Can anyone help please

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Old Oct 11th 2004, 3:04 pm
  #31  
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Default Re: Can anyone help please

[You have given me much to ponder on, all we want is to be together, the simplist way, i think the way forward is either K! or K3, the question now arrises, should I visit the US on a VWP, marry, return to the UK will there be a problem in applying for the K!/K3 papers ???
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Old Oct 11th 2004, 3:11 pm
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Default Re: Can anyone help please

Originally Posted by Jay89
[You have given me much to ponder on, all we want is to be together, the simplist way, i think the way forward is either K! or K3, the question now arrises, should I visit the US on a VWP, marry, return to the UK will there be a problem in applying for the K!/K3 papers ???
If you travel to the US, marry your fiance and then return to your country, your wife can then start the paperwork rolling for the K3. There is no problem with this. You may also want to consider this option: come over to the US to visit, and bring needed docs with you. While you are here, your fiance can get the paperwork started for the K1 fiance visa. Then hopefully you shouldn't face too much time apart, assuming you have a good long visit with each other.

Just to let you know, my now hubby traveled here to visit me twice while the I-129f (for the K1 visa) was still being processed.
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Old Oct 11th 2004, 3:23 pm
  #33  
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Default Re: Can anyone help please

Originally Posted by USA & Pakistan
Is this right? I thought the temp EAD was valid for the whole 90 days, regardless of when you actually get married. Hmmmm.

Marnee
Hi Marnee,

The temp EAD is valid for 90 days after entry. Someone entering on a K1 cannot apply for EAD until they have also applied for AOS by filing the I-485. I'm not sure what kind of entry Bob was referring to in his post, but K3 entrance CAN apply for EAD without applying for AOS...but then again, a K3 does not get the temp EAD for 90 days, either.

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Old Oct 11th 2004, 3:36 pm
  #34  
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Default Re: Can anyone help please

Originally Posted by Noorah101
The temp EAD is valid for 90 days after entry. Someone entering on a K1 cannot apply for EAD until they have also applied for AOS by filing the I-485. I'm not sure what kind of entry Bob was referring to in his post, but K3 entrance CAN apply for EAD without applying for AOS...but then again, a K3 does not get the temp EAD for 90 days, either.
Entering on a K1, you are work authorised, just normally don't get the stamp at POE, and that's only valid until your married, as far as I know.
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Old Oct 11th 2004, 4:04 pm
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Default Re: Can anyone help please

Originally Posted by Bob
Entering on a K1, you are work authorised, just normally don't get the stamp at POE, and that's only valid until your married, as far as I know.
My understanding is that the K1's temp work authorization is valid for 90 days after entry at the POE (whether issued the actualy stamp or not), and does not become void once married. For those who do get the actual stamp, there is a handwritten date of expiration on there which is 90 days after entry...not "until married".

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Old Oct 11th 2004, 4:42 pm
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Default Re: Can anyone help please

Originally Posted by Noorah101
My understanding is that the K1's temp work authorization is valid for 90 days after entry at the POE (whether issued the actualy stamp or not), and does not become void once married. For those who do get the actual stamp, there is a handwritten date of expiration on there which is 90 days after entry...not "until married".

Rene
I wonder how often it is even an issue. Has anyone been asked about working before the EAD came thru? Either K-1 or K-3?

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Old Oct 11th 2004, 4:58 pm
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Default Re: Can anyone help please

Originally Posted by USA & Pakistan
I wonder how often it is even an issue. Has anyone been asked about working before the EAD came thru? Either K-1 or K-3?

Marnee
I've often wondered that myself. Also, I was curious for those who do NOT get the temp EAD stamp...what do they show a potential employer who asks if they are eligible to work? I guess they could show them the section of USCIS that states a K1 is eligible to work immediately upon entry, and hope the employer approves? I mean, what good does it do to have immediate work authorization but no way to prove it to anyone?

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Old Oct 11th 2004, 6:18 pm
  #38  
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Default Re: Can anyone help please

Originally Posted by Noorah101
I mean, what good does it do to have immediate work authorization but no way to prove it to anyone?
I know, crazy, and not very clear, and anyway, it's not really worth the effort of getting a job only for a short while unless you have temp agencies for short term stuff anyway.
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Old Oct 11th 2004, 7:43 pm
  #39  
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Default Re: Can anyone help please

Originally Posted by Jay89
[You have given me much to ponder on, all we want is to be together, the simplist way, i think the way forward is either K! or K3, the question now arrises, should I visit the US on a VWP, marry, return to the UK will there be a problem in applying for the K!/K3 papers ???

That is what we did, marry, he stayed for a week and then went back to the UK 'til the K3 came thru. However, there is NO guarantee that the POE will let you in to do this, because IF you were asked the purpose of your visit, AND you didn't have sufficient proof to show intent to return to the UK you could be refused entry.
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Old Oct 11th 2004, 9:02 pm
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Default Re: Can anyone help please

Originally Posted by cindyabs
That is what we did, marry, he stayed for a week and then went back to the UK 'til the K3 came thru. However, there is NO guarantee that the POE will let you in to do this, because IF you were asked the purpose of your visit, AND you didn't have sufficient proof to show intent to return to the UK you could be refused entry.
That's, of course, assuming that one answers "I'm here to marry my fiance." To be honest, if I was a foreigner entering simply to get married, and I knew there was a chance I'd be denied entry, I don't think I'd tell the truth. But I would only do that under the condition that I was definitely returning home after the wedding to pursue the correct visa. Under any other circumstances I would definitely not even think of lying, but in this one case, I would probably break down and do it because I would still be pursuing the correct visa.
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Old Oct 12th 2004, 1:18 am
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Default Re: Can anyone help please

Originally Posted by cindyabs
That is what we did, marry, he stayed for a week and then went back to the UK 'til the K3 came thru. However, there is NO guarantee that the POE will let you in to do this, because IF you were asked the purpose of your visit, AND you didn't have sufficient proof to show intent to return to the UK you could be refused entry.
Another option is what we did - got married in my husband's country (in this case Ireland) and then filed the papers back in the US. In this case, be sure to get a bunch of copies of the marriage certificate from the registrar of marriages (or whichever agency handles these). This is not the same as the paper you're given at the ceremony - our official ones have an embossed seal on them.
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