Questions for my fellow Canadians :-)

[trulove 1]

Hello everyone,

I'm Canadian and my fiance is American. We are in the first stages of our K1 visa....I had a question about getting a temporary EAD while I wait for my AOS? Is that possible?

Once I do move do I have to go for another driving exam for my drivers license ??? I already have a BC license.

Thanks sooo much!

[Ban Hammer 13,283]

from what i've seen, the ead isn't worth the paper it's printed on (that's even if you can get the stamp at your poe). you can't work with it.

as for the dl, it depends on what state you are going to.

Edited March 8, 2010 by charles!

[Allie 5]

If you're coming to WA. you don't need to take another driver's test because you're from BC.

If you are coming to WA. from another Province then you must take the whole driver's test routine ( written and road)

As Charles stated above all States have their own rules on obtaining a driver's license

[Sam and Ben 2]

Once you enter the States on your K1 Visa, you may apply for an EAD alongside your AOS package. It's good insurance that you will be able to work within a couple of months' time if your green card approval happens to take awhile. It's also free to apply for if you do so at the same time as your AOS. If your green card happens to be approved more quickly than you're able to use the EAD, then no sweat.

As far as the driver's license, we need more information as to where you're moving to to answer that. Or, googling "how can a Canadian get a driver's license in xxx state" might render quite a few results as well.

[Udella&Wiz 325]

Hello everyone,

I'm Canadian and my fiance is American. We are in the first stages of our K1 visa....I had a question about getting a temporary EAD while I wait for my AOS? Is that possible?

Once I do move do I have to go for another driving exam for my drivers license ??? I already have a BC license.

Thanks sooo much!

not possible - as noted above you will get the EAD as part of your AOS....so yes, you'll be off 3-4 + months while waiting for the EAD or 2 yr GC - which ever comes first, both authorize you to work.

A few years back K1's sometimes got a temporary work authorization stamp as they entered the country, but those are not offered anymore.

Save your $$ now and enjoy your time off when it happens!

[SonoranSongbird 3]

Just to clarify one point: when you send in your AOS package, you may also apply for an EAD and AP. The EAD (no idea what that stands for) allows you to work and the AP (advance parole) allows you to leave and re-enter the country. Unless this has changed, you pay one fee that covers all three. At the time my husband applied for AOS, most people got approved for their AP and EAD in about 60 to 80 days while it took anywhere from a little over three months to 7 months for AOS (most people more in the 4-6 range). A few people actually did get approved for AOS before they got their EAD and AP, but for most, the EAD came at least a few weeks ahead of the AOS approval and green card.

So if you are asking whether you can apply for EAD that will be valid upon entry, as others have said, the answer is no. However, if you are asking whether you can get an EAD prior to AOS approval, the answer is yes, although how much earlier you will have it is anyone's guess. And, as mentioned, you cannot apply for it until you apply for AOS.

[Wyatt's Torch 45]

EAD = Erectile Adult Dysfunction.

Naw, just kidding. EAD = Employment Authorization Document, just FYI.

[SonoranSongbird 3]

#######, my office door is open. I had to bite my lip very hard not to laugh.

[raymaga 25]

FYI... I came from B.C. to Washington state, and I had to take both the written AND driver's test to get my WA state driver's licence.

[Hugglebuggles 60]

EAD = Erectile Adult Dysfunction.

Naw, just kidding. EAD = Employment Authorization Document, just FYI.

Omg Wyatt...

In Colorado you can just switch your Canadian drivers license for a full state license, no written or driving tests are required. But, you're probably not coming to Colorado, nobody comes to Colorado

[trulove 1]

Thanks everyone for your responses and help!

For the drivers license question. I'm moving to Texas from British Columbia....would i still need to retest or will it transfer over???

[Kathryn41 3,205]

Every state is different. It would be a good idea to google Texas Driver's License and see what they say about drivers from other countries moving to Texas and applying for a Texas DL. In Georgia you have to redo everything - eye exam, written test and road test - plus turn in your foreign DL as it is against the law in Georgia to have more than one DL in your possession regardless of where it was issued.

For your question about getting a temporary EAD - while K-1s are 'employment enabled' they are not 'employment authorized' unless they have an EAD (Employment Authorization Document). When you enter on a K-1, your legal immigration status is conferred through the I-94 that is stapled in your passport upon entry into the US. It is good for 90 days. While you can certainly pay and apply for an EAD prior to submitting the AOS, any EAD issued could only be based on the immigration status allowed by the I-94 and would only be valid for the same length of time as the I-94 - which is 90 days. The EAD takes about 60 to 80 days to process (used to be 90), so basically you would have permission to work for about a week or two before it expired and if you are unlucky, it may even expire before you receive it. The fee is also several hundred dollars.

When you file for AOS (Adjustment of Status), you apply for an EAD and AP at the same time and they are all covered under one fee. The EAD is now based on the immigration status as an AOS applicant and can be issued in terms of one year periods of validity until you have a decision on the AOS. Once you have a green card (the AOS is approved) you no longer need the EAD.

So basically, there really isn't any viable temporary EAD available to you when you enter as a K-1 that is worth the money you pay to get it.

Edited March 9, 2010 by Kathryn41

[BriCar 0]

Thanks everyone for your responses and help!

For the drivers license question. I'm moving to Texas from British Columbia....would i still need to retest or will it transfer over???

Check the Texas DMV website for info.

[trulove 1]

THANKS SOOOOOOO MUCH everyone for your input!!!!