Nyc/Cnda

Hi group,
I was wondering, are you allowed to continue working in your home
country while you are waiting for an EAD in the U.S? I am waiting for
my K3 interview date and I was thinking after getting the k3 visa I
would go to NY and apply for my EAD and then come back to Canada and
continue working here until it gets approved. Anyone do this or have
any experience with it? I was reading some of the posts about couples
having money problems and feeling stressed about one person having to
wait for their EAD. We wouldn't have money problems but my career is
important to me and I think I would go stircrazy waiting for an EAD
for 3 months! Any suggestions? By the way, this NG is fantastic! It
makes me realize I am not alone in this experience and that there are
great people 'out there' always willing to lend a helping hand.
Nina

Rete

The K-3 allows you to leave and re-enter the US freely during the K-3 valdity period without having to obtain advance parole. With that in mind, I don't see that it would be a problem as I don't know of any regulation that says you have to remain inside of the US once the K-3 is activated. Would you be going back and forth daily or coming back to the US on weekends? Bear in mind, I am not an attorney and this is my personal take on it.

Rete

Elenfair

I have a question along similar lines: I will be a K1, working for 3 months as per the K1 "package", but then waiting for the EAD/AOS and all that jazz.

I have contract work through canadian firms - could I continue working for them (money being deposited in my canadian account) since I work from home?

Nyc/Cnda

Elenfair wrote in message news:...
    > I have a question along similar lines: I will be a K1, working for 3
    > months as per the K1 "package", but then waiting for the EAD/AOS and all
    > that jazz.
    >
    > I have contract work through canadian firms - could I continue working
    > for them (money being deposited in my canadian account) since I work
    > from home?

Hi Rete,
I would be staying in Canada, while my husband would be in NY. I
would not be flying back every weekend, maybe once a month at the
most. And I am thinking about doing this until I get a job offer in
NY. I am a teacher and our timing for the k3 has really turned
everything upside down because I probably will get it at the end of
August, so there is no way I can start teaching a new class in NY in
September. So I don't know what to do. Do you think I can just stay
here and work until I get a job offer in NYC? Would I have to be
returning to the US on a regular basis? Maybe I should consult with an
attorney? Thanks again.
Nina

Michael D. Young

Rete wrote:

    > The K-3 allows you to leave and re-enter the US freely during the K-3
    > valdity period without having to obtain advance parole. With that in
    > mind, I don't see that it would be a problem as I don't know of any
    > regulation that says you have to remain inside of the US once the K-3 is
    > activated. Would you be going back and forth daily or coming back to
    > the US on weekends? Bear in mind, I am not an attorney and this is my
    > personal take on it.

http://frwebgate.access.gpo.gov/cgi-...cid=fr14au01-1

C. Admission

Aliens appearing at U.S. Ports-of-Entry (POE) with a valid nonimmigrant
K-3 visa will be inspected, and, if admissible, will be admitted into the
United States for a period of 2 years. Similarly, an alien appearing at a
POE with a valid nonimmigrant K-4 visa will be admitted for a period of 2
years or until the day before the alien's 21st birthday, whichever is
shorter. 8 CFR 212.1(h) will be amended to include spouses of U.S. citizens
under the K provision requiring visa documentation as a condition of
admission. Also, 8 CFR 214.2(k)(8) is added, which includes the admission
periods.

C. Extension of Status

Following the 2-year admission period, a K-3 and K-4 nonimmigrant may
apply with the Service for an extension of stay using Form I-539,
Application for Extension of Stay, in 2-year increments. Since the Service
believes that the purpose of the K-3 and K-4 nonimmigrant classifications is
to provide family reunification while the immigration process is ongoing,
the Service will require an alien seeking an extension of stay to have filed
a Form I-485 or an application for an immigrant visa. If Form I-485 or
application for an immigrant visa has not been filed, the alien must be
still awaiting approval of the pending Form I-130, in order to be eligible
for an extension of stay, or be able to provide the Service with ``good
cause'' as required by the new 8 CFR 214.2(k)(10)(ii) added by this
regulation. In addition, the alien must continue to be married to the U.S.
citizen spouse who petitioned for the alien's K status.

III. Maintaining K-3/K-4 Nonimmigrant Status

K-3/K-4 nonimmigrant aliens are authorized to remain in the United
States for the period of time specified on their Form I-94. Specific issues
arising during this admission period are discussed in the following
paragraphs.

B. Travel Outside of the U.S. While in K-3/K-4 Status

Aliens present in the United States in a K-3/K-4 nonimmigrant
classification may travel outside of the United States and return using
their nonimmigrant K-3/K-4 visa, even if they have filed for adjustment of
status in the United States prior to departure. The Service recognizes that
although the K-3/K-4 status is a nonimmigrant classification, aliens
entering with this status have an intent to stay in the United States
permanently. The definition of a K-3/K-4 nonimmigrant alien does not require
that such an alien have a foreign residence that he or she has no intent of
abandoning. Such aliens are married to a U.S. citizen and are coming to the
U.S. to live with their spouse. Accordingly, the Service will not presume
that departure constitutes abandonment of an adjustment application that has
been filed.

This rule is different for a K-3/K-4 nonimmigrant than for fiances and
their children (K-1/K-2). The Service notes that applicants for adjustment
of status who entered as a K-1 or K-2 nonimmigrant, and who later filed to
adjust status, will continue to be required to obtain advance parole to
avoid abandonment of their adjustment application upon departure, as
provided in 8 CFR 245.2(a)(4). This is the case because K-1/K-2 aliens have
only a 90-day period of admission prior to
being required to marry the citizen petitioner and file for an adjustment
application. Unlike those in K-3/K-4 status, K-1/K-2 aliens will have no
status or visa to fall back on following the filing of their adjustment
application.

Rete

You want to teach in the NYC schools? Are you nuts? Has the cold weather of Canada warped your brain? I know the city is in dire need of teachers as they are retiring left, right and center. And even if you got EAD approval in October you won't have a problem with getting a teaching job in NYC or even Long Island or Westchester County. My hubby, also a Canuck, works as a computer tech for a school system in upper Westchester County. He counts several Canadian teachers as co-workers. One just got his US Citizenship and has accepted a position as principal in Scarsdale, NY.

NYC inner public schools are not places most people want to work. The crime rate notwithstanding, the students are under educated, for the most part parents are not involved in schooling their children at home and those parents that try to make a difference in their children's school lives are met with opposition from the board of ed. I urge you to do some research into the condition of our public school system here in NYC and the changes that our billionaire businessman, not very politically oriented, mayor have made in the system.

Rete

Nyc/Cnda

Rete wrote in message news:...
    > You want to teach in the NYC schools? Are you nuts? Has the cold
    > weather of Canada warped your brain? I know the city is in dire need of
    > teachers as they are retiring left, right and center. And even if you
    > got EAD approval in October you won't have a problem with getting a
    > teaching job in NYC or even Long Island or Westchester County. My
    > hubby, also a Canuck, works as a computer tech for a school system in
    > upper Westchester County. He counts several Canadian teachers as
    > co-workers. One just got his US Citizenship and has accepted a position
    > as principal in Scarsdale, NY.
    >
    > NYC inner public schools are not places most people want to work. The
    > crime rate notwithstanding, the students are under educated, for the
    > most part parents are not involved in schooling their children at home
    > and those parents that try to make a difference in their children's
    > school lives are met with opposition from the board of ed. I urge you
    > to do some research into the condition of our public school system here
    > in NYC and the changes that our billionaire businessman, not very
    > politically oriented, mayor have made in the system.
    >
    > Rete
    >
    >
    > Originally posted by Nyc/Cnda
    > >
    > > Hi Rete,
    > > I would be staying in Canada, while my husband would be in NY. I
    > > would not be flying back every weekend, maybe once a month at the
    > > most. And I am thinking about doing this until I get a job offer in
    > > NY. I am a teacher and our timing for the k3 has really turned
    > > everything upside down because I probably will get it at the end of
    > > August, so there is no way I can start teaching a new class in NY in
    > > September. So I don't know what to do. Do you think I can just stay
    > > here and work until I get a job offer in NYC? Would I have to be
    > > returning to the US on a regular basis? Maybe I should consult with an
    > > attorney? Thanks again.
    > Nina

Hi Rete,
Thanks for the info. Once again I am amazed by the thoughtfulness and
kindness towards strangers in this NG. Thanks for the advice, I
shouldn't have said teach in NYC. I agree with what you have said and
no the cold weather has not warped my brain that much!!! I already
teach in a high needs school in Canada, but I know it is nothing
compared to NYC. I meant either a job in Long Island or an
independent school in Manhattan. My concern is more with finding a
placement after the school year has started. We are going to be living
in Long Island but my husband's business is in Manhattan. I really do
want to leave as soon as I get my k3 visa but my husband has pointed
out that (knowing me) I would go crazy staying at home after leading
such a busy life as a teacher and he is concerned about me not finding
a job until the following September. I on the other hand am also
concerned but not to the same degree. But I also don't want to rush
over there only to have to wait another 3 months for EAD. Can you
tell me please, once you got your k3 how much time did you have to
activate it? 6 months? Maybe I will stay here and teach and then
activate it in time to apply for an EAD and apply for job openings for
the following year. You have given me some hope though of finding a
position midyear. I was also thinking about substitute teaching for
awhile until I find a school I would like to work in. Do you know
where I can find the answer to my original question about working in
Canada even after applying for EAD in the US? Then I can just work
here until I get a position over there.