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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi Members,

 

I am trying to learn more about the entire process, after K1 visa approval.

 

I understand one can apply for AOS, EAD, AP after marriage in USA within 90 days of arrival as per K1 requirements.

 

Would like to know following specific questions:

  1. Can one work in USA while waiting for AOS and pending EAD (in-process)? Is that even possible or does one has to obtain EAD approval before doing so.
  2. Are online freelancing jobs allowed to be done while waiting for EAD approval ?
  3. Is there a way to expedite EAD processing?
  4. Is travel outside USA allowed in any condition while waiting for AOS. Does just having applied for AP (advance parole) allow one to leave USA?
  5. The processing time for I-131 for AP is too long. Does AOS happens before AP,  if so what is the purpose of applying for AP ?

 

Kindly assist with the above queries.

 

Thanks.

 

Posted

1. No, you cannot work until you get EAD

2. I'm pretty sure any type of work is still work, so no

3. Not sure, but if so I imagine  it would have to be for a REALLY good reason or everyone would do it

4. If you leave before you have AP (approved not  just applied) you will abandon your AOS and will have to start a new greencard application (other than AOS this time because you'd no longer be in the country)

5. AOS can happen before AP, but most times takes longer. AP and EAD allow you to work and travel. If you file them with your AOS application they are free so there's nothing lost if you end up getting approved for AOS first.

Filed: K-1 Visa Country: Canada
Timeline
Posted
5 minutes ago, Unlockable said:

 

If working and traveling is important to you then the K1 visa is not the way to go. 

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

Filed: Country: Vietnam (no flag)
Timeline
Posted
57 minutes ago, Nishris said:

Hi Members,

 

I am trying to learn more about the entire process, after K1 visa approval.

 

I understand one can apply for AOS, EAD, AP after marriage in USA within 90 days of arrival as per K1 requirements.

 

Would like to know following specific questions:

  1. Can one work in USA while waiting for AOS and pending EAD (in-process)? Is that even possible or does one has to obtain EAD approval before doing so.
  2. Are online freelancing jobs allowed to be done while waiting for EAD approval ?
  3. Is there a way to expedite EAD processing?
  4. Is travel outside USA allowed in any condition while waiting for AOS. Does just having applied for AP (advance parole) allow one to leave USA?
  5. The processing time for I-131 for AP is too long. Does AOS happens before AP,  if so what is the purpose of applying for AP ?

 

Kindly assist with the above queries.

 

Thanks.

 

1.  No.  You will have to wait for an EAD to legally work.  The current wait is 6-8 months for an EAD.

2.  No.  You are not authorized to work in the US until you get an EAD.  You can not have any job until you get an EAD.

3.  You can request an expedite if you have a written job offer.  

4.  You can leave anytime you want.  If you leave without AP in hand, you will automatically be abandoning your AOS and you will not be allowed back in the US.  You need AP in your hands when you leave the US in order to be allowed to return to the US to continue your AOS.  The current wait for AP is 6-8 months.

5.  AP is part of the AOS process.  AOS is a very long process and you will want AP during this process if you plan on leaving the US.  You can file for AP at anytime you're in AOS.  AP becomes irrelevant after you get your green card.  The purpose of AP is the ability to leave the US and return without abandoning your AOS.  

Filed: K-1 Visa Country: Canada
Timeline
Posted
2 hours ago, aaron2020 said:

1.  No.  You will have to wait for an EAD to legally work.  The current wait is 6-8 months for an EAD.

3.  You can request an expedite if you have a written job offer.  

4.  You can leave anytime you want.  If you leave without AP in hand, The current wait for AP is 6-8 months.

I am checking Processing Times (uscis.gov), this is what I see for California Service Center (CSC):

I-765 for EAD - 4 Months to 9 Months

I-131 for Advance Parole - 21.5 Months to 28 Months

I-485 for AOS - 12 Months to 31.5 Months

Is this the right place to look for processing timelines, these suggest a very long waiting period, am I missing something.

 

So EAD/AP can be part of AOS application, and can be submitted separate later from AOS application, is that the case?

 

Moreover regarding the job offer you mentioned, does it mean I can still look for job/give interview once in USA and use offer letter to expedite. Is there provision to work if a person already holds a TN visa, just wanted to know what other visas allows one to work asap.

Posted
17 hours ago, Nishris said:

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

Nothing about migration is speedy... I’ve been at it 3 years this year and still no closer than when we first started... the file does move, just very very very slowly all you can do is be patient, good things come to those who wait 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Posted
6 hours ago, Noname93 said:

AP does not take that long for someone applying for AOS. It has a similar waiting time to EAD give or take a month or two.

I’ve been waiting 9 months for AP/EAD and still haven’t received it. timelines are crazy slow and getting worse thanks to covid and system glitches 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Posted
17 hours ago, Nishris said:

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

Even pre-pandemic, the K-1 was never the way to go if work and the ability to leave the US and return was of concern.  It was already at least a six month wait.

 

You would be better off with a CR-1.

 
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