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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi all - first time poster.

So my fiance and I applied for our K1 last year and I was recently approved and am in Canada awaiting for it to be processed (a few days), then will head to the US next week with the new visa and get married!

Here is the issue: I was actually issued a TN last year AFTER we had applied for the K1. We never used a lawyer, so instead of simply adjusting my status on the TN once getting married, we continued on the K1 road. I have been living in the US with my fiance, while on the TN. From what I understand, once I go back to the US next week, my TN is no longer valid, because I have this new visa (K1).

I have a job. A job that I would like to keep working at. Can I really not work until I get married, adjust my status and apply for a work permit. And it will really take 90 days to process? Not exactly ideal. I mean, doesn't the government want me to work, pay taxes and all that good stuff?

I'm just trying to find a way around this. Any advice would be really appreciated.

Just let me work! :)

thanks

Posted

No you cannot work until you have the EAD. You cannot leave until you have the AP. The K1 cancels your TN (which you CANNOT adjust from anyhow, it is not a dual intent visa.) It takes 60-90 days for the EAD and you can ask for an expedite on that because you already have a job you were legally working at with the TN.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

As NLR said, you need to file for AOS and the EAD before you can work. The typical time frame is 90 days for the EAD/AP. You can request an expedite. Here is a post about how to ask for the expedite based on having a job offer, or in your case, having a job already > http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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