Enter on K-1 Visa - Question about work (EAD/AP)

[Armstrong57 0]

I have been approved for my K-1 Visa and plan to enter the United States from Canada this weekend as we are getting married next week! I am moving from Ontario to Michigan and will only be about 10 minutes from the border. I am currently working in Canada and want to make sure I have everything right:

1. Once I enter with my K-1 Visa I will not be allowed to travel back to Canada until I have been approved for Advance Parole (which I file with the AOS and EAD immediately after getting married).

2. After filing my AOS/EAD/AP I cannot work in the US until the EAD arrives, which could be three months or more (I had read somewhere that proof of a pending EAD is sufficient to allow me to work or collect Canadian Employment Insurance).

3. A pending AOS/AP does not permit me to travel to Canada until the AP is approved and arrives, which could be three months or more (again, is proof of a pending AOS/EAD/AP sufficient enough to allow me to travel across the border?).

4. I am expected to have absolutely no income for three months or more while I wait for everything to be approved?

I am hoping that the information I read (I wish I could recall the source) that mentioned proof of pending AOS/EAD/AP's would allow me to at least collect Employment Insurance or commute to Canada to work. Otherwise I will have no income for three months or more and will be missing Christmas/New Year's with the family.

Rules are rules and they have to be followed, but I am hoping that living in a border city would help my cause and allow the pending notifications to allow me to work or cross the border to work.

If we had known this two years ago it would have been more worthwhile to get married first and live apart while filing for a CR-1 instead! We have been together for two years, engaged for one, and I am not about to abandon the K-1 and wait another year to live with her while waiting for a CR-1!

Any information or experiences with this is greatly appreciated!

FYI: This is at the Sarnia, ON/Port Huron, MI border.

[Bobby+Umit 161]

I have been approved for my K-1 Visa and plan to enter the United States from Canada this weekend as we are getting married next week! I am moving from Ontario to Michigan and will only be about 10 minutes from the border. I am currently working in Canada and want to make sure I have everything right:

1. Once I enter with my K-1 Visa I will not be allowed to travel back to Canada until I have been approved for Advance Parole (which I file with the AOS and EAD immediately after getting married).

True

2. After filing my AOS/EAD/AP I cannot work in the US until the EAD arrives, which could be three months or more (I had read somewhere that proof of a pending EAD is sufficient to allow me to work or collect Canadian Employment Insurance).

True - however, not the second part - you need it in hand - not pending info.

3. A pending AOS/AP does not permit me to travel to Canada until the AP is approved and arrives, which could be three months or more (again, is proof of a pending AOS/EAD/AP sufficient enough to allow me to travel across the border?).

True - you need it in hand. Or a stamp in your passport from USCIS.

4. I am expected to have absolutely no income for three months or more while I wait for everything to be approved?

True - your petitioner is suppose to take care of you till you can work. Or you could of filed for a CR-1 visa - insta-greencard (work) when you enter the US.

I am hoping that the information I read (I wish I could recall the source) that mentioned proof of pending AOS/EAD/AP's would allow me to at least collect Employment Insurance or commute to Canada to work. Otherwise I will have no income for three months or more and will be missing Christmas/New Year's with the family.

That info is incorrect - you need it in hand prior to working. (however, you can look for work, but almost all places will not let you work till your "legal")

Rules are rules and they have to be followed, but I am hoping that living in a border city would help my cause and allow the pending notifications to allow me to work or cross the border to work.

Sorry - the way the rules are set for the K-1 and the AOS process - you can't leave till your allowed. However, you could wait to enter on the K-1 till after the holidays (time permitting on your visa) and then marry/AOS.

If we had known this two years ago it would have been more worthwhile to get married first and live apart while filing for a CR-1 instead! We have been together for two years, engaged for one, and I am not about to abandon the K-1 and wait another year to live with her while waiting for a CR-1!

Yes - this would of been ideal for you...

Any information or experiences with this is greatly appreciated!

FYI: This is at the Sarnia, ON/Port Huron, MI border.

Edited December 1, 2011 by Bobby+Umit

[S and P 9]

I have been approved for my K-1 Visa and plan to enter the United States from Canada this weekend as we are getting married next week! I am moving from Ontario to Michigan and will only be about 10 minutes from the border. I am currently working in Canada and want to make sure I have everything right:

1. Once I enter with my K-1 Visa I will not be allowed to travel back to Canada until I have been approved for Advance Parole (which I file with the AOS and EAD immediately after getting married). Correct

2. After filing my AOS/EAD/AP I cannot work in the US until the EAD arrives, which could be three months or more (I had read somewhere that proof of a pending EAD is sufficient to allow me to work or collect Canadian Employment Insurance). YES, but you will have to wait until you have the actual EAD card in hand to collect EI

3. A pending AOS/AP does not permit me to travel to Canada until the AP is approved and arrives, which could be three months or more (again, is proof of a pending AOS/EAD/AP sufficient enough to allow me to travel across the border?). Correct, and again, you must have the card in hand.

4. I am expected to have absolutely no income for three months or more while I wait for everything to be approved? sucks but true, that's why you need to plan and save ahead of time.

I am hoping that the information I read (I wish I could recall the source) that mentioned proof of pending AOS/EAD/AP's would allow me to at least collect Employment Insurance or commute to Canada to work. Otherwise I will have no income for three months or more and will be missing Christmas/New Year's with the family.

Rules are rules and they have to be followed, but I am hoping that living in a border city would help my cause and allow the pending notifications to allow me to work or cross the border to work. Don't think it matters one bit where you live, like you said, rules are rules.

If we had known this two years ago it would have been more worthwhile to get married first and live apart while filing for a CR-1 instead! We have been together for two years, engaged for one, and I am not about to abandon the K-1 and wait another year to live with her while waiting for a CR-1!

Any information or experiences with this is greatly appreciated!

FYI: This is at the Sarnia, ON/Port Huron, MI border.

Our circumstances meant having to go the K-1 route, and we had to wait a year to be able to prepare and save and save for when my honey came over and wouldn't be able to work, really wish we could have gone the CR-1 route!! Good luck to you!

[hikergirl 277]

If you look at the top of the Canada Forum there is a whole EI thread pinned to the top that will help you out.

Best of luck!