for replying!

Once we start the AOS process we submit for EAD/AP card, which is now 4-6 months, even for Canadians correct?

during this time we have to stay put in the USA? she cant go back to canada? even driving through the border?

I know canadians at the borders get treated a bit differently with their passports, but was wondering if while AOS is taking place thats not the case...

 

Thanks again.

 

 

Honestly, this website has guides for all the visa processes as well as for adjustment of status. Whichever path you guys choose, just read the guides and follow them. A lawyer is a waste of time and money, in my opinion. Lots of us have filed by ourselves. I'm Canadian as well and so far, no bumps in our AoS except for long wait times (which is the norm). Immigration lawyers are really only necessary if your case is complicated (past deportation orders, long overstay, visa violations, intense criminal history etc).

[absolut1 2]

you guys are awesome and very helpful!! thank you for providing this info so fast!! especially you @geowrian