I-796 process

[JillJ 0]

I asked this in another thread, but thought maybe it's best to begin anew ............

My fiance is going for his K1 interview on Nov. 2 in Vancouver. Assuming it is approved, can he file for the EAD BEFORE he moves to the US? He is concerned about a smooth transition with work and would like to continue working in Canada prior to this approval. We are really not sure that moving to the US and then waiting the 3 months for approval will allow it to be possible to keep his current job. The company would prefer he transfer as quickly as possible, which is obviously beyond our control with the work authorization.

From what I've read, it seems he needs to go through the POE and obtain the I-94 to provide with the EAD application. I actually called the USCIS about this today and was told he can file BEFORE moving.

Obviously, confused on this.

If he does need to move before filing, would we be able to get married ASAP, file for the AOS and EAD together, and then have him fly back to Canada to continue working until approval? I know the K1 is a one-entry only visa, so just wondering if there are any ways around it.

Any help or suggestions are much appreciated!! This is rather stressful and confusing to both of us.

[Bobby+Umit 161]

I would not recommend that.

Assuming it is approved, can he file for the EAD BEFORE he moves to the US?

The EAD will only be good for 90 days (the amount of time the K-1 grants - and you will have to get a new one when you file for the AOS (waste of money IMO) - plus, the processing time will probably only give you 1 month of use or so.

If he does need to move before filing, would we be able to get married ASAP, file for the AOS and EAD together, and then have him fly back to Canada to continue working until approval?

You would have to wait for the AOS to be filed - and to get the EAD/AP before he can leave the US - if he leaves without the AP permission, the AOS is null. (so he would have to wait the 3 months it may take to get)

Your best bet would of been to file for the CR-1 - but that's mote now.

I know the K1 is a one-entry only visa, so just wondering if there are any ways around it.

Do not attempt to circumnavigate the restrictions of the K-1 or the AOS - it may end in tears.

Question - will he be transferring to an US company? or continue working in Canada after he gets the GC?

[Gosia & Tito 199]

I asked this in another thread, but thought maybe it's best to begin anew ............

My fiance is going for his K1 interview on Nov. 2 in Vancouver. Assuming it is approved, can he file for the EAD BEFORE he moves to the US? He is concerned about a smooth transition with work and would like to continue working in Canada prior to this approval. We are really not sure that moving to the US and then waiting the 3 months for approval will allow it to be possible to keep his current job. The company would prefer he transfer as quickly as possible, which is obviously beyond our control with the work authorization.

From what I've read, it seems he needs to go through the POE and obtain the I-94 to provide with the EAD application. I actually called the USCIS about this today and was told he can file BEFORE moving.

Obviously, confused on this.

If he does need to move before filing, would we be able to get married ASAP, file for the AOS and EAD together, and then have him fly back to Canada to continue working until approval? I know the K1 is a one-entry only visa, so just wondering if there are any ways around it.

Any help or suggestions are much appreciated!! This is rather stressful and confusing to both of us.

On A K-1, you can only adjust after marriage. Then it is possible to file the AOS and EAD together, but stats reflect that EAD can take 2-3 months. Thus, for example, if you would marry same day he arrives, and file next day (not usually possible because you need the marriage certificate recorded), then it would be 2-3 months before you have EAD.

It is possible to file for EAD earlier (as they told you, BEFORE moving), but that EAD will only be valid for the duration of the K-1 (90 days) and it is usually advised against because the EAD would be approved and come AFTER the 90 days have expired, rendering it useless.

The only way to have EAD at arrival is with CR-1, which is for people marrying in the home country of the non USC and then petition him/her. Seems you are in the K-1 interview stage and going the CR-1 would mean withdrawing K-1 and start over. CR-1 take about same time as K-1s.

Sorry to say that it looks like he would need to be off work for 2-3 months.

[JillJ 0]

Thanks for the quick reply - all of your answers are what I suspected.

He works for a US company now, in Canada, so he will just be transferring locations. However, if he does not transfer seamlessly, he will be forced to quit in Canada, re-apply here. They have told him that his current pay/benefits/holiday time/etc MAY be held up re-application, but it's not guaranteed. He is working with HR to see what he can do, but we are just exploring all of our options.