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K-1 EAD Question. Thanks in advance.

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K-1 EAD Question. Thanks in advance.

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Old Dec 10th 2001, 9:49 pm
  #1  
Xphobia
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I have a K-1 interview scheduled on 01/03/02 at Vancouver consulate and will enter
the US (Chicago is my final destination) very soon after I obtain the visa.

Can someone please give me an advice in filing for AOS and applying for the EAD so
that I can start working as soon as I enter the US and continue working after I get
married in February?

It seems that the temporary work permit is good only for 90 days and the EAD at
Chicago can take up to 90 days AFTER I file for the AOS and EAD. This means that
unless I get married on the day I enter the US and file for the AOS, there will be a
period of time that I am not legally allowed to work.

Can someone who went through K-1 route and have been working as soon as they entered
the US tell me how you can overcome this 90 day processing time for EAD?

Thanks in advance.
 
Old Dec 11th 2001, 5:18 am
  #2  
Catherine
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My husband and I ran into this problem in Chicago too. We didn't bother with the
temporary EAD since, as you noticed, it is good for 90 days but it takes 90 days to
be issued... not real useful. You can't apply for the EAD in person in Chicago, you
have to mail it in. We sent in our application for the 1-year EAD along with the full
AOS package after our marriage this summer and yes, it did take the full 90 days to
get our appointment for the EAD card (we just got it a few weeks ago). So... as far
as I know, the quickest way to get legally working in Chicago is to get married ASAP,
file for AOS, and then wait 3 months for the 1-year card. Unless you are lucky enough
to get the temporary EAD at your port of entry... you aren't going to get it in
Chicago. At least not according to the processing times we've seen. Of course, the
temporary one is free, so take a shot at it if you want.
- Catherine

p.s. Chicago note - One good thing about getting an appointment for the EAD card in
Chicago is that you can bypass the line out front and then get your one-year,
multiple entry Advance Parole the same day -- I definitely recommend doing that
or you will have to come back another time and wait outside in line, since
Chicago makes you apply for AP in person.

Xphobia <[email protected]>
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Old Dec 11th 2001, 6:04 am
  #3  
Laura Todd
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Xphobia,

I can't answer your EAD question, but I'm really interested to hear about your
interview experience at the Vancouver consulate. I'm waiting for a provisional file
to be opened there...

I'm Canadian, my fiance - American

How long was the wait between your NOA (what service centre did you go through?) and
interview date in Vancouver?

Thanks, and good luck with your interview! Laura

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[usenetquote2]>> I have a K-1 interview scheduled on 01/03/02 at Vancouver consulate and will enter[/usenetquote2]
[usenetquote2]>> the US (Chicago is my final destination) very soon after I obtain the visa.[/usenetquote2]
 
Old Dec 11th 2001, 9:02 am
  #4  
Xphobia
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Here is my timeline so far... August 7, 2001 - I129F sent to NSC August 13, 2001 -
I129F received by NSC September 1, 2001 - NOA #1 October 23, 2001 - NOA #2 (Petition
Approved) November 6, 2001 - NOA #2 arrives at Vancouver consulate general November
9, 2001 - Packet sent by Vancouver consulate received November 12, 2001 - DS230 Part
I faxed to US consulate November 14, 2001 - Medical Exam December 10, 2001 -
Checklist faxed to US consulate (this delay is caused by time it took my fiance to
prepare the Affidavit of Support form and mail it to me) December 11, 2001 -
Interview appointment confirmation letter received January 3, 2001 - Proposed
interview date Hope this helps...

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[usenetquote2]>> Xphobia <[email protected]>[/usenetquote2]
[usenetquote2]>>> I have a K-1 interview scheduled on 01/03/02 at Vancouver consulate and will[/usenetquote2]
[usenetquote2]>>> enter the US (Chicago is my final destination) very soon after I obtain the visa.[/usenetquote2]
    >
 
Old Dec 11th 2001, 9:25 am
  #5  
Laura Todd
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Yes, this helps, thanks. We already have the affidavit ready to go - my fiance's just
waiting for the I-797 to arrive so he can fax the request for a prov file.

One more question - for now - do you *have* to go thru the medical exam before
you can send the checklist back to the consulate for the interview appointment?
thanks, Laura

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[usenetquote2]>> Xphobia,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I can't answer your EAD question, but I'm really interested to hear about your[/usenetquote2]
[usenetquote2]>> interview experience at the Vancouver consulate. I'm waiting for a provisional[/usenetquote2]
[usenetquote2]>> file to be opened there...[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I'm Canadian, my fiance - American[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> How long was the wait between your NOA (what service centre did you go through?)[/usenetquote2]
[usenetquote2]>> and interview date in Vancouver?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Thanks, and good luck with your interview! Laura[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>> Xphobia <[email protected]>[/usenetquote2]
[usenetquote2]>>>> I have a K-1 interview scheduled on 01/03/02 at Vancouver consulate and will[/usenetquote2]
[usenetquote2]>>>> enter the US (Chicago is my final destination) very soon after I obtain the[/usenetquote2]
[usenetquote2]>>>> visa.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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Old Dec 11th 2001, 9:35 pm
  #6  
Alvena Ferreira
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Xphobia wrote:
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You can either take a leave of absence from work, OR, IF the employer is willing,
have them DEFER your earnings until you get the new EAD card, and then pay you after
you get it.

Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Dec 12th 2001, 12:19 am
  #7  
Girlcanada
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You cannot know for sure *IF* you will get the stamp or not. I also drove down from
Canada (Alberta) driving thru Chicago to our destination of PA. Even when I called
the Can/US border POE's, no one would say if they still offered the stamp and
offered no guarantee I would get one and that I was eligible for the temp EAD based
on K-1 status.

I never did check BC/USA crossing because that was backtracking for us, but I
can tell you AB/USA (we crossed here) and MB/USA (friends crossed here) do NOT
issue stamps.

Be prepared you just might not get your EAD stamp after all at the border. Other than
that, the Coutts/Sweetgrass POE was a breeze! All the best!
 

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