Whats the real deal with K3s and EAD?

[Created 6]

Are there any experts out there with up-to-date knowledge on how to and how long it takes to get EAD so that we can get to work? It seems like there is a big push to get spouses into the US, but then you can't work for weeks- yes I know that's why we produce the support evidence, but does anyone have a more updated picture than the FAQs which is quite out of date? Responses appreciated.

[Kez/JWolf 6]

Most EAD are taking 90 days+ to be approved after you receive the Notice of Action.... if you have not received it after 90 days you can go to your local USCIS office and apply for an interim EAD...

Hope this helps

Kezzie

[meauxna 15]

Are there any experts out there with up-to-date knowledge on how to and how long it takes to get EAD so that we can get to work? It seems like there is a big push to get spouses into the US, but then you can't work for weeks- yes I know that's why we produce the support evidence, but does anyone have a more updated picture than the FAQs which is quite out of date? Responses appreciated.

What's the question? The K-3 *is* to get the foreign spouse reunited with the US spouse asap (see LIFE Act legislation). The 'push' comes from the person who elects that option, not from USCIS.

If you want immediate work authorization, you have the option to wait for the Immigrant Visa.

K-3s have to apply for EAD because that's the way the law was written. EAD takes 3-6 months to receive.

[Created 6]

Are there any experts out there with up-to-date knowledge on how to and how long it takes to get EAD so that we can get to work? It seems like there is a big push to get spouses into the US, but then you can't work for weeks- yes I know that's why we produce the support evidence, but does anyone have a more updated picture than the FAQs which is quite out of date? Responses appreciated.

What's the question? The K-3 *is* to get the foreign spouse reunited with the US spouse asap (see LIFE Act legislation). The 'push' comes from the person who elects that option, not from USCIS.

If you want immediate work authorization, you have the option to wait for the Immigrant Visa.

K-3s have to apply for EAD because that's the way the law was written. EAD takes 3-6 months to receive.

You have not read the question correctly.............I'm not questioning the need for EAD, just want to know how long it takes, VJ FAQ's suggests that there are two routes, applying directly to Chicago, or filing for AOS, which you need NOA2 from the I-130 to do, and going to the local office.

If anyone is currently going through either of these routes, could you please share your experiene/knowledge.

[Yodrak 7]

RMHurd,

The FAQs could use some updating, but it is not the purpose of the FAQs to give timeline information - see the Immigration Timelines link for that.

And a K3 does not need an approved I-130 to apply for adjustment of status.

Yodrak

Are there any experts out there with up-to-date knowledge on how to and how long it takes to get EAD so that we can get to work? It seems like there is a big push to get spouses into the US, but then you can't work for weeks- yes I know that's why we produce the support evidence, but does anyone have a more updated picture than the FAQs which is quite out of date? Responses appreciated.

What's the question? The K-3 *is* to get the foreign spouse reunited with the US spouse asap (see LIFE Act legislation). The 'push' comes from the person who elects that option, not from USCIS.

If you want immediate work authorization, you have the option to wait for the Immigrant Visa.

K-3s have to apply for EAD because that's the way the law was written. EAD takes 3-6 months to receive.

You have not read the question correctly.............I'm not questioning the need for EAD, just want to know how long it takes, VJ FAQ's suggests that there are two routes, applying directly to Chicago, or filing for AOS, which you need NOA2 from the I-130 to do, and going to the local office.

If anyone is currently going through either of these routes, could you please share your experiene/knowledge.

[meauxna 15]

Are there any experts out there with up-to-date knowledge on how to and how long it takes to get EAD so that we can get to work? It seems like there is a big push to get spouses into the US, but then you can't work for weeks- yes I know that's why we produce the support evidence, but does anyone have a more updated picture than the FAQs which is quite out of date? Responses appreciated.

What's the question? The K-3 *is* to get the foreign spouse reunited with the US spouse asap (see LIFE Act legislation). The 'push' comes from the person who elects that option, not from USCIS.

If you want immediate work authorization, you have the option to wait for the Immigrant Visa.

K-3s have to apply for EAD because that's the way the law was written. EAD takes 3-6 months to receive.

You have not read the question correctly.............I'm not questioning the need for EAD, just want to know how long it takes, VJ FAQ's suggests that there are two routes, applying directly to Chicago, or filing for AOS, which you need NOA2 from the I-130 to do, and going to the local office.

If anyone is currently going through either of these routes, could you please share your experiene/knowledge.

How did I misread your original question? You asked how long it takes to get an EAD, and I answered.

Now you've changed your question and are including two versions of the same thing.

AOS gets filed to Chicago. EAD application gets filed to Chicago. They are all thrown into one pool. There is no more local filing of AOS or of anything.

Either way, it's still taking 3-6 months to get an EAD. You are not entitled to an interim EAD until 90 days past your biometrics appointments, according to a lot of others' experiences.

If you find an error in the FAQ, suggest you report it to Admin.

[BR549 0]

I know that it seems silly about making us wait to get the EAD and you have a legitimate gripe there. But not everything in the immigration process makes sense. As for how long it takes........... well there doesn't seem to be a big difference in the timeline for approval between filing for EAD with AOS or by itself. the only reason you would apply for it by itself is because you are planning to go back to your home country for the cr1 interview etc. You can apply for EAD as soon as you have the k-3 visa in your hand.

The timeline right now is right around 90 days but you can keep checking the uscis processing times site. They update it about once every two weeks.

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

[Created 6]

I know that it seems silly about making us wait to get the EAD and you have a legitimate gripe there. But not everything in the immigration process makes sense. As for how long it takes........... well there doesn't seem to be a big difference in the timeline for approval between filing for EAD with AOS or by itself. the only reason you would apply for it by itself is because you are planning to go back to your home country for the cr1 interview etc. You can apply for EAD as soon as you have the k-3 visa in your hand.

The timeline right now is right around 90 days but you can keep checking the uscis processing times site. They update it about once every two weeks.

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

Thanks Driehuis, I know realise it's a processing issue, we had explored the K1 process, and found ourselves down the K3 road - didn't realise until someone enquired about EAD at JFK POE that it didn't apply to K3s also.

[Married_my_love 0]

You can apply for EAD as soon as you have the k-3 visa in your hand.

Does that mean I can mail my husband's app in before he even enters the US? ie, he gets his k3, he stays in canada works a bit longer, while the ead processing is taking place?

[meauxna 15]

You can apply for EAD as soon as you have the k-3 visa in your hand.

Does that mean I can mail my husband's app in before he even enters the US? ie, he gets his k3, he stays in canada works a bit longer, while the ead processing is taking place?

No, I think dridhuis misposted. The visa is nothing more than a ticket to appear at the gate (border). Until the K-3 is admitted to the US, they have no standing to apply for an EAD.

Since the K-3 is multiple entry though, if you wanted to do this (why not just wait for the Imigrant Visa tho?), the K-3 could be admitted, put in the EAD app and go back home to work more.

[BR549 0]

Yeah i'm sorry. I guess I assumed that everyone would rush to the border and activate the k-3 like we are going to do. The I-94 record is part of the documentation that needs to be included in the EAD application. And you have to get that crossing the border. As soon as you have the I-94 you can send your application.

[Yodrak 7]

driehuis,

No, you cannot. A person cannot apply for EAD as a K3 until they are in the USA in K3 status.

Alternatively, a K3 can apply for EAD on the basis of adjustment. (Two different bases for EAD - be sure to select the correct one on the application.)

Yodrak

.... You can apply for EAD as soon as you have the k-3 visa in your hand.

....

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

[Created 6]

driehuis,

No, you cannot. A person cannot apply for EAD as a K3 until they are in the USA in K3 status.

Alternatively, a K3 can apply for EAD on the basis of adjustment. (Two different bases for EAD - be sure to select the correct one on the application.)

Yodrak

.... You can apply for EAD as soon as you have the k-3 visa in your hand.

....

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

The good news is, that processing times fluctuate and we can always be hopeful - I was encouraged by checking the old processing times.....of course they can to up, but they can also go down. It is also not so practical or cost effective for those of us further away than Canada to travel backwards and forwards - the UK is a real hike! I will glad to be with my husband, the rest.........we can at plan and save for the EAD waiting period.