jamieoxford

Dear forumers,

So, I am a British citizen and my wife, a US citizen has filed both the I-130 and I-29F. I am hoping that the K3 visa will allow me to return to the US sooner rather than later. I have worked in the US on an H1-B visa for 5 years, got married in the US and have a US SSN. I have just received a job offer from the US which may require me to start before my K3 and EAD are issued. My wife and I are contacting her US representative to enquire about the application. Here is my question:

1. Is there anything else I can do to speed up the process?
2. Do I have to wait for the K3 to be issued before I can apply for the EAD?

We submitted our I-129F in October. Any clues as to how long it will be before I can enter the US?


Thanks so much for your help in advance.

Cheers

J

ian-mstm

No.


Not only do you have to wait until the K3 is issued, you have to wait until you are in the US before you can apply for the EAD. Once you apply, it may take 60-90 days to get.


If you're lucky, the I-129F will be tossed out, and you'll proceed with the CR-1 visa (the result of filing an I-130). The day you enter the US you will immediately become a Permanent Resident (= green card) and won't need an EAD. You'll be able to work from day one.


The day you get your passport back with the visa in it you can hop on a flight to the US.

Ian

meauxna

I thought my reply to your last thread would have covered this already.

jamieoxford

It did. I guess I was hoping for a miraculous loop hole. Thanks both for your responses. Me, desperate?? ;-)

Noorah101

It most likely will not. If I were you, I'd hope for the opposite...that the Immigrant Visa gets processed instead...that way you'll have work authorization from Day 1 in the USA instead of having to apply for an EAD.

You cannot start working in the USA before either your Immigrant Visa is issued (if it goes that way), or you have your EAD in hand. Unless your employer has a way of getting you the proper work visa instead.

No need to involved a US Rep. He won't be able to speed anything up for you.

No, just be prepared at each step of the way with your paperwork done ahead of time so you can turn it in faster.

Yes, you must have your K-3 issued, and you must be inside the USA in order to apply for your EAD.

Roughly 8 - 10 months from filing...so let's say around June - August 2011.

Rene

jeffreyhy

We?

Anyway, when did your wife submit her I-130. There's a good probablilty that the I-130 will be decided first, since it had to have been submitted first, in which case the I-129f becomes a moot expenditure of money that could have been used for a whole lot of beer.

The more time between submission of the I-130 and the I-129f, the more likely that the I-130 will be decided first.

Regards, JEff

meauxna

Your job offer doesn't meet the H-1B requirements?

Noorah101

No fee for an I-129F filed towards a K-3 visa. No beer lost.

Rene

jeffreyhy

Damn. No, wait, excellent!

Anyway, thanks for correcting me! (Been too long since my wife was a K3)

Regards, JEff