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mari0711

Permit to work question ??? plz

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Hi

one of my friends has her appoinment in february, she is wondering if she needs to apply for permit to work after or before she gets to USA, or if the K3 visa's holders can work immediately after they get here. I have read the guides but it is not specified, if someone with that situation canm answer will be appreciated!

thanks in adavanced.


CONSULATE STAGE:
08-11-2010: USEM received the case.
10-11-2010: Called USEM, need to send ASAP DS-230 and DS-2100
12-11-2010: emailed DS-230 and DS-2100
12-11-2010: Received Interview date
16-11-2010: Medical Tests
17-11-2010: Interview: APPROVED
23-11-2010: Passport received :)

USA
03-12-2010: POE Miami- Washington D.C (DCA).
10-12-2010: Applied for replacement of S.S
17-12-2010: Received S.S card in the mail 7 days after applied for the replacement
20-12-2010: Received Welcome letter in the mail (Receipt date: Dec 14th)17 days after POE
27-12-2010: Green Card Received 24 days after POE

ROC I 751 CSC
06-11-2012: I-751 Package sent Priority Mail
09-11-2012: Package received
15-11-2012: Check cashed
09-11-2012: NOA1
05-12-2012: Biometrics Appointment

N-400 Naturalization

01-21-2015: Express mail the N400application to Nebraska Center.

01-26 -2015: Application delivered at 7am

01-30- 2015: Check cashed

02-05- 2015: NOA

02-14- 2015: Biometrics letter received

02-25- 2015: Fprints taken

02-27- 2015: In line

03-13- 2015: Interview

03-19- 2015: Oath Ceremony!! Citizen at last!!! yaay!!!

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Cannot file an I-765 until after arriving on a K-Visa, I-765 requires a photo-copy of I-94 card showing status in the USA.

If wishing to be able to work upon arrival, why not forget the K-3, and get the I-130 processed through NVC and interview for the IR-1 or CR-1 spouse visa, this will get green-card status the moment they arrive in the USA, allowing work. (This is also less expensive than adjusting status)

If they don't have K-3, then more than likely they wont be getting one, K-3 tends to get killed at NVC when they receive the I-130 and I-129F at same time from USCIS, and USCIS has been tying the two petitions together and approving at same time for more than a year now.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

Edited by YuAndDan

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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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K-3 visa holder is NOT allowed to work, however a K-3 visa holder MAY APPLY for the EAD.

Usually, though, a K-3 visa holder has a higher interest in 'adjusting status', instead,

so

the EAD app (free when filed with the AOS paperwork) is filed concurrently with the AOS paperwork.

Read this? -> Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

then let me know __YOUR__ thoughts and your __FRIENDS__ thoughts? TIA !

--

why the USC Spouse NOT do stuff at NVC? CR-1/IR-1 are superior visas, is no 'time benefit' for the K-3 anymore.


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she has the interview for the k3 already so i dont think it is much to do about it, she is not worry abouut AOS she is worry about the EAD to work here.


CONSULATE STAGE:
08-11-2010: USEM received the case.
10-11-2010: Called USEM, need to send ASAP DS-230 and DS-2100
12-11-2010: emailed DS-230 and DS-2100
12-11-2010: Received Interview date
16-11-2010: Medical Tests
17-11-2010: Interview: APPROVED
23-11-2010: Passport received :)

USA
03-12-2010: POE Miami- Washington D.C (DCA).
10-12-2010: Applied for replacement of S.S
17-12-2010: Received S.S card in the mail 7 days after applied for the replacement
20-12-2010: Received Welcome letter in the mail (Receipt date: Dec 14th)17 days after POE
27-12-2010: Green Card Received 24 days after POE

ROC I 751 CSC
06-11-2012: I-751 Package sent Priority Mail
09-11-2012: Package received
15-11-2012: Check cashed
09-11-2012: NOA1
05-12-2012: Biometrics Appointment

N-400 Naturalization

01-21-2015: Express mail the N400application to Nebraska Center.

01-26 -2015: Application delivered at 7am

01-30- 2015: Check cashed

02-05- 2015: NOA

02-14- 2015: Biometrics letter received

02-25- 2015: Fprints taken

02-27- 2015: In line

03-13- 2015: Interview

03-19- 2015: Oath Ceremony!! Citizen at last!!! yaay!!!

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thanks for your answers!! :)


CONSULATE STAGE:
08-11-2010: USEM received the case.
10-11-2010: Called USEM, need to send ASAP DS-230 and DS-2100
12-11-2010: emailed DS-230 and DS-2100
12-11-2010: Received Interview date
16-11-2010: Medical Tests
17-11-2010: Interview: APPROVED
23-11-2010: Passport received :)

USA
03-12-2010: POE Miami- Washington D.C (DCA).
10-12-2010: Applied for replacement of S.S
17-12-2010: Received S.S card in the mail 7 days after applied for the replacement
20-12-2010: Received Welcome letter in the mail (Receipt date: Dec 14th)17 days after POE
27-12-2010: Green Card Received 24 days after POE

ROC I 751 CSC
06-11-2012: I-751 Package sent Priority Mail
09-11-2012: Package received
15-11-2012: Check cashed
09-11-2012: NOA1
05-12-2012: Biometrics Appointment

N-400 Naturalization

01-21-2015: Express mail the N400application to Nebraska Center.

01-26 -2015: Application delivered at 7am

01-30- 2015: Check cashed

02-05- 2015: NOA

02-14- 2015: Biometrics letter received

02-25- 2015: Fprints taken

02-27- 2015: In line

03-13- 2015: Interview

03-19- 2015: Oath Ceremony!! Citizen at last!!! yaay!!!

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she has the interview for the k3 already so i dont think it is much to do about it, she is not worry abouut AOS she is worry about the EAD to work here.

Then she can apply for EAD as soon as she arrives. Caution though. We get a lot of people who THINK they are interviewing for the K3 visa when they are really interviewing for CR1. It's because they equate K3 with spouse, as if it is the only spouse visa. It would be highly unusual to be interviewing for a K3 visa in 2011 but remotely possible. If it's a CR1, she'll be authorized to work upon arrival. If they paid any fees at the NVC stage of the process, it's a CR1, not K3.


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Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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