please clarify: apply for EAD with i-129f?

[kennedy_rae 0]

i'm so overwhelmed with this info, wanting to work as soon as possible and will be visiting in the US while he files the I-129f... can he file the EAD at the same time?

[YuAndDan 153]

NO, Visitors cannot get EAD.

EAD is a benefit allowed to a NON resident who in in the USA on a visa type that allows for EAD such as a K-Visa.

I-129F is petition for the visa, only after you have the visa and use it to enter the USA will you be able to apply for EAD.

Note: A K-1 should NOT apply for EAD before filing for AOS, this EAD costs $340, can take up to 90 days to get, and expires 90 days after entry to the USA on the K-1, essentially a useless EAD.

K-1 should file for EAD when they file to adjust status, this EAD is valid for 1 year and it's cost is part of AOS.

Edited January 3, 2009 by YuAndDan

[kennedy_rae 0]

NO, Visitors cannot get EAD.

EAD is a benefit allowed to a NON resident who in in the USA on a visa type that allows for EAD such as a K-Visa.

I-129F is petition for the visa, only after you have the visa and use it to enter the USA will you be able to apply for EAD.

Note: A K-1 should NOT apply for EAD before filing for AOS, this EAD costs $340, can take up to 90 days to get, and expires 90 days after entry to the USA on the K-1, essentially a useless EAD.

K-1 should file for EAD when they file to adjust status, this EAD is valid for 1 year and it's cost is part of AOS.

gotcha. So basically there is no legal way for me to work until after the K1 visa is obtained which takes roughly 90 days?

Also, if I am visiting in the US, is it ok to be filing all of this paperwork to obtain the K1 visa... while I am in the US?

[kennedy_rae 0]

NO, Visitors cannot get EAD.

EAD is a benefit allowed to a NON resident who in in the USA on a visa type that allows for EAD such as a K-Visa.

I-129F is petition for the visa, only after you have the visa and use it to enter the USA will you be able to apply for EAD.

Note: A K-1 should NOT apply for EAD before filing for AOS, this EAD costs $340, can take up to 90 days to get, and expires 90 days after entry to the USA on the K-1, essentially a useless EAD.

K-1 should file for EAD when they file to adjust status, this EAD is valid for 1 year and it's cost is part of AOS.

gotcha. So basically there is no legal way for me to work until after the K1 visa is obtained which takes roughly 90 days?

Also, if I am visiting in the US, is it ok to be filing all of this paperwork to obtain the K1 visa... while I am in the US?

Note: I have been working and living in the US under a TN visa, however have been layed off and out of the US for more than 30 days. I do have my name on the title of our home and have a permanent canadian residence, but if i plan to be visiting him while we apply for the k1 which address should we use on the paperwork for the application for me, the fiancee?

[YuAndDan 153]

Note: I have been working and living in the US under a TN visa, however have been layed off and out of the US for more than 30 days. I do have my name on the title of our home and have a permanent canadian residence, but if i plan to be visiting him while we apply for the k1 which address should we use on the paperwork for the application for me, the fiancee?

Since this is for a visa that is being interviewed for in a foreign country it has places for US citizen, and foreign citizen's Home Address.

Part A is US address, and since the US consulate tends to not mail to US addresses Part B address should be foreign addesss where someone can receive packets sent out by the consulate.

[kennedy_rae 0]

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

[Wis-Can 0]

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

NO, your interview takes place in the benficiary's country of residence. Not in the US. Plan on a much longer time to get your petition approved and your K1 Visa issued. It will no doubt take more then 90 days. Good luck.

[YuAndDan 153]

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

A K-1 visa is for ENTRY to the USA, you need to be OUTSIDE the USA to interview for it.

You can file the I-129F while in the USA, but will need to interview in Canada.

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

NO, your interview takes place in the benficiary's country of residence. Not in the US. Plan on a much longer time to get your petition approved and your K1 Visa issued. It will no doubt take more then 90 days. Good luck.

Yes typically upwards to a year.

[jundp 191]

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

You can file the K1 while visiting the US. You must interview for your visa at the embassy in your home country. Also, while it is possible to visit the US while your visa is pending, please note the guides about this issue. It's always good to have proof of ties to your home country when visiting after the K1 is applied for. The CO can turn you away at the border.

[kennedy_rae 0]

I guess what I want to make sure of is if it is ok if we are filing all this paperwork while I am visiting in the US. And if the interviews will be held in the US as well. I just want to make sure we are doing things correctly.

You can file the K1 while visiting the US. You must interview for your visa at the embassy in your home country. Also, while it is possible to visit the US while your visa is pending, please note the guides about this issue. It's always good to have proof of ties to your home country when visiting after the K1 is applied for. The CO can turn you away at the border.

we were planning to wait until I was visiting in the US before we start filing the papers. We own a home together. I just wonder if it's true that it can take up to 6 months to process if i'm better off waiting in Canada

[YuAndDan 153]

we were planning to wait until I was visiting in the US before we start filing the papers. We own a home together. I just wonder if it's true that it can take up to 6 months to process if i'm better off waiting in Canada

You can always visit while k-1 is in process.

And for a better estimate of processing time you may want to look at the timelines.

http://www.visajourney.com/timeline/k1list...da&dfile=No

Showing (260 - 360) days processing.