Work authorization on K3

[SteveColo 0]

Hey all B)

Our goal is to have our interview mid-April. But because of finances, my wife and step-daughter will not be able to come home probably until June.

My question is ... after she receives the visa, do I have to wait until she enters the country to file the paperwork to get her work card ... or can I file it right away? If so, when she gets here, 2 out of the 3 months of waiting will have already passed ...

Thanks for your input

[rin and john 71]

Hey all B)

Our goal is to have our interview mid-April. But because of finances, my wife and step-daughter will not be able to come home probably until June.

My question is ... after she receives the visa, do I have to wait until she enters the country to file the paperwork to get her work card ... or can I file it right away? If so, when she gets here, 2 out of the 3 months of waiting will have already passed ...

Thanks for your input

To apply for work authorization, I-765, she will need an I-94 (arrival card). So no, you will not be able to be pre-approved for K-3 work authorization. Can you still pursue the CR-1 visa? With the additional wait time it may be beneficial to try and push it through if working right away is a priority.

[YuAndDan 153]

CR-1 and IR-1 visas had the BIG plus of an instant green-card upon entry to the USA, they can get an SSN and immediately take a job.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

If insisting on K-3, you can apply for EAD before filing for AOS, the fee for EAD is $340, you can then later file AOS, closer to 2 years of marriage, if AOS is approved AFTER 2 years of marriage the resulting green-card will be the 10 year card. This also allows the K-3 holder to get a job work, and file an I-864A to add their income to that of their spouse when adjusting status.

[SteveColo 0]

Thanks for the input ...

I was just curious. We can wait the 90 days for her to get the work card ...

I totally understand your argument for the CR1 YuAndDan ... but for me, with a wife and step-daughter, you are talking an extra $1000 up front (which I don't have) for the CR1 AND the possibility of it getting hung up at the NVC for months for any old stupid reason. I see a lot of VJ members who have experienced this or are currently dealing with this.

For us, getting back together a.s.a.p. is the most important thing ...

Edited March 6, 2009 by SteveColo

[Reba 2]

Well, they'll both have to apply to adjust status once here in the US anyhow, for a cost of $1010 each, so what's the difference between that and the CR1? Other than the off chance there may be an additional wait time?

[rin and john 71]

Well, they'll both have to apply to adjust status once here in the US anyhow, for a cost of $1010 each, so what's the difference between that and the CR1? Other than the off chance there may be an additional wait time?

With the K-3, they can file for just EAD for the foreign spouse (immediately), then wait up to 21 months to file AOS (K-3 visa is valid for 2 years). Defers the cost for more than two years.

[SteveColo 0]

Well, they'll both have to apply to adjust status once here in the US anyhow, for a cost of $1010 each, so what's the difference between that and the CR1? Other than the off chance there may be an additional wait time?

It's not $1010 each ... my step-daughter would only be $600 ...

With the K-3, they can file for just EAD for the foreign spouse (immediately), then wait up to 21 months to file AOS (K-3 visa is valid for 2 years). Defers the cost for more than two years.

Edited March 7, 2009 by SteveColo

[Reba 2]

With the K-3, they can file for just EAD for the foreign spouse (immediately), then wait up to 21 months to file AOS (K-3 visa is valid for 2 years). Defers the cost for more than two years.

Then running the risk of the K3 expiring before AOS interview, and being out of status. There's been more than one thread lately where that's not such a good thing anymore.

Plus, there's the additional cost of applying for EAD separately; it's included in the AOS fees if you apply for AOS.

If cost of the CR1 is the issue keeping them from going for the CR1, it doesn't make much sense, because the K3 and K4 EAD and adjustment fees add up to more.

JMO.

[rin and john 71]

With the K-3, they can file for just EAD for the foreign spouse (immediately), then wait up to 21 months to file AOS (K-3 visa is valid for 2 years). Defers the cost for more than two years.

Then running the risk of the K3 expiring before AOS interview, and being out of status. There's been more than one thread lately where that's not such a good thing anymore.

Plus, there's the additional cost of applying for EAD separately; it's included in the AOS fees if you apply for AOS.

If cost of the CR1 is the issue keeping them from going for the CR1, it doesn't make much sense, because the K3 and K4 EAD and adjustment fees add up to more.

JMO.

I can agree that waiting can potential cause issues. I wouldn't wait until three months before the K-3 expires, but it is possible. In our case, we waited until we were reasonably confident that the AOS interview would be after our 2nd wedding anniversary (actually about 9 months before the visa expired).

While the OP will spend more on the K-3, it is spread out over two years. Using YuandDan's figures;

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

The first year cost for the K-3 are $486; for the CR-1 it is $825. Add on $340 for the EAD, and it is $826 for the K-3 with work authorization.

Every case is different. The OP wants to minimize expenses this year, so the K-3 with EAD (and not fililng AOS) makes the most sense unless he can convert to the CR-1.

In our case, we waited to file for AOS because Rin did not work. By waiting until a few months before our 2nd wedding anniversary, we were able to obtain a 10 yr GC. Total cost from filing to ten year GC - $1,496. Had she gone the CR-1 route, it would have been the $825 plus the lifting of conditions - another $545 - $1,370 total. Of course our decision was in 2006 when K-3s were taking 6 months from filing to entry and CR-1s were taking almost a year and the time was more important than the cost considerations.

[I Miss Her 0]

Hey all B)

Our goal is to have our interview mid-April. But because of finances, my wife and step-daughter will not be able to come home probably until June.

My question is ... after she receives the visa, do I have to wait until she enters the country to file the paperwork to get her work card ... or can I file it right away? If so, when she gets here, 2 out of the 3 months of waiting will have already passed ...

Thanks for your input

You have to wait until your spouse comes here to file paper works for work authorization.