K3 and working

[Kez/JWolf 6]

Do you not want to be with your Husband????? I thought AOS was ment to be done with you resident in the States..... thats why it is an adjustment of status and not another entry visa??? how will you prove you have established a joint life here in the states if you are living and working in Canada??

Most people are willing to forgo work for a few months so they can be together....

Kezzie

[girl 37 7]

Yes, of course I want to be with my husband and I'll visit him whenever possible using the K3, but I'm a scientist with an active research career and it isn't easy for me to drop my work 'whenever' and not be able to continue it elsewhere. I hope that makes sense. (And now I hope it's possible; I just assumed it would be. We already have joint accounts, etc.)

Edited April 25, 2006 by girl 37

[Kez/JWolf 6]

I think you would need to check this out with USCIS.... I dont think you can do AOS if you are not in the country....

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Looks like you will have to go the CR1 route not AOS.... That way when you do enter the US you will get your Greencard within weeks....

Kezzie

[ramlirobin 0]

Fill out your tax return, fill out the W7 (request for taxpayer ID number). Staple the W7 to the top of the tax return and mail. He will have to be here to sign both forms, or send them to him to sign and return to you.

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!

'

[Shewolf04091972 0]

Thanks for the info! I hope H&R can do it without a number for hubby!

Fill out your tax return, fill out the W7 (request for taxpayer ID number). Staple the W7 to the top of the tax return and mail. He will have to be here to sign both forms, or send them to him to sign and return to you.

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!

'

[americadian 0]

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?

Yes, this is sort of along the same lines of thinking we had. Interesting, it looks like your timeline is about 1-2 months ahead of us.

As for rather or not it seems right, I don't think much of this stuff seems right to me. It seems pretty arbitrary, actually. For example, can someone explain why a K1 visa holder would be issued a stamp at the POE, while a K3 visa holder must apply separately?

Definitely great feedback, though. Thanks to everyone who has offered up their opinion so far.

[kc456 0]

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.

I believe this is outdated info. All EAD applications are files with the Missouri Service Center, not the district office. Furthermore, "a few weeks" is incorrect. It takes at least 60 days, 75-90 is more like it.

About the other angle -- file for AOS -- and go back to Canada to work, I'd consult an immigration attorney before proceeding. I'm not sure, but it may jeorpadize the AOS application.

[Reba 2]

if you have a look around the past couple of years here at VJ, there are more than one Canadian who had a K3 who went back to Canada to continue working there until their EAD came thru. The backing and forthing for fingerprints and whatnot may become expensive.

Its not exactly "right" or to the intention of the K3 visa, but it has been done. And of course is easier for Canadians to do than others, just because of proximity.

I believe this is outdated info. All EAD applications are files with the Missouri Service Center, not the district office. Furthermore, "a few weeks" is incorrect. It takes at least 60 days, 75-90 is more like it.

not so much outdated at forgetfullness. I've slept since I sent in all my applications, and yes, the EAD app for K3s gets sent to Missouri, but the district office takes care of the fingerprinting and everything else, and some district offices are quicker at scheduling those than others, and quicker at getting everything back to Missouri for whatever it is they need to do with it before it gets approved.