Concurrent filing incl. EAD -- reality check on time until I can work?

[DandT14 272]

So, you answered to officer truthfully stating you are a spouse of a USC and you are going to live there and he just let you in?

She didn't say that. She said she that the last time she entered she still intended to go back and forth and still had a job in Canada.

Edited August 5, 2012 by DandT14

[Que Saudade 284]

She didn't say that. She said she that the last time she entered she still intended to go back and forth and still had a job in Canada.

That reply was 3 posts after my question, not before.

Edited August 5, 2012 by Que Saudade

[ValerieA 350]

That reply was 3 posts after my question, not before.

Hate to quibble, but your comment that was quoted was post #14, at 2:20, edited at 2:25. The post by the OP about crossing multiple times was post #13, posted at 2:20, never edited.

We don't need to judge something that has already happened. The OP did not have intent, even if they did, it is immaterial unless there are other negative factors. It has nothing to do with the original question posted.

[Harpa Timsah 13,258]

Well, actually, the OP's prior post in another thread did say "Hey I am getting married in the US and then I am doing the I-130/I-485." She says she will say she doesn't have intent to stay, but intent to file this package is intent to stay, so I don't get it.

http://www.visajourney.com/forums/topic/348358-us-citizen-marrying-canadian-citizen/page__view__findpost__p__5398588

[ValerieA 350]

Yeah, I can understand that interpretation. I read it as OP did not realize what a concurrent filing of I-130 and I-485 meant, since they were going to keep their current job in Canada - not sure of any employer that is OK with a 3-month vacation . Either way, it is immaterial to the question asked - which is how long will it take to get an EAD?

[DandT14 272]

Well, actually, the OP's prior post in another thread did say "Hey I am getting married in the US and then I am doing the I-130/I-485." She says she will say she doesn't have intent to stay, but intent to file this package is intent to stay, so I don't get it.

http://www.visajourney.com/forums/topic/348358-us-citizen-marrying-canadian-citizen/page__view__findpost__p__5398588

Ah, I have to admit I often don't pay attention to who's posting what in other threads. I sort of see each one on it's own until someone annoys me.

I agree, intent to file AOS is intent to stay, since you have to stay to file AOS.

[DandT14 272]

That reply was 3 posts after my question, not before.

Actually, the post of yours I quoted immediately followed the OP's post saying that. Not that it really matters. But I did read them in order, I promise.

[jasonofape 17]

Yeah, I can understand that interpretation. I read it as OP did not realize what a concurrent filing of I-130 and I-485 meant, since they were going to keep their current job in Canada - not sure of any employer that is OK with a 3-month vacation . Either way, it is immaterial to the question asked - which is how long will it take to get an EAD?

So what you are saying is that it is ok that I go ahead and plan my wedding with my fiancé, have her come over, get married, leave to fulfill the I didn't lie part, come back and we file an adjustment based off tourist visa and not CR1? All the while she can look ahead for a job and worry about EAD less than 2 weeks after filing? What part of that is not strange? I would be willing to bet she didn't tell the CBP officer, oh yeah and I am looking for a job. Sorry, I read the other post, they most certainly planned this event well in advance. She even claimed to start moving her personal belongings prior to the wedding. Here you go Canadians, this is how to take the wait out of the process.

[Que Saudade 284]

Actually, the post of yours I quoted immediately followed the OP's post saying that. Not that it really matters. But I did read them in order, I promise.

No worries. I digress and apologize to the OP for any judgmental remarks on my part. I bow out of this.

[ValerieA 350]

Edited to remove an answer that was totally off the topic of this thread. Sorry for failing to follow my own !

Edited August 6, 2012 by ValerieA

[DandT14 272]

I don't know where the OP lives, but if she lives near the border she may very well have planned on going back and forth a few times. I know someone in Minnesota that goes to Canada regularly because he likes Canadian ladies. For people who live close, it's no big deal to cross several times.

I agree if she said that she planned on getting married and then adjusting status then she had to have immigrant intent. But if I'm understanding her correctly, she's saying she didn't have the intent quite yet. It was going to be after some other border crossing. Maybe you don't believe her, but that's what she's saying, as far as I can tell.

[jasonofape 17]

I'm in a similar situation. I'm Canadian, he's American. We are marrying on July 1st in the US. On the advice of a personal acquaintance who works with US Immigration, we plan to file I-130 & 1-485 right after the wedding. Because we both live within an hour of border, getting back and forth is not a big deal or big expense.

I will maintain a permanent address in Canada, have a Canadian employer (though will just happen to be on vacation so I can stay awhile after the wedding), so will not have intent to STAY in the US when I cross for the wedding. As far as I can tell this route is totally fine, it's the cheapest and fastest. It's just that everyone else I talk to live futher away from the border, so it's not economical to cross the border and not stay for an extended period of time. Our immigration-office friend said that as long as I cross the border legally and truthfully every time, I'm good to go.

Does anyone in this situation have any warnings?

Also, I'm hoping to move my things down there in advance of the wedding. I know that legally I can bring all sorts of used personal/household effects in with me so long as I don't plan to over-stay my allowed time. Snowbirds do this all the time. Even though I know it's totally legal, I'm nervous that I'll say the wrong thing or get a grumpy border guard (though that pretty much never happens in Vermont!) Anyone with constructive suggestion?

How is this NOT intent to immigrate without going through the proper process? Is it because she will wait out the time period in Canada until she adjusts status?

[DandT14 272]

How is this NOT intent to immigrate without going through the proper process? Is it because she will wait out the time period in Canada until she adjusts status?

I agree that's what it looks like. Maybe I'm being too generous with the benefit of the doubt here, but I read that post as being from someone who doesn't fully understand the process. It seems like she thought she could keep living in Canada and crossing back and forth while filing AOS. Then "officially" move to the US after it was all done.

It's clear she intended to move here at some point. She's just saying she hadn't intended to do it yet.

[mccbsimon 5]

I agree that's what it looks like. Maybe I'm being too generous with the benefit of the doubt here, but I read that post as being from someone who doesn't fully understand the process. It seems like she thought she could keep living in Canada and crossing back and forth while filing AOS. Then "officially" move to the US after it was all done.

It's clear she intended to move here at some point. She's just saying she hadn't intended to do it yet.

seems somewhat similar to our situation. my wife was refused at the border as we drove from Kansas to Canada. i returned to Canada as i was told to according to my B-1 visa. i then later decided to travel back to visit my wife and then later on down the road realized what we wanted to do and here i am AOS'ing in the US. my intentions were not to avoid ANYTHING by an means. we simply had no idea WHAT we were doing and had no idea WHAT we WERE going to do. but again, decided to go the route we are now VIA AOS in the USA.

[vip1 8]

Regardless of whether or not she had intent, the reality is that she already here and she already filed. As long as she didn't as she doesn't leave the country and has no other negative factors she should be ok.

To answer your question, I received my EAD card around 20 days after my bio appointment. If I were you I would wait for the bio appointment and calculate around a month after that. Good Luck!!