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EAD/AOS and permission to work - need help

EAD/AOS and permission to work - need help

Old Apr 16th 2001, 6:50 am
  #1  
Jonathan Arendt
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First of all, I hope everyone had a tolerable Easter. I know that if we are posting
here, many of us are without at least one loved one. I will post later about my
meeting with the Congressman - I do have some news on that front. I was wondering
about the EAD and AOS process. Someone told me that since my fiancee is from Canada
she may be able to work sooner than we thought - going through the I-130 process. We
would like her to be able to work in August and she is entering the country in June
to be married on July
14. What does the time frame look after that? What are the processes we would have
to go through? I have looked at a couple of earlier posts and tried a link to a
webpage, only to have an error come up. The EAS comes first? then an interview?
Any help - as always - is appreciated Also, why would my fiancee - from Canada -
be able to come into the country without an I-130? What are the differing
conditions?

Jonathan
 
Old Apr 16th 2001, 9:52 am
  #2  
Moretakitty
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First of all, you need to make sure sure that the Immigration at the border does not
know she is coming across with the intent to get married, that is a nono. The I-130
is for people who did not file the K-1, which is the fiancee route. If she gets
married in July, then you may submit the papers right away, and depending on the
office you go to, you could get the EAD within weeks. For me at Tuscon, it took
approx 25 days. I applied for my SSN the same day I got the card and I am good to go.
If however you apply for the K-1 to get her across the border, she may then get the
EAD right away, however you need to wait for the K-1 to be approved, for a friend of
mine, that in itself took 6 months. The EAD normally will come first, then you will
have a AOS interview. I got my EAD in Tucson within the month, however for the AOS I
am to expect to wait about 30 months. Anyway, good luck and I hope this helps!

--
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Keep smilin' Moretakitty
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Old Apr 16th 2001, 9:57 am
  #3  
Moretakitty
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Posts: n/a
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I should add that coming over the border without a K-1 with the intent to marry
is a nono =)

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[usenetquote2]> >^,,^<[/usenetquote2]
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[usenetquote2]> > First of all, I hope everyone had a tolerable Easter. I know that if we[/usenetquote2]
    >
[usenetquote2]> > posting here, many of us are without at least one loved one. I will[/usenetquote2]
post
[usenetquote2]> > later about my meeting with the Congressman - I do have some news on[/usenetquote2]
that
[usenetquote2]> > front. I was wondering about the EAD and AOS process. Someone told me[/usenetquote2]
    >
[usenetquote2]> > since my fiancee is from Canada she may be able to work sooner than we thought -[/usenetquote2]
[usenetquote2]> > going through the I-130 process. We would like her to be able[/usenetquote2]
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[usenetquote2]> > work in August and she is entering the country in June to be married on[/usenetquote2]
    >
[usenetquote2]> > 14. What does the time frame look after that? What are the processes[/usenetquote2]
we
[usenetquote2]> > would have to go through? I have looked at a couple of earlier posts[/usenetquote2]
and
[usenetquote2]> > tried a link to a webpage, only to have an error come up. The EAS comes first?[/usenetquote2]
[usenetquote2]> > then an interview? Any help - as always - is appreciated Also,[/usenetquote2]
    >
[usenetquote2]> > would my fiancee - from Canada - be able to come into the country[/usenetquote2]
without
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[usenetquote2]> > I-130? What are the differing conditions?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Jonathan[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Apr 16th 2001, 1:41 pm
  #4  
Concierge
 
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Default

Jonathan

First you are under a misconception re Canadians. Being a Canadian does NOT give them a quicker avenue to processing than any other nationally coming to the US, marrying a USC and applying for AOS and permission to work. A Canadian will still require and EAD card or stamped permission from the INS to work. Coming in on a Fiancee Visa will give them access to a social security card without having an EAD first but they are still required to have permission from the INS to work. Having the distinction of being Canadian is not the equivalent of INS approval to work.

The crux of the timeline is on the local INS office you will be using. If she is coming into the US as a tourist, marries you and files for the AOS and an EAD, then it depends where you are filing. For example, in Boston you file in person and the day you file you walk away with the brand new EAD card in your hand. If, however, you file in New York City, you have to mail the petitions/applications in and you wait and wait and wait up to 90 days for the EAD card. During those 90 days you can't work, you can't apply for a social security. You are at home asimilating to your new country of choice.

So before anyone can tell you anything definite we need to know which INS office you will be using and how your now fiancee will be entering the US.
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