Fastest way to get EAD? K3 and adjust status and apply for EAD?

[dthom 0]

Hello

My husband currently has a valid b1/b2 visa with which he has entered the US twice. He is currently working in India and I am going to apply for his 1 130. Now the thing is we are looking at getting him an EAD at the earliest and was wondering what the best possible way for this is?

1. I initially thought the only way to do it was to apply for his I 130, and he would have to wait till it gets approved and then do the interviews in India and wait for his green card. Is this the case?

2. Today I read about the K3 visa with which he could enter the US in about 6 months (he's looking to come in Dec), and then we could do an adjustment of status(i485) and apply for his EAD. But i also read the K3 visa being abolished or something and wasnt sure what that meant.

3. the reason we want the EAD at the earliest is cos he wants to get into a fellowship which starts in May/June 2010. So, please advice on whether to go the K3 route (if that's even an option) or the IR-1 route.

P.S- the EAD is more key than green card.

[Darnell 8,478]

June 2010? What ?

[dthom 0]

Sorry

I'll re write my question

Hello

My husband currently has a valid b1/b2 visa with which he has entered the US twice. He is currently working in India and I am going to apply for his 1 130. Now the thing is we are looking at getting him an EAD at the earliest and was wondering what the best possible way for this is?

1. I initially thought the only way to do it was to apply for his I 130, and he would have to wait till it gets approved and then do the interviews in India and wait for his green card. Is this the case?

2. Today I read about the K3 visa with which he could enter the US in about 6 months (he's looking to come in Dec), and then we could do an adjustment of status(i485) and apply for his EAD. But i also read the K3 visa being abolished or something and wasnt sure what that meant.

3. the reason we want the EAD at the earliest is cos he wants to get into a fellowship which starts in May/June 2011. So, please advice on whether to go the K3 route (if that's even an option) or the IR-1 route.

4. If we went the K3 route, how long does it approximately take to get the EAD?

5. If we went the IR/CR1 route, and he passes the interview, can he enter the US as soon as his passport is mailed to him? or does he have to wait till the GC gets mailed to him?

6. IF he can enter the US rite away without the GC, can he work immediately?

7. Finally, I hear the K3 is more expensive. what is the approximate difference in cost between the two routes?

P.S- We are looking for the quickest route for him to be able to work here in the US.

[Darnell 8,478]

So - planned jump date is May 2011? Yes?

IMO - if you file the I-130 this week, ignore the I-129F completely, then he'd have an interview in March or April, 2011 - perhaps even sooner, coming in with a CR-1 visa. CR-1 visa holders are eligible to work immediately, once they have a SSN. He'll get a stamp in his passport that validates his CR-1 visa as a 'temporary I-551 document', which is, in effect, a temporary green card. Needs that to work, actually.

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

IMO, even if the K-3 was still available to you , it's more expensive - click the links, read them, put pencil to paper, do some maths, you'll see that.

Edited July 23, 2010 by Darnell