Susie

I have found TONS of info on K-1 and EAD etc.... but can anyone give me an answer as to whether or not I can work immediately when I enter the US on my K-3??

Does the I-551 stamp count as my temp work permit until I receive my EAD? or if I get a temp EAD at point of entry, can I use that until I get my 1 yr EAD (approx 90 days after applying)?

Anyone have any actual K-3 experience recently regarding this?

Thanks!

Rete

No I believe you cannot. You need to apply for an EAD and when you receive that you need to apply for a social security number/card. Without both you have no authorization to work. The K-3 is no like the K-1 which has an inferred right to work for 90 days of the K-1 validity.

You are not eligible for an I-551 stamp in your passport as you are not entering the US with an approved I-130 but with a K-3. The I-551 is the paper equivalent of a green card and comes only after adjustment of status. Since you will be entering the US with a K-3 visa, you still have to apply at the local INS Office for your adjustment via form I-485.

Susie

Thank you Rete!

Thats exactly what I needed to know. Straightforward, no mumbo jumbo, thank you thank you thank you!!

Now I just have to straighten out the fact that NVC sent my approval notice to the wrong consulate... I'll be faxing that today!

Thanks again!

Susie

cbernard

There's more than one route as I have learned-- so far I have discovered 3. I have decided at approach all 3 at the same time.

1: Apply for adjustment of status. this takes the longest, but is required anyways.

2: Apply for a social Security number.

3: Apply for a work permit.

Rete

You cannot apply for a SS number without the EAD. As Michael Young has pointed out, and he works for the SSA, a K-3 does not have the right to a SS card until they obtain an EAD. A K-3 is not like a K-1 in that respect.

Rete

Susie

Thanks for the replies.... so I guess once I am in the US, I'll just apply for the AOS (I-485), the EAD (I-765), and then the SSN once I get the EAD?

I was hoping for some way to work sooner without having to wait over 3 months but I guess not!! Thanks for clearing it up anyways...

Also, just to make sure I have the correct info... do K-3'ers have to send their AOS & EAD into Chicago (where I-129F was approved) or Texas (where the I-130 is pending?)

I am also planning on trying my luck and attempting to file them in person at the closest local INS office which will be Memphis since I don't think they have one in Nashville.

Thanks again!

Susie

Rete

Normally the I-485 and accompanying applications are sent to the local INS office for your living jurisdiction. Where is that going to be for you? Perhaps your local INS allows walk ins and you might get the EAD sooner than you thought.


CORRECTION: You did say ;-) Memphis .. did you have a look at the INS website or the filing experience pages. If not, I will.

Rete

Rete

Here you go:

http://www.kamya.com/aos/tennessee.html#memphis

Seems to only take up to six weeks for an EAD once you file.

Rete

geofftex

You can send in the I-765 to Chicago if you are entering the US on a K-3. You will need to send the AOS to the local INS district. The instructions on the form indicate where you can send. I have noticed that the processing times for the EAD are shorter in Chicago/MSC than the processing times in Texas where we are sending our AOS. You don't have to submit the EAD with the AOS. The processing time in Vermont and other places are up to speed for the AOS and I-130. Outside of Nebraska that is.

Are you going to submit a new I-130 with your AOS? I have heard that it is easier to submit a new one with the AOS, but the processing times in Texas appear to be really slow for the AOS and the I-130. So I am thinking about not wasting another hundred bucks on a new I-130.

Thanks
Geoff

Susie

Thats good news! I had read those experiences already but since the page is mostly for K-1'ers and there isn't anything within the postings to specify whether they were K-1's or K-3's I thought there might be differences.

Thanks!

Rete

Susie

The filing experiences will be the same regardless of whether it is from a K-1, tourist visa, K-3, whatever, as long as it is based on marriage to a USC. The only difference is if you are not a K-1 or K-3 you need to include an I-130 with the I-485.

Geoff was talking about sending the I-485 to the service centers. That is something you do NOT want to do. Any AOS based on marriage to a USC is filed with the local INS office. If your I-130 has not been approved by the time you get here, then you still file at the local INS office and they in turn will contact the service center where your I-130 was original sent and when they receive the service center notification of approval then they will start the I-485 processing.

Or you have the option of refiling a new I-130 when the I-485 and starting from stratch.

If any of this information is incorrect, then I implore one of the resident attorneys who on occasion frequent the board to chime in with their opinions.

Rete

Susie

Thank you so much again Rete... you cut thru all the information available from various resources and spelled it out clearly for me.

Have you ever considered getting your degree and practicing immigration law? You have been such a huge help!

Susie

Susie

If I file both my AOS & EAD at the local Memphis office after I arrive on my K-3, do they just forward the EAD part to Missouri? or do they process both locally? if not, would it save me time to send the EAD directly to Missouri myself? and the AOS locally?


Help?

Susie

jsv888

Is it true then that if you have a K3 and apply for the 1-485 in Chicago and 90 days has passed, you can go to your local INS office and they will issue you a temp EAD card?

We didn't file the EAD locally or at the same time as the AOS because we didn't have $250 to spare. My husband has been here a month on the K3 and we have yet to file the AOS. Will this cause us problems?

Thanks.

Rete

No it is not a problem. A K-3 visa is good for two years I believe before you have to file for AOS. The K-3 holder has to apply for an EAD at the Chicago address that is used for the I-129F so they can work, but that can be independent of the AOS petition. The K-3 in the passport is your right to travel and return to the US during those two years as long as you have not filed for AOS so advance parole is not required.

Rete