Options once got K-3 Visa

[sheraz 0]

The website gives clear guidelines. Apply I130, K3, come to US and apply EAD, AOS. EAD takes 90 days at least and SS# takes three weeks. 99% of employers and schools require SS# so no work can be done in the interim as it is illegal to work without EAD. In state tution is for residents. K3 visa holders are not residents. Residents are 'Permanent residents' . So tution is out of state.

This is no general info, its very specific. The spouse coming to US is the best benefit.

[meauxna 15]

ps: i have been given, as a newbie, some false advice...some pm me saying they want to help, i have written personal info, they never replied back...I do not think, not knowing the person, more that 1 or 2 posts, you can promise, to a newbie, yup, i insist, you can help....this is wrong...

hi knowledge, I'm glad we understand each other now!

About this post above---I'll put my usual 'advise' for internet users here. It is not a good idea to solicit or accept immigration help in private (PMs email chat etc). When you post your questions and answers to the boards, incorrect info can be corrected, other readers can benefit from the dialogue and learn something that helps them (that is the purpose of these kinds of discussion boards!) and both the reader and the writer are better protected.

It's just not a good idea to give or take immigration information in private.

[meauxna 15]

Thank you so much Meauxna, it's really appreciated the effort you made to understand my question; and I agree, i have to explain more; it's a work of adjusting to each other's languages or way of thinking; and you just posted the words that i was searching. So, that's "cool" lol to me if at least I might have a chance to go to school during that waiting time, wow! awsome!...i like this english word!...

Thanks again, it was really important to me as in this big change in life, one must plan in advance!....prepare for every type of situation.

It sounds like contacting the school is your next step. When you do, find out if you can be counted as a local resident based on your husband's residence. If they treat you as a non-resident student or international student, the tuition fees will be VERY high in comparison, so that is what you should try to avoid.

Also, it should not be a requirement that you have a SS# to enroll as most students can't get one now either, so ask them questions.

I admire all your planning--I think it makes for a happier transition, too! Awesome even!

Now I'm just curious.. where are you moving from?

In state tution is for residents. K3 visa holders are not residents. Residents are 'Permanent residents' . So tution is out of state.

Actually, I don't think that is correct everywhere; it is worth checking out the specific school one wants to attend.

Example: 'resident' means one thing to CIS, another thing to IRS and DMVs.

[meauxna 15]

another conversation in another thread about this exact subject has taken place, i have heard that is possible to obtain....but i do not remember when, i have read so much forms etc to get accustomed and understand this abstract process...I'm a researcher in my profession, so i have to stay open...and i already come to the conclusion from the above reactions, that it might be possible that this possibility does not exist....

What confused me is that the temp work permit exists only as an extension after the 90 days...so i was wondering if this can exist before...included in the 90 days frametime of waiting

It sounds as if you read a recent thread talking about a K-1s employment authorization. They *do* have the ability to get a special work permit in their first 90 days.

K-3s do not have this option.

[Matcoody 0]

It sounds as if you read a recent thread talking about a K-1s employment authorization. They *do* have the ability to get a special work permit in their first 90 days.

K-3s do not have this option.

Meauxna, just out of curiosity, what is the rationale for this distinction?

Cat

[Our Mao 0]

I have a question about EAD. I'm a newbie too so please be nice. We are submitting our I-129F next Monday so it'll be a while until I get my K-3 but when I do get it, do I have the option of going to the US right away or wait a bit? Once I get into the US, I will not be able to work until I have the EAD approved (which will take 3 months minimum). My husband and I do not want me to be sitting there doing nothing. (We have a hefty mortgage in the US.) My question is: Is it possible to get the K-3, file the EAD while I'm still in Canada, wait for 3 months until it's almost time for it to be approved and then fly to ths US? Please advise Thanks!

[bhangrabob 0]

I have a question about EAD. I'm a newbie too so please be nice. We are submitting our I-129F next Monday so it'll be a while until I get my K-3 but when I do get it, do I have the option of going to the US right away or wait a bit? Once I get into the US, I will not be able to work until I have the EAD approved (which will take 3 months minimum). My husband and I do not want me to be sitting there doing nothing. (We have a hefty mortgage in the US.) My question is: Is it possible to get the K-3, file the EAD while I'm still in Canada, wait for 3 months until it's almost time for it to be approved and then fly to ths US? Please advise Thanks!

I'm pretty new, too, so I can't tell you for sure it can be done, but maybe I can make a suggestion. I'm sure somebody who knows better will tell you if I'm full of @#$%.

A plus to this idea would be that with the K-3 in hand you could visit your husband in the US without a problem (since it's a multiple entry visa) while you wait for the EAD to kick in.

But if you could stand an extra three month separation waiting for that, why not consider just going for a CR-1/IR-1 so you can avoid messing with the EAD/AOS hassle completely? You wouldn't be able to visit in the meantime, but in the end it might be a cheaper and less complicated option.

Peace (and welcome!)

Bob

Edited August 18, 2006 by bhangrabob

[knowledge 0]

ps: i have been given, as a newbie, some false advice...some pm me saying they want to help, i have written personal info, they never replied back...I do not think, not knowing the person, more that 1 or 2 posts, you can promise, to a newbie, yup, i insist, you can help....this is wrong...

hi knowledge, I'm glad we understand each other now!

About this post above---I'll put my usual 'advise' for internet users here. It is not a good idea to solicit or accept immigration help in private (PMs email chat etc). When you post your questions and answers to the boards, incorrect info can be corrected, other readers can benefit from the dialogue and learn something that helps them (that is the purpose of these kinds of discussion boards!) and both the reader and the writer are better protected.

It's just not a good idea to give or take immigration information in private.

Yes, i have learned my lesson, it was not a good idea to accept; i was telling my hubby then that i did not feel confortable with what the person was saying.

[meauxna 15]

It sounds as if you read a recent thread talking about a K-1s employment authorization. They *do* have the ability to get a special work permit in their first 90 days.

K-3s do not have this option.

Meauxna, just out of curiosity, what is the rationale for this distinction?

Cat

Only if you tell me about your nickname!

The only 'reason' this happened is that when the law was written, K-3s were not given 'employment authorization incident to status' as the K-1s had been in the way back when.

The K-3 was a hastily written piece of work from what I have gathered, and understanding its history helps understand its use a little. Back when, I-130s regularly took up to 3 years to get approved. Clearly that is too long to be separated from one's spouse. I presume that someone smooshed two processes together to come up with it---as I said elsewhere, the attitude seemed to be 'hey, be happy you can have your spouse with you in the US', not 'hey, let's fix this problem'.

In the past year, a promise was made to users of the system that cases would be adjudicated within six months, and believe it or not, they are doing a really good job at meeting that goal.

The K-3 isn't really a Best Option in my book, unless as bhangrabob (another good nick!) suggests, you use it for visits if you still have to work in your home country. People from some countries find that they have an easier time passing through a K interview, or in some cases, it is just faster to get a k interview than an IV interview (Mexico for example). It's not fair that people are cut off from the proper immigrant visa processing by such long wait apart. The NVC may have made life easier for the consulate, but not the users.

It really depends on the family---there are many ways to put the immigration puzzle together.

All of the above is a really long winded way of saying "Because".

And I just added in a bunch--if what I wrote does not make sense, please ask me to clarify.

[meauxna 15]

My question is: Is it possible to get the K-3, file the EAD while I'm still in Canada, wait for 3 months until it's almost time for it to be approved and then fly to ths US? Please advise Thanks!

Sure, you could do this. You can also just wait for the Immigrant Visa, or use the K-3 to visit (and file that EAD while you're there!).

The k-3 does give you a lot of flexibility to be between both countries.

[knowledge 0]

Thank you so much Meauxna, it's really appreciated the effort you made to understand my question; and I agree, i have to explain more; it's a work of adjusting to each other's languages or way of thinking; and you just posted the words that i was searching. So, that's "cool" lol to me if at least I might have a chance to go to school during that waiting time, wow! awsome!...i like this english word!...

Thanks again, it was really important to me as in this big change in life, one must plan in advance!....prepare for every type of situation.

It sounds like contacting the school is your next step. When you do, find out if you can be counted as a local resident based on your husband's residence. If they treat you as a non-resident student or international student, the tuition fees will be VERY high in comparison, so that is what you should try to avoid.

Also, it should not be a requirement that you have a SS# to enroll as most students can't get one now either, so ask them questions.

I admire all your planning--I think it makes for a happier transition, too! Awesome even!

Now I'm just curious.. where are you moving from?

Wow! Awesome Meauxna!!! I'm looking in the sky to see from where an Angel like you is talking! Are you a psychic, reading my mind, this was the exact info i was trying to figure out about the edu., actually the project is high edu. How much do you charge for this precious consultation??? Thank you so much!

To answer your question, I'll be moving from Canada, i'm a citizen of many years, but of origins where people have been opressed, genocide, etc...etc..speak a couple of languages...and still has to improve a lot my english.

In state tution is for residents. K3 visa holders are not residents. Residents are 'Permanent residents' . So tution is out of state.

Actually, I don't think that is correct everywhere; it is worth checking out the specific school one wants to attend.

Example: 'resident' means one thing to CIS, another thing to IRS and DMVs.

Thank you so much Meauxna, it's really appreciated the effort you made to understand my question; and I agree, i have to explain more; it's a work of adjusting to each other's languages or way of thinking; and you just posted the words that i was searching. So, that's "cool" lol to me if at least I might have a chance to go to school during that waiting time, wow! awsome!...i like this english word!...

Thanks again, it was really important to me as in this big change in life, one must plan in advance!....prepare for every type of situation.

It sounds like contacting the school is your next step. When you do, find out if you can be counted as a local resident based on your husband's residence. If they treat you as a non-resident student or international student, the tuition fees will be VERY high in comparison, so that is what you should try to avoid.

Also, it should not be a requirement that you have a SS# to enroll as most students can't get one now either, so ask them questions.

I admire all your planning--I think it makes for a happier transition, too! Awesome even!

Now I'm just curious.. where are you moving from?

Wow! Awesome Meauxna!!! I'm looking in the sky to see from where an Angel like you is talking! Are you a psychic, reading my mind, this was the exact info i was trying to figure out about the edu., actually the project is high edu. How much do you charge for this precious consultation??? Thank you so much!

To answer your question, I'll be moving from Canada, i'm a citizen of many years, but of origins where people have been opressed, genocide, etc...etc..speak a couple of languages...and still has to improve a lot my english.

In state tution is for residents. K3 visa holders are not residents. Residents are 'Permanent residents' . So tution is out of state.

Actually, I don't think that is correct everywhere; it is worth checking out the specific school one wants to attend.

Example: 'resident' means one thing to CIS, another thing to IRS and DMVs.

ops again, i answered in the wrong place...there where i'm dancing...How these buttons work? they are a bit too many for me...lol

[knowledge 0]

My question is: Is it possible to get the K-3, file the EAD while I'm still in Canada, wait for 3 months until it's almost time for it to be approved and then fly to ths US? Please advise Thanks!

Sure, you could do this. You can also just wait for the Immigrant Visa, or use the K-3 to visit (and file that EAD while you're there!).

The k-3 does give you a lot of flexibility to be between both countries.

Awsome! I have the same thought also Ada....and thanks again Meauxna!!!!

Also, thanks for the clarification of y our statement related to K-1 where such possibility is possible lol...now i know from where i have heard of or read about!...

[Yodrak 7]

meauxna and ada,

A K3 has to include a copy of their I-94 if filing as (a)(9), or a copy of their filed I-485 (or together with I-485) if applying as a (c )(9) family-based applicant for adjustment.

Either way, they have to enter the USA before they can apply for EA.

Yodrak

My question is: Is it possible to get the K-3, file the EAD while I'm still in Canada, wait for 3 months until it's almost time for it to be approved and then fly to ths US? Please advise Thanks!

Sure, you could do this. ....

[Matcoody 0]

meauxna and ada,

A K3 has to include a copy of their I-94 if filing as (a)(9), or a copy of their filed I-485 (or together with I-485) if applying as a (c )(9) family-based applicant for adjustment.

Either way, they have to enter the USA before they can apply for EA.

Yodrak

Yodrak, since the K-3 is a multiple entry visa, she can come in and apply then go back for the 3 month wait, right?

And meauxna, I was going to mention your nick as well. If you don't mind saying it here, is your real first name Mona, or even better, is it actually meauxna?? Even with a few years of French in school it took me a few posts for the pronunciation of your name to sink in. Don't you hate it when you see a screen name and you can't figure out how in Heaven's name it's meant to be said?

My nick is my e-mail account name. My name is Catalina Moody, and honestly the answer is as simple as when I signed up for my e-mail account I couldn't find a name that wasn't bloody taken, so I switched up my initials. Not a very clever story, really. I should have made up something much better!

Cat

Edited August 19, 2006 by Matcoody

[Reba 2]

For a Canadian with K3 to go back home to wait on the EAD, you'll have to come back at least once during the 3 month wait for the biometrics fingerprinting.

that does add considerably to your expenses, depending where in the US you're moving to, and where in Canada you live now. That's 2 trips just to wait on the EAD (once to get the I-94 at POE, and once for biometrics). You may find that either just moving and waiting it out, or waiting for the CR1/IR1 visa is less costly.