working in UK while waiting for EAD

[adastra 0]

I have a question about the K-3 visa and making the EAD application. I am a USC and my husband is British. We've been living in the UK together for a couple of years and now we are looking to move to the US together so I can go to graduate school. The K-3/EAD option seems best, but we don't want to get into too much debt while he's in the US and not working. Is there any reason why we can't get the K-3 for him, have him come over to the US for a week and apply for the EAD and then he'll return to the UK and continue to work while we wait for the EAD to be processed? He would then come to the US once the EAD is approved. The non-K3 alternatives just seem too risky (ie we might be separated for a very lengthy period of time).

Any information would be much appreciated.

Thanks!

Laura

[misa 2]

I know at least one person here who has done the exact same thing (EAD hasn't been approved yet, it's only been a month since filing). I don't think there's any issue with it since K3 is multiple entry. From what I can tell, there's nothing fraudulent about it. Someone correct me if I'm wrong.

[Yodrak 7]

Laura,

Don't forget that he'll have to make an appearance at a USCIS ACS for photo and fingerprint sometime between submiting the I-765 and approval of it. That won't happen within a week of application, more likely a month or 3 after.

Yodrak

.... Is there any reason why we can't get the K-3 for him, have him come over to the US for a week and apply for the EAD and then he'll return to the UK and continue to work while we wait for the EAD to be processed? He would then come to the US once the EAD is approved. .....

Any information would be much appreciated.

Thanks!

Laura

[MargotDarko 0]

How long have you been in the UK and what type of UK visa do you have? It seems very likely you're able to file at the USCIS London office, which is a fairly fast process and doesn't require the K3 at all. So you'd save a ton of money and time. The technical requirement is that the USC have Indefinite Leave to Remain, but it seems like as long as you've been living in the UK for 11 months or more a resident type visa (as opposed to a vistor's visa), then they will process it for you.

For example, I entered the UK in July 2005 on a student visa. I married my British hubby last October and now have Limited Leave to Remain. I filed my I-130 with the London USCIS office in February and they're currently processing it for me. I can reasonably expect the whole process to take about six months for my husband to get an immigrant visa, which is better than the K3 visa.

Feel free to ask me questions about it, and also check out the forum at www.diveintoamerica.com.

[MargotDarko 0]

I have just seen your post about London saying they won't take your I-130. Who did you talk to? What type of UK visas have you had and currently have? Have you actually attempted to file with the London USCIS? I think that's still your best bet. Here's a page about it -

http://london.usembassy.gov/dhs/uscis/i130filing.html

As I said in my other comment, although the technical rule is that the USC has to have ILR, the office seems to accept petitions from those in the UK for 11 months or more.

Also, if you file with a US service center, you have to use a US address and rely on someone to mail things back and forth for you.

When I filed, I included a cover letter explaning how long I had been living in the UK, a list of the documents I was including, and a request that they return the package to me instead of forwarding it to the US if they weren't able to accept it. That way I would have had a chance to change the address to my parents' US address and include check payment instead of credit card payment.

[john_and_marlene 162]

Why even file for the K3? Just wait for the immigrant visa and he will be work authorized immediately upon arrival in the US. This would even save the expense of the trip to enter and apply for the EAD. It also saves the expense of filing for the K3. There's no point in doing the K3. The purpose of the K3 is to have him join you in the US sooner than the immigrant visa, but the plan here is for him to continue working in the UK. The immigrant visa is exactly the right solution without the K3 for you.

[Tim and Bethanie 1]

Why even file for the K3? Just wait for the immigrant visa and he will be work authorized immediately upon arrival in the US. This would even save the expense of the trip to enter and apply for the EAD. It also saves the expense of filing for the K3. There's no point in doing the K3. The purpose of the K3 is to have him join you in the US sooner than the immigrant visa, but the plan here is for him to continue working in the UK. The immigrant visa is exactly the right solution without the K3 for you.

I agree, why not file for the Cr-1/Ir-1 whichever applies, thats if you aren't eligible for DCF. K-3 is more for getting your spouse to the U.S quicker, but we are only talking an additional month or two for the CR/IR1. Since you are already living together and plan to stay that way the K-3 is really pointless imho.