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EAD and honeymoon questions

EAD and honeymoon questions

Old Dec 10th 2001, 12:03 am
  #1  
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Ok, I think I understand that my British fiance will have to file an 1-765 form and pay $100 in order to get an Employment Authorization Document. I even think I have got in right in terms of where he files, which is with the regional service center, which is Nebraska for us. My question is *when* does he file?????? I haven't seen anything about this.

Also, we are planning to honeymoon in the UK. Will we have to file/apply/do something between the wedding and the honeymoon in order to go to the UK? (I bet you were hoping for a more exciting honeymoon question, but those bases we have covered).
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Old Dec 10th 2001, 12:30 am
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EAD (I-765) is filed for at your local office. As you did not put where you are from
I can't tell you what office you need to file for the EAD at. He can apply for a temp
EAD when he enters on a K-1 (fiancé visa) if he doesn't receive the 90 day temp at
the POE (port of entry) he enters the US at. If you've married here and he isn't on
the K-1 and he is staying in the US with you, then you need to check what the
procedure for filing EAD is at your local INS office. For example, Cleveland is our
local office and they only do EADs on Tuesdays from 8am - 1pm in person.

Until you have your AOS interview if your fiancé wishes to leave the us and return
then your fiancé will need to file the I-131 form which is Application for Travel
Document aka Advanced Parole (A/P) . This allows them to leave and re-enter until
they get either the I-551 stamp in passport at AOS interview or receive their
greencard. Fee is for the I-131 is $95.00.

Here is the link for that form.
http://www.ins.usdoj.gov/graphics/fo...orms/i-131.htm

Lisa www.britsintheus.com/marriednhappy/timeline-aos.htm

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Old Dec 10th 2001, 2:01 am
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Unfortunately you don't have it right on any of your assumptions.

He files the I-765 for the one year EAD after marriage and with his adjustment of status papers and it is all filed at the local INS office level. Not the service center.

If you are referring to the temporary 90 day EAD he can try walking into the local INS office and getting the stamp there. If they tell him to send it to the service center, forget about him working until he is married and has the one year EAD. It would take almost 90 days to get the temporary one from the service center and might be expired before he gets it.

As for your honeymoon, unless you are planning to postpone it, you aren't going after your wedding. If he leaves with advance parole. If he leaves the country without filing for AOS and without his A/P (I-131) then you will negate the K-1 and you will have to file the I-130 for him when you return to the US without him and then when you get the first Notice of Action on the I-130 you can file for a K-3 for him.

BTW depending on where you live and file, it might up to 90 days to get the A/P.

Rita
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Old Dec 10th 2001, 4:10 am
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Originally posted by Rete

...snip....
As for your honeymoon, unless you are planning to postpone it, you aren't going after your wedding. If he leaves with advance parole. If he leaves the country without filing for AOS and without his A/P (I-131) then you will negate the K-1 and you will have to file the I-130 for him when you return to the US without him and then when you get the first Notice of Action on the I-130 you can file for a K-3 for him.

BTW depending on where you live and file, it might up to 90 days to get the A/P.

Rita
Thanks for the reply, but I still don't understand. It sounds like it will take 90 days or so to get advance parole (A/P, right?). We can't leave the country without it, even if we are married. So, can we apply for it even before we are married, so that it will be in place for us to travel on our honeymoon? Or would it be possible for us to file an adjustment of status the day after the wedding and leave the following day? And are both (A/P and AOS) needed us to leave the country?
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Old Dec 10th 2001, 5:10 am
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If you told us which local office you will be filing at, we could narrow down how
long the Advance Parole will take - some offices it is one day, some take up to 90.
You can check the timelines yourself at this site
http://members.aol.com/MDUdall/instimes.htm

You can file the Adjustment of Status (AOS) paperwork (I-485 package) the day after
you are married, if you a certified marriage certificate the next day.

The Adjustment of Status paperwork is what your fiancé needs to be able to live in
the US and receive his Green Card. Being married to a USC does not give him any
status to be in the US. You have to file the AOS in order to get the AP (and an EAD
card), because the Advance Parole is based on the AOS. Advance Parole gives him
permission to travel outside the US (actually it is permission to reenter the US)
while the application is being processed. You can't file for AP before you are
married, because you have no application pending on which to base the I-131. And as
Rita mentioned, if he leaves the US before his AOS is filed, and/or without AP, he
will not be allowed to reenter the US - and you will be starting all over with
paperwork while he remains in the UK.

Be sure to read your local offices filing procedures, because some offices require
you to come in person to file the AP, while other require you to mail the application
- and if it needs to be mailed you should send it with your AOS or else you will have
to wait until you get your receipt from filing your AOS paperwork. See a list of
local offices here http://www.ins.usdoj.gov/graphics/fi...ces/alphaa.htm

Time to go back and read at www.k1faq.com section 6.

As for your honeymoon - you should either plan a trip inside the US, or reschedule
your UK for at least 3, and probably 4 months after the wedding,

Take Care. Shelley

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Old Dec 10th 2001, 5:23 am
  #6  
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BestGirl,

You're putting the cart before the horse. You MUST be married and living in the U.S.
before you can apply for one-year EAD. Your fiance CANNOT leave the U.S. after you
are married until you have filed for AOS and AP -- unless you wish to be parted for
up to another year due to having to file the I-130 and him remaining in the UK until
that is sorted. And he cannot obtain AP without AOS first being filed. At best,
depending on the local INS office with which you are working, it will take several
days to obtain the AP. I suggest you abandon your plans for an immediate UK honeymoon
and enjoy the sights here in the US until you have obtained the proper documents for
your fiance to legally travel -- meaning he must be your husband first, and AOS
applied for and AP granted and received. Hard news to hear, I am sure, but it's just
the way it is.

Take care, Rae

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Old Dec 10th 2001, 5:43 am
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BestGirl,
Yeah, unfortunately you can't leave the country until you get the A/P. Worse, you can only file for that after you are married as part of your AOS. Approved AOS (after which you will conditional permanent resident) is not necessary to leave the country, but normally you would file for it and A/P at the same time, and when the A/P comes through, that covers you until you have the green card. Sorry to be the second bearer of bad news...is there anyway you can have a sort of two stage honeymoon...quick one in the states right away, and bigger one in the UK a few months later when you have the A/P? Anyway, hope your plans go well and best of luck!

-Harry
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Old Dec 10th 2001, 11:17 am
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This is bad news. We were planning a honeymoon and reception in the UK so we could include those of his family who can't travel to the US in our wedding. I hate the thought of delaying that for months.

I live in Detroit, btw. Could someone at least tell me that office is reasonable to deal with?
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Old Dec 10th 2001, 11:27 am
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BestGirl wrote:
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Darlin', you just struck gold! Detroit gives SAME-DAY adjustment of status, complete
with a green card stamp, when you file AOS IN PERSON. File just as soon as you get
the certified copy of the marriage certificate, and you can leave from that office
and head to the airport if you want, because you will NOT need advance parole---you
will have a green card!! Alvena
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=========================================
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 10th 2001, 7:37 pm
  #10  
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Geez - why didn't you say Detroit in the first place? While the rest of us sit at
home and wait for receipts and make three or four trips to the INS office, you need
only make one - Detroit does same day AOS for K-1ers! Be sure you have all your AOS
documents done, a certified copy of your marriage certificate and maybe a photo or
two from the wedding, and you will be finished with the INS - for 2 years and 9
months anyway! Enjoy your UK honeymoon. Take Care. Shelley

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Old Dec 10th 2001, 10:01 pm
  #11  
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Alvena, I think I love you!!!!!!!!!!!!!!!!!!!!!

Thanks for the good news!!!!!! I am planning to go to the Detroit office next week to ask them some questions in person, so it is good to know I can expect a postive response.
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Old Dec 10th 2001, 10:09 pm
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BestGirl wrote:
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*ROTFLMAO* !!!

My goodness - some of us have all the luck!

This should reaffirm the importance of telling us where you live =)

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Old Dec 10th 2001, 10:23 pm
  #13  
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BestGirl wrote:
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Well, that's 3: me, arnaldo, and you! Glad to help. Detroit has been doing this for a
long time now. Just remember you have to file IN PERSON to get this. It's definitely
worth the trip....just ask any newsgroup regular! alvena
 
Old Dec 10th 2001, 11:29 pm
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Ditto everything Alvena said. You just received a lovely early Christmas present from the INS. Now if only they would paid for the honeymoon. Enjoy!

Rita

PS You won't have to pay for an EAD or Advance Parole. You just need the I-485 and the Affidavit of Support. So I guess INS is paying for part of that honeymoon.
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Old Dec 10th 2001, 11:36 pm
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Whoooooo Hooooooo!!!! Really, you guys, you don't know how happy this has made me. I was really disappointed about not getting to have the big reception for my sweetie's family back in the UK. Having it 4 months after the wedding just didn't seem as exciting or as inclusive of them.
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