Scary Work Permit

[xavos 0]

Hello to everybody,

I guess my story is pretty much similar to almost everybody on the forum.

I am from France, married to a US citizen. I received my K3 visa recently, and will fligh to the USA (Charlotte) on April 5th.

I will have to apply to an AOS and to a work permit once in the USA.

I was reading the different messages, and it always says how long it can take to get a work permit. That's scary... I mean I already have some job perspectives, isn't their any way of getting it faster? I was reading on a message someone talking about the interim EAD, what is the process of application? Do I need to apply 1st for the EAD and then for the interim EAD, or it doesn't matter?

Can I go to the local office (in Charlotte) and get the EAD straight from them?

Right now processing dates in the benefits center say November 17th, which is over 3 months... Why would they complain that foreigners get jobs under the table then. That's really scary...

Thank you for your help, and good luck to everybody!!!

Xavos

[ChristinaM 0]

Xavos,

Firstly, you cannot apply for an interim EAD until 90 days after receipt of your EAD application. The purpose of it is to ensure that you don't wait too long for work authorisation.

There is no way to expedite an EAD. It's unfortunate that it takes the amount of time it does, but it's something which you have to accept when immigrating to the US - the wheels of bureaucracy turn slowly!

Ideally, you don't want to enter the US until you have some money saved up to cover the period of time in which you can't work. That's easier said than done though, and you'll be in the same position as many on here, stuck in limbo. I really wouldn't recommend working under the table, but that's just my opinion.

Another way to go for you, as you're already married, is to look into DCF and obtaining either a CR-1 or IR-1 visa (depending on how long you've been married). I don't know if that's a viable option for you, and I'm sure that someone with more knowledge will guide you in the right direction. A CR-1 or IR-1 would allow you to work immediately upon entry, although since you've received your K3 it seems a shame to wait out the processing again.

Patience is the key in this game, and sometimes it a real pain in the #######.

[meauxna 15]

Another way to go for you, as you're already married, is to look into DCF and obtaining either a CR-1 or IR-1 visa (depending on how long you've been married). I don't know if that's a viable option for you, and I'm sure that someone with more knowledge will guide you in the right direction. A CR-1 or IR-1 would allow you to work immediately upon entry, although since you've received your K3 it seems a shame to wait out the processing again.

Since the OP already has the K-3 visa, there is an I-130 out there somewhere for him/her, so no need to DCF one. If immediate work authorization at entry is very important to them, they have the option of waiting at home for the I-130 to reach an Immigrant Visa appointment, or coming over on the K-3 and returning to the home country to do the IV interview.

There's no way to get a faster EAD if they enter with the K-3---that's going to be a 3-4 month wait.

[xavos 0]

Thanks for your replies,

I was reading on a website that it's possible to go to the local office, and to apply in person for the AOS. then the status is c.9. (aliens filing a family-based application for adjustment of status); and you can get the EAD immediately. Did somebody go through that? Is it accurate?

If I have to wait 3 months, I'll do it, but I want to explore all the possible options, if some... Better now than once in the US.

I know I could wait for the CR1, but we have a little girl, and I cannot wait longer to see my wife and her again. Even if it requires 3 months of non-working time...

Thanks again!!

Xavos

[ChristinaM 0]

All paperwork is sent and processed through the Chicago lockbox now; you can't go and "hand it in" to get EAD quicker I'm afraid

You can only go to the local office for an EAD if the processing time exceeds 90 days - that is to say, if it's longer than 90 days from the receipt date of a correctly filed EAD application before you receive the EAD itself, you can go to your local office and they will give you an "interim EAD".

Sorry to hear that you're away from your little girl; I wish you the best of luck in getting reunited and a swift process.