Awaiting AOS w/promised work back in Canada?

[Doug n Amanda 0]

I'm always dismayed by judgemental responses to innocent questions or comments.

Amanda, there is nothing wrong with him keeping his job in Canada. Living close to the border you see it all the time. People on both sides do it for both school and work, as well as myriad other reasons. Very normal circumstance. Once Doug gets his GC he's good to go without a problem. The problem pre-GC will be exactly as you see above.

Thanks, Krikit....I appreciate all the help! We know it'll all be good with the GC, but as we all know, that can be a LONG wait! We'll do what we have to to be together (which is what the judgemental responses fail to realize I guess)....

Wishing you and Doug all the best

Thanks! And congrats on the formal engagement! Can we see the ring? Can we? Can we?

Hey guys, we filed a day after you two.

Anyway, why not maybe check in with the FAST office? That would probably be the best way to get an answer from the horses mouth. I think I remember you saying that Doug had a FAST and a NEXUS pass, and you have NEXUS.

Hey Kristy...glad to hear from you again. The FAST office is a good idea; not sure if he checked it out or not yet....thanks!

[Doug n Amanda 0]

Just curious. Did they confirm he could work at the POE and give you the 90 day EAD or did they just say you could work on the I-94? Essentially they're the same thing and have no real bearing on this thread. But I'm just wondering if the POE knows about the I-94 = US work authorization part. They didn't when I crossed in BC.

Travelling back and forth for work on an AP would be a hassle. Could he stay in Canada for a week and then come back on the weekends? Would seem easier in many respects.

He didn't get the EAD, they knew about the work authorization part at the Ambassador POE.

[Flames9_RN 358]

I'm not trying trying to be judgmental, I wish ya all the best, I really do. But I guess when one looks at the different types of visas, one has to take a lot of things into consideration. Some don't look forward( not stating u DougNAmanda) and just want to be together asap and not think about anything else. They move to the USA then realize it wasn't a well thought out plan! And hey, all this visa stuff can be confusing!! Maybe this is one of those situations where you should look for a competent immigration attorney! Hate to see you get AP (which I have no clue how it works as I was a cr-1) use it with success, then one day get a POE officer that maybe doesn't understand the rules and than bans ya or gives ya extra hassle. Hope it works out for the best

[Doug n Amanda 0]

I'm not trying trying to be judgmental, I wish ya all the best, I really do. But I guess when one looks at the different types of visas, one has to take a lot of things into consideration. Some don't look forward( not stating u DougNAmanda) and just want to be together asap and not think about anything else. They move to the USA then realize it wasn't a well thought out plan! And hey, all this visa stuff can be confusing!! Maybe this is one of those situations where you should look for a competent immigration attorney! Hate to see you get AP (which I have no clue how it works as I was a cr-1) use it with success, then one day get a POE officer that maybe doesn't understand the rules and than bans ya or gives ya extra hassle. Hope it works out for the best

Thanks, Flames....no offense taken. We totally understand, but get this: we thought we did the right thing and hired an IMMIGRATION ATTORNEY who advised us to go K1 BECAUSE of Doug's job. And we were ignorant enough to trust this guy, sigh....then I found VJ, fired the attorney, and here we are trying to get through the K1 process best as we can, certainly not for lack of planning, more like lack of knowledge.

I did read in another board about someone in the US on a K1 who left w/o AP and basically threw away the $1010 he spent on his AOS....now has to consider CR1 or K3, and is away from his new wife in the meantime! Whenever we think it's awful, it's always worse for someone else

[Flames9_RN 358]

I believe their was a canuck on here that came in on a K1 and still made trips back to Canada without AP!! Worked like a charm for awhile, then WHAM, denied entry back into the USA!! had to start over with a K3 or cr-1!! Not certain of the exact details, but something like that! Lot of these visas make no sense, why the run around with work authorization, etc etc!!

[~Laura and Nick~ 5]

Wishing you and Doug all the best

Thanks! And congrats on the formal engagement! Can we see the ring? Can we? Can we?

Of course you can!!!

My brother (a photographer) took some beautiful shots of it...I'll upload them as soon as I get them. OR if he takes forever, I'll just take some myself...

[zyggy 9]

I'm always dismayed by judgemental responses to innocent questions or comments.

Amanda, there is nothing wrong with him keeping his job in Canada. Living close to the border you see it all the time. People on both sides do it for both school and work, as well as myriad other reasons. Very normal circumstance. Once Doug gets his GC he's good to go without a problem. The problem pre-GC will be exactly as you see above.

Thanks, Krikit....I appreciate all the help! We know it'll all be good with the GC, but as we all know, that can be a LONG wait! We'll do what we have to to be together (which is what the judgemental responses fail to realize I guess)....

Wishing you and Doug all the best

Thanks! And congrats on the formal engagement! Can we see the ring? Can we? Can we?

Hey guys, we filed a day after you two.

Anyway, why not maybe check in with the FAST office? That would probably be the best way to get an answer from the horses mouth. I think I remember you saying that Doug had a FAST and a NEXUS pass, and you have NEXUS.

Hey Kristy...glad to hear from you again. The FAST office is a good idea; not sure if he checked it out or not yet....thanks!

I am not being judgemental.. I am merely staing the facts... Amanda and Doug asked many questions to this board and to me personally about this very issue and freely chose the path that they are on... As a former CBP officer, I have heard many people try to plead their way out of circumstances that they placed themselves in through their own decisions... I can tell you that the CBP does not have much sympathy for self-inflicted pain...

Those on AP are not eligible for FAST or NEXUS... If you are caught using these lanes while on AP, you will lose the privilege of using these systems forever. and in a business where time equals money, that could pose some problems for him...

Look at it this way, if you have to talk yourself into something... it probably isn't the best thing to do... better to follow your first instinct.

The AOS will happen sooner than you think... I know that it is hard, but in this case, patience is truly a virtue...

Edited January 4, 2008 by zyggy

[Doug n Amanda 0]

I am not being judgemental.. I am merely staing the facts... Amanda and Doug asked many questions to this board and to me personally about this very issue and freely chose the path that they are on... As a former CBP officer, I have heard many people try to plead their way out of circumstances that they placed themselves in through their own decisions... I can tell you that the CBP does not have much sympathy for self-inflicted pain...

Those on AP are not eligible for FAST or NEXUS... If you are caught using these lanes while on AP, you will lose the privilege of using these systems forever. and in a business where time equals money, that could pose some problems for him...

Look at it this way, if you have to talk yourself into something... it probably isn't the best thing to do... better to follow your first instinct.

The AOS will happen sooner than you think... I know that it is hard, but in this case, patience is truly a virtue...

Ok, that's enough. Self-inflicted pain? Facts? What facts? Zyggy, I suggest you read my posts and emails again...we did NOT FREELY CHOOSE this option!!! I have valued all of your comments & information, but your last 2 posts have been very condescending...actually, to the point of disrespectful. As to being a former CBP agent, I'm sure you have valuable experiences, and I thank you for any facts you have to share. However, as we are all aware, we receive conflicting information regularly from the CBP based on individual interpretations, and not all agents understand immigration in general. I learned very early that they aren't Subject Matter Experts.

Let me make this VERY CLEAR as you are placing a great deal of weight on assumptions. We were misguided and almost to the K1 interview b4 realizing ALL of the consequences. At that point, it would've been ridiculous to switch gears, and yes, at that point we had no choice but to accept the consequences. This topic was raised when the CBP threw us a curve ball saying Doug was authorized to work in the U.S. with his I-94 until getting his EAD, and whether or not that holds true AFTER we get married and apply for AOS.

TO BE VERY CLEAR: We ARE NOT stupid, perhaps ignorant to this topic which is why I ask questions. We aren't trying to "talk our way into" ANYTHING. We would NEVER try to go thru NEXUS or FAST. We are grown adults, getting more educated each day on this process, and patiently abiding by all of the rules, not trying to skirt them. I was merely asking about AP to understand its' intent. My thanks to the VJers who have contributed to my understanding of this topic.

[Jeremy + Kristy 0]

We would NEVER try to go thru NEXUS or FAST. We are grown adults, getting more educated each day on this process, and patiently abiding by all of the rules, not trying to skirt them. I was merely asking about AP to understand its' intent. My thanks to the VJers who have contributed to my understanding of this topic.

Yes, and to clarify, I didn't suggest to use the lanes, only that since you are card holders, it is probably the easiest way to talk to a CBP or Immigration officer, by going into the FAST office.

[Kez/JWolf 6]

A K1 Visa holder is work authorized for 90 days from the date of entry..... after the 90 days you are no longer authorized to work until you have an approved EAD in hand....

As of having no choice about the visa route you took... you always have a choice... you could have abandoned the K1 and got married and done the CR1 and that way you would not have had the issue about work.... so yes it was your choice to continue on the K1 path...

Kez

[Krikit 1,165]

"..... after the 90 days you are no longer authorized to work until you have an approved EAD in hand...."

I would insert "in the United States" between the words "authorized to work" and "until you have". However, we are discussing the beneficiary working in Canada for a Canadian-based company, so US work authorization does not apply in this particular case.

Yes, they had a choice. And they made that choice based on all the information they had at hand, including consideration of personal circumstances. Circumstances which readers on an internet board have no knowledge of, but choose to comment on anyway. THAT is pompous and judgemental.

[Doug n Amanda 0]

A K1 Visa holder is work authorized for 90 days from the date of entry..... after the 90 days you are no longer authorized to work until you have an approved EAD in hand....

As of having no choice about the visa route you took... you always have a choice... you could have abandoned the K1 and got married and done the CR1 and that way you would not have had the issue about work.... so yes it was your choice to continue on the K1 path...

Kez

Zyggy, is that you......

"..... after the 90 days you are no longer authorized to work until you have an approved EAD in hand...."

I would insert "in the United States" between the words "authorized to work" and "until you have". However, we are discussing the beneficiary working in Canada for a Canadian-based company, so US work authorization does not apply in this particular case.

Yes, they had a choice. And they made that choice based on all the information they had at hand, including consideration of personal circumstances. Circumstances which readers on an internet board have no knowledge of, but choose to comment on anyway. THAT is pompous and judgemental.

Well said; thanks Krikit

[neiks 19]

Well, yes we DID go down this path before....when we were already well into and paying for K1.

Just out of curiousity, you stated that your continued on with the K1 b/c you had already had considerable money "invested" into the K1. In hindsight now, would the money you would have thrown away by giving up the K1 process still be substantial more than what Doug is now losing in wages for not being able to go to Canada to work? Food for thought for anyone else in the future that may end up in a similar situation when considering to abandon a K1 or not and go the CR-1/K3 route.

[neiks 19]

However, as we are all aware, we receive conflicting information regularly from the CBP based on individual interpretations, and not all agents understand immigration in general. I learned very early that they aren't Subject Matter Experts

Disappointing but true and CBSA is not immune to this problem either. I could go into a billion reason for this but I doubt anyone cares. I know initially that we were advised by CPB officers to go the K1 route b/c it would be faster, and yes, these were officers that knew I was going to continue to work in Canada. It was only through my own research and finding this site that I came the conclusion that the K1 was not the option for me.

[Doug n Amanda 0]

Well, yes we DID go down this path before....when we were already well into and paying for K1.

Just out of curiousity, you stated that your continued on with the K1 b/c you had already had considerable money "invested" into the K1. In hindsight now, would the money you would have thrown away by giving up the K1 process still be substantial more than what Doug is now losing in wages for not being able to go to Canada to work? Food for thought for anyone else in the future that may end up in a similar situation when considering to abandon a K1 or not and go the CR-1/K3 route.

Well, as Krikit so elequently said earlier, there were many personal circumstances to consider, too many and too personal to go into on a message board of strangers....suffice to say our continuance on the K1 was not just based on a financial investment. And the wealth I've gained in finding my soulmate cannot be measured.

The responses I've gotten to what I thought was a general question amaze me, and were definately unexpected. In the future, I think I'll stick to reading posts, vs. writing them.