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CanadianYinzer

Working while waiting for AOS and Employment Authorization?

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I'm not sure if this is the right forum to ask this, I apologize if it is not.

I'm sending in our K1 packet tomorrow. Once we're through that process and married, can my husband go back to Canada to work at his current job while the Adjustment of Status and employment authorization are processing? Or does he have to stay in the States as "unemployed"? He wants to keep working until he can start looking for a job legally in the States.

Thanks,

Shelley


AOS from K1 JOURNEY

10/13/2015 - Applied for Social Security Card
10/31/2015 - Wedding

11/09/2015 - AOS Package Mailed
11/12/2015 - AOS Package Delivered

11/13/2015 - Fingerprint fee for I-485 received

11/14/2015 - Social Security Card received in mail

11/16/2015 - Received 3 NOA text/emails at 11:25pm

11/21/2015 - Received 3 NOA in the mail (receipts dated 11/12/15)

11/27/2015 - Received Biometrics NOA in the mail

12/10/2015 - Biometrics appointment at 9:00am

01/26/2016 - Put in a service request online for EAD (75 days)

01/28/2016 - "assigned to an officer for response"

01/29/2016 - "your inquiry was completed"

02/01/2016 - I-765 & I-131 Approved (received text & email 02/02/16)

02/05/2016 - USCIS status change - EAD mailed w/tracking # (text & email)

02/08/2016 - USCIS status change - "On 02/04/2016, we mailed your new card" for EAD (text & email)

02/08/2016 - Received EAD/AP combo card in the mail (no status updates about AP except "approved")

03/16/2016 - Status changed for I-485 "Name was Updated" (received text & email 03/17/16 9:30am EST) (Never submitted a name change)

04/15/2016 - Called USCIS & Put in a Service Request online regarding "Name was Updated" status

04/15/2016 - Received email "On March 16, 2016 your Form I-485, Application to Register Permanent Residence was approved.We have reviewed our electronic records and found that your Permanent Resident Card (PRC) is already in production." (NO INTERVIEW)

05/05/2016 - Another online service request asking status of PRC

05/18/2016 - Received email saying file was in Sacramento, not Pittsburgh, and it was not approved yet. WHAT?!?!

05/20/2016 - Status changed online to "On May 16, 2016, we ordered your new card"

05/23/2016 - USCIS status change - "On 05/23/2016, we mailed your new card" (text & email)

05/24/2016 - USCIS status change - "On 05/24/2016, USPS picked up your new card" w/ tracking info (text & email)

05/26/2016 - Received card in mail

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I do not think that he can go back to Canada after you guys have gotten married in the United States. That was a question I had before as well and upon some research I had found: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-23.html

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From the USCIS website: Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.


ROC:

04/26/17:  Sent ROC package

04/27/17:  Package received

05/20/17:  Biometrics letter received

06/02/17:  Biometrics

08/22/18:  Card being produced

 

AOS from F1 visa:

08/16/14: Sent AOS package: I-130, I-485, I-765, I-131

08/19/14: Package received at Chicago Lockbox

08/22/14: Acceptance confirmation text messages/emails

08/22/14: Checks cashed

08/26/14: Hard copies of NOA's received in mail

08/27/14: Biometrics appointment notice received. Scheduled for 9/8/14.

09/08/14: Biometrics

11/14/14: File service request (Day 88)

11/24/14: EAD/AP approved (Day 98)

12/01/14: EAD mailed

12/03/14: EAD received

03/12/15: Status changed to Testing & Interview

04/16/15: Interview, no decision

07/17/15: "Your card is in production" email!

08/07/15: Card mailed

08/10/15: Card received!

~11 months, 3 weeks & 4 days from filing to green card in hand, no RFE's~

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Thank you! I looked on the USCIS site and didn't see that. So much to get together, so many questions. It's making me a little scatterbrained.

Thanks again!


AOS from K1 JOURNEY

10/13/2015 - Applied for Social Security Card
10/31/2015 - Wedding

11/09/2015 - AOS Package Mailed
11/12/2015 - AOS Package Delivered

11/13/2015 - Fingerprint fee for I-485 received

11/14/2015 - Social Security Card received in mail

11/16/2015 - Received 3 NOA text/emails at 11:25pm

11/21/2015 - Received 3 NOA in the mail (receipts dated 11/12/15)

11/27/2015 - Received Biometrics NOA in the mail

12/10/2015 - Biometrics appointment at 9:00am

01/26/2016 - Put in a service request online for EAD (75 days)

01/28/2016 - "assigned to an officer for response"

01/29/2016 - "your inquiry was completed"

02/01/2016 - I-765 & I-131 Approved (received text & email 02/02/16)

02/05/2016 - USCIS status change - EAD mailed w/tracking # (text & email)

02/08/2016 - USCIS status change - "On 02/04/2016, we mailed your new card" for EAD (text & email)

02/08/2016 - Received EAD/AP combo card in the mail (no status updates about AP except "approved")

03/16/2016 - Status changed for I-485 "Name was Updated" (received text & email 03/17/16 9:30am EST) (Never submitted a name change)

04/15/2016 - Called USCIS & Put in a Service Request online regarding "Name was Updated" status

04/15/2016 - Received email "On March 16, 2016 your Form I-485, Application to Register Permanent Residence was approved.We have reviewed our electronic records and found that your Permanent Resident Card (PRC) is already in production." (NO INTERVIEW)

05/05/2016 - Another online service request asking status of PRC

05/18/2016 - Received email saying file was in Sacramento, not Pittsburgh, and it was not approved yet. WHAT?!?!

05/20/2016 - Status changed online to "On May 16, 2016, we ordered your new card"

05/23/2016 - USCIS status change - "On 05/23/2016, we mailed your new card" (text & email)

05/24/2016 - USCIS status change - "On 05/24/2016, USPS picked up your new card" w/ tracking info (text & email)

05/26/2016 - Received card in mail

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You're welcome!

It is stated on here: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel.

It is also stated several times in the instructions for the application for travel document, the I-131: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

Edited by Pickle

ROC:

04/26/17:  Sent ROC package

04/27/17:  Package received

05/20/17:  Biometrics letter received

06/02/17:  Biometrics

08/22/18:  Card being produced

 

AOS from F1 visa:

08/16/14: Sent AOS package: I-130, I-485, I-765, I-131

08/19/14: Package received at Chicago Lockbox

08/22/14: Acceptance confirmation text messages/emails

08/22/14: Checks cashed

08/26/14: Hard copies of NOA's received in mail

08/27/14: Biometrics appointment notice received. Scheduled for 9/8/14.

09/08/14: Biometrics

11/14/14: File service request (Day 88)

11/24/14: EAD/AP approved (Day 98)

12/01/14: EAD mailed

12/03/14: EAD received

03/12/15: Status changed to Testing & Interview

04/16/15: Interview, no decision

07/17/15: "Your card is in production" email!

08/07/15: Card mailed

08/10/15: Card received!

~11 months, 3 weeks & 4 days from filing to green card in hand, no RFE's~

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-

Edited by Pickle

ROC:

04/26/17:  Sent ROC package

04/27/17:  Package received

05/20/17:  Biometrics letter received

06/02/17:  Biometrics

08/22/18:  Card being produced

 

AOS from F1 visa:

08/16/14: Sent AOS package: I-130, I-485, I-765, I-131

08/19/14: Package received at Chicago Lockbox

08/22/14: Acceptance confirmation text messages/emails

08/22/14: Checks cashed

08/26/14: Hard copies of NOA's received in mail

08/27/14: Biometrics appointment notice received. Scheduled for 9/8/14.

09/08/14: Biometrics

11/14/14: File service request (Day 88)

11/24/14: EAD/AP approved (Day 98)

12/01/14: EAD mailed

12/03/14: EAD received

03/12/15: Status changed to Testing & Interview

04/16/15: Interview, no decision

07/17/15: "Your card is in production" email!

08/07/15: Card mailed

08/10/15: Card received!

~11 months, 3 weeks & 4 days from filing to green card in hand, no RFE's~

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If your fiancé doesn't want to wait to work, it might be better to marry now and pursue a spouse VISA instead; he'd be able to work immediately on arrival in the United States.

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It's a bit of a wash. Assuming the normal post-marriage filing process is followed, he'll have the ability to head back to Canada at the SAME TIME he gets the ability to work in the US. Usually takes 2-3 months after the paperwork is sent. Unless he can work remotely for his job in Canada, there's not much he can do until then.

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~Moved from Fam.-based AOS to Working and Traveling During US immigration Forum~

~Inquiry about EAD~


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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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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