Jed

Hi,

Some people on here have mentioned 'activating your K3' in order to get the
EAD (I-765) processing underway. Is it possible for a K3 visa holder to
enter the US, go through all the Immigration processing at the airport, then
file their I-765 while they're there - then leave the US and wait for it to
be approved (touch wood) while (working!) back in Blighty?

If so, what are the cavaets/potential downfalls to watch out for?

Thanks in advance,

- Jed

tenni

This is exactly what my husband is planning on doing since he still has a job in Germany. Once the K3 s approved, he plans on coming to the US, activating his K3, applying for for AOS and EAD, going back to Germany (to work), and then once the EAD is approved, he can start applying for jobs here.

So I am also curious about any cavaets/potential downfalls to watch out for?

cindyabs

The one thing that you have to do in conjunction with the 765 is wait for it to be received, a NOA sent back to you with the appointment for the fingerprinting done, THEN you could I guess go back to the UK. So that would mean staying in the US a couple of weeks unless you had the means to apply, go back to the UK and then turn right around and come back for the fingerprinting appointment and then go back to the UK again. However if you can afford to do that then you don't really need an EAD, !!!. Since the fingerprinting seems to be an integral part of the EAD, it doesn't make any sense to mail off the application without that being taken care of, otherwise the processing wouldn't be able to continue on it.

lucymoody

I second Cindy's point. You've got to stick around at least a couple of weeks for the fingerprinting.
However, once that is done it is entirely possible to go back to your country to work or (as I did) finish up school.

tenni

ah thanks!!... this is good to know!!

so the process is like this?

- apply EAD (I-765)
- receive noa and fingerprinting appointment
- go to appointment and get fingerprinted
- receive EAD approval

do you get the EAD approval at the appointment?

cindyabs

Don't we wish, !! No dear, you might want to take a look at the MSC EAD rollcall thread. It's currently taking approximately two months for the K3 EADs through Chicago.

tenni

hehe dangit. oh well... then life would be too easy.

cindyabs

Yeah, and then what would we do if this whole process went smoothly? Look at it this way, it's never boring, .

Jed

Thanks Cindy, that answers my question (i.e. that it's not do-able!)

Ta
- Jed


"cindyabs" wrote in message
news:[email protected]...
    > Originally posted by Jed
    > > Hi,
    > >
    > > Some people on here have mentioned 'activating your K3' in order
    > > to get the
    > > EAD (I-765) processing underway. Is it possible for a K3 visa
    > > holder to
    > > enter the US, go through all the Immigration processing at the
    > > airport, then
    > > file their I-765 while they're there - then leave the US and wait
    > > for it to
    > > be approved (touch wood) while (working!) back in Blighty?
    > >
    > > If so, what are the cavaets/potential downfalls to watch out for?
    > >
    > > Thanks in advance,
    > >
    > > - Jed
    > The one thing that you have to do in conjunction with the 765 is wait
    > for it to be received, a NOA sent back to you with the appointment for
    > the fingerprinting done, THEN you could I guess go back to the UK. So
    > that would mean staying in the US a couple of weeks unless you had the
    > means to apply, go back to the UK and then turn right around and come
    > back for the fingerprinting appointment and then go back to the UK
    > again. However if you can afford to do that then you don't really need
    > an EAD, !!!. Since the fingerprinting seems to be an integral part of
    > the EAD, it doesn't make any sense to mail off the application without
    > that being taken care of, otherwise the processing wouldn't be able to
    > continue on it.
    > --
    > Posted via http://britishexpats.com

Nyc/Cnda

cindyabs wrote in message news:...
    > Originally posted by tenni
    >
    > > hehe dangit. oh well... then life would be too easy.
    >
    >
    >
    > Yeah, and then what would we do if this whole process went smoothly?
    > Look at it this way, it's never boring, .

The k3 EAD that you send away to Chicago for, is that a one year EAD?
This is the perfect thread for me too as I am planning on continuing
my job while waiting for the EAD. Good to know that this sounds
'allowable'. I don't want to leave my career in Canada until I have
an equivalent job offer in the US. If you send the I765 to Chicago
for an EAD then can you still file your AOS papers locally? Thanks.
Nina

cindyabs

The MSC EAD thread is the one you want to latch onto here to read the experiences of folks who have just gone through this. I believe the EAD is good for two years for the K3. I also believe (and plan on doing it myself) that you file AOS at your local office.

lucymoody

The EAD is good for two years. And it does not stop you from filing AOS locally - if your local office even allows you to file AOS without an approved I-130, that is.

cindyabs

Good point Lucy. BTW, what did you find out on that score? Can you do that at your local?

jeffreyhy

tenni,

What, specifically, will your husband do to 'activate' his K3 visa?

Regards, JEff

tenni

I *think* he just needs to enter the US and have the immigration officer at customs stamp something on the K3 visa. But that's just my assumption, can anyone verify?