K3 and working

[americadian 0]

Hi all-

This is my first post to the board, so forgive me if this is an inapropriate topic or it's been asked a million times.

My wife is Canadian, living on the Island (Vancouver), and we submitted the K3 about a month ago. I can't seem to find a definitive answer on being able to work in the US once the visa is approved. For the most part, looks like we would need to apply for a EAD once approved, and that looks to take a couple of months. However, I've read posts that say that the Vancouver office was at one time giving out 90 day work authorizations to be stamped at the POE? Has anyone heard of / had experience with this?

Of course the concern here is that my wife doesn't want to be bored waiting to work for a couple months or more. For me it's like, what's a couple of months? But then again, I'm not in her shoes. And I guess there is no guarantee that timeline is correct?

Anyway, if anyone has some experience with this, I'd love to hear it.

Thanks.

[scy 0]

There is no 90 days EAD for K-3 beneficiaries. Your wife would apply for a normal 1 year EAD subsequent to her entry into the US on the K-3. Normal waiting time for a 1 year EAD is 3 months.

[Flames9_RN 358]

One does require an EAD. I did the cr-1 route so not 100% on the EAD thing, but from my readings on here, some, but very few POE's hand out the EAD stamp. JFK airport was one of them. Doesn not hurt to ask when you go through the POE.

I resided in Victoria for 9 yrs while in the Navy, great city. best of luck.

[Reba 2]

K3s are not eligible for the temp EAD at POE. Only K1s are.

K3 must apply for EAD after arrival to the US with activated K3. Depending on the district office, it may take a few weeks to up to 3 months. At the 90 day mark, if the EAD has not been recieved then you can go to the district office and see about getting an interim if its not yet been approved.

Once you get the EAD, you go to the SSA office to apply for SSN (K3 not eligible for SSN until EAD is in hand), which will take 1 week to several weeks to process. She won't be able to work until she's got both those in hand, but she can apply for jobs while she waits on the SSN.

K3 gets a 2 year EAD, valid for the length of the K3.

[Shewolf04091972 0]

No need to file for an ITIN number then. Or can you file for an ITIN while your waiting for the EAD? I haven't filed my taxes yet because my husband isn't here. I filed for an extention and was going to file the W7 for the ITIN so we could file jointly. The extention is only valid for 6 months. Anyone know if we can get him the ITIN number first, then get the SSN and cancel the ITIN?

K3s are not eligible for the temp EAD at POE. Only K1s are.

K3 must apply for EAD after arrival to the US with activated K3. Depending on the district office, it may take a few weeks to up to 3 months. At the 90 day mark, if the EAD has not been recieved then you can go to the district office and see about getting an interim if its not yet been approved.

Once you get the EAD, you go to the SSA office to apply for SSN (K3 not eligible for SSN until EAD is in hand), which will take 1 week to several weeks to process. She won't be able to work until she's got both those in hand, but she can apply for jobs while she waits on the SSN.

K3 gets a 2 year EAD, valid for the length of the K3.

[meauxna 15]

No need to file for an ITIN number then. Or can you file for an ITIN while your waiting for the EAD? I haven't filed my taxes yet because my husband isn't here. I filed for an extention and was going to file the W7 for the ITIN so we could file jointly. The extention is only valid for 6 months. Anyone know if we can get him the ITIN number first, then get the SSN and cancel the ITIN?

Whoa.. I was just wondering what had happened to you.. all's well? My friend from Nicaragua has recently moved back; got done what she went there for, I guess (I thought it was a longer-term move...).

Ennaways...

If you can get the W-7 stuff together, do so. It can only be applied for with a tax return, and and ITIN can only be issued if (he) is not eligible for an SS# (which he is not). He can then apply for a regularSS# when the time comes and he is elligible.

Search posts from mdyoung for SSA and ITIN info.

Hope to read your 'we got it' post soon!

[Jersey Girl 2]

my wife doesn't want to be bored waiting to work for a couple months

It may be worth considering having something to do, instead of working, until she's eligible. The K3 takes awhile and once she's here, there's another round of applications before she can work legally. It's up to her to know in advance what the wait times might be so she can plan ahead.

[UmmSqueakster 54]

my wife doesn't want to be bored waiting to work for a couple months

It may be worth considering having something to do, instead of working, until she's eligible. The K3 takes awhile and once she's here, there's another round of applications before she can work legally. It's up to her to know in advance what the wait times might be so she can plan ahead.

Consider a volunteer position. My husband had a volunteer job that was 30+ hours a week and it kept him sane waiting for the EAD.

[americadian 0]

It's been suggested to me that another option might be to go ahead with the visa and once approved, having her come here and have it stamped so that we can begin processing on the EAD and her returning to Canada to work while the EAD is being approved. Any thoughts?

[David&Erin_Owens 0]

It's been suggested to me that another option might be to go ahead with the visa and once approved, having her come here and have it stamped so that we can begin processing on the EAD and her returning to Canada to work while the EAD is being approved. Any thoughts?

The K3 is a multiple entry visa, so she could go home to visit, but I know that until someone becomes a USC, there is a certain amount of time that they are required to spend in the states. Otherwise the visa will be null and void.

[Kez/JWolf 6]

So let me get this straight in my head.... youe wife will come in on a K3... then you will file for AOS + EAD as the basis she is a Permenent Resident... she will then leave the country and return to living and working in Canada?????

why do you just not do the CR1 and she can remain in canada living and working until it is approved???

Oh I am very confused today.... am I missing something here????

Kezzie

[Shewolf04091972 0]

You bet! We got 'er done and hubby is flying out of Managua, Nicaragua May 4th!

Ug! I can't file my tax return until he's here so we can file jointly, but I can't file for his W7 without a tax return and I can't file until I have his ITIN to put on the tax return? Sounds like a Catch 22!

'

No need to file for an ITIN number then. Or can you file for an ITIN while your waiting for the EAD? I haven't filed my taxes yet because my husband isn't here. I filed for an extention and was going to file the W7 for the ITIN so we could file jointly. The extention is only valid for 6 months. Anyone know if we can get him the ITIN number first, then get the SSN and cancel the ITIN?

Whoa.. I was just wondering what had happened to you.. all's well? My friend from Nicaragua has recently moved back; got done what she went there for, I guess (I thought it was a longer-term move...).

Ennaways...

If you can get the W-7 stuff together, do so. It can only be applied for with a tax return, and and ITIN can only be issued if (he) is not eligible for an SS# (which he is not). He can then apply for a regularSS# when the time comes and he is elligible.

Search posts from mdyoung for SSA and ITIN info.

Hope to read your 'we got it' post soon!

[girl 37 7]

So let me get this straight in my head.... youe wife will come in on a K3... then you will file for AOS + EAD as the basis she is a Permenent Resident... she will then leave the country and return to living and working in Canada?????

why do you just not do the CR1 and she can remain in canada living and working until it is approved???

Oh I am very confused today.... am I missing something here????

Kezzie

Well, from what I understand, since she's from Vancouver Island (me too), she can have her interview in Vancouver (K3) instead of wasting $$ to fly to Montreal & stay there (CR-1). Apparently it doesn't take too long to get an interview in Vancouver compared to Montreal, which currently seems to be backed-up. Also, since Vancouver's so close to the border she could get her visa, drive across the border to activate it (or whatever it's called) & file for AOS, then go home and work & wait.

[Kez/JWolf 6]

You may be able to do that.... but I dont think you should be filling for AOS if you are not actually living together in the states.....

How will you be able to explain this at interview??? That would be like me coming here filling for AOS then going home to UK and continuing to work and live alone untill EAD has been approved and then flying back....

Dont seem right .....

IMO

Kezzie

[girl 37 7]

I dunno... That's more or less what I'm planning to do but I guess I might need to look into it further. (Zyggy, if you read this, any ideas??) I expect if everything goes right I'll be done sometime in June or July or so and won't finish work in BC until the end of August. I'll be able to visit, but why move to the States & sit around if I can be working at home?