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working in UK while waiting for EAD

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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

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Filed: AOS (apr) Country: Canada
Timeline

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.


K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Filed: Timeline

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

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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. :)


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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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.


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: IR-1/CR-1 Visa Country: England
Timeline
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.

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