EAD before getting the K1 Visa

[cdngrl 0]

Ok, so it's likely that I will have a job offer WITH an employer (state gov't) who is willing to write a letter for my EAD process. How do I do this?? I've looked at the I-764 form and I don't qualify as any of the applicant choices. I mean .. I will eventually qualify for the 'family based non-immigrant' .. but not until i have my K1 and I'm married. So .what do I do?? I swear the answer must be here somewhere ... but the search function isn't working for me.

[cdngrl 0]

OK .. so I think I may have found my answer. The "nonimmigrant NAFTA Professional (TN) visa". Will this conflict with my K1 fiance visa ??? I have no idea ... please help!!

[misa 2]

Yeah I'm pretty sure it will conflict. I don't think you can hold 2 visas at the same time.

[Kez/JWolf 6]

As a K1 Visa holder you can ask for a temp EAD valid for 90 days at POE not many are doing them anymore but you can ask... if you dont get a temp EAD at POE then you will have to file for one along with your AOS and it will take 90+ days to get.... there is no other option for you... sorry

Kez

[zyggy 9]

Since you filed an I-129F, you are ineligible for a TN since you have no put yourself on notice for having immigrant intent... TN's are not available to those who have immigrant intent..

[warlord 73]

You can not apply for TN Status while pursuing any immigration intent visa. You will not qualify for the TN Status if you are applying for AOS or K-1 or anything like that. The only way you could obtain a TN status, is apply for that directly from Canada, have a job willing to hire you etc. Once you move on the TN status, then you can apply for AOS (you just won't be able to get a second TN however, since you now have immigration intent).

So if you haven't filed for any visas at all, and you have a job willing to hire you, you may be able to get in on a TN status. Then you should get married and file for AOS as soon as possible so have all the time you can on the TN before your EAD comes in.

According to you, you are filing for AOS, so the TN status will not be an option. Don't worry about the EAD, like mentioned, get a temp one, or usually the EAD only takes a few weeks in most cases. Just tell them the situation and maybe they can hold off till it comes...

[mozplay 29]

I got the stamp crossing at Detroit. It may be an option for you, though I don't know where you live.

Monique

[cdngrl 0]

thank you to all of you!! these are the answers I needed.... not wanted .. but needed. not a problem .. i will wait and do it properly once I have my K1 and I am married.

~l

[Saddle Bronc 124]

The TN-1 would have maybe been possible if the offer had come BEFORE the I-129F was filed--but not now.

Two options on how to get the temp EAD:

• cross by land
  
• take a flight to London and then to MSP through JFK (obviously this option is rather lousy)
  

Yeah I'm pretty sure it will conflict. I don't think you can hold 2 visas at the same time.

True, but moot in this case.

[Carlawarla 1]

I'm sorry I can't help answer any of your questions, but I was intriguied that you received a job offer from a State Gov't agency and you're not a US Citizen, or for that matter, a Permanent Resident? Any insight into how this panned out would be appreciated!

Carla

[warlord 73]

Not all gov't jobs require US Citizenship, a lot of them do, but not all of them require it. It just depends on the type of job. I've been working at a pseudo-gov't job here which is in the classification as a gov't job, and I had worked here on my green card. So just depends what you're applying for...

[Saddle Bronc 124]

Not all gov't jobs require US Citizenship, a lot of them do, but not all of them require it. It just depends on the type of job. I've been working at a pseudo-gov't job here which is in the classification as a gov't job, and I had worked here on my green card. So just depends what you're applying for...

And government agencies use bulker-loads of contractors--who don't even necessarily have GC's.

As I've actually done it (on TN-1):

• initial development work (and remote maintenance, when the machine was moved to the Service Centre) for IRS; I wasn't allowed into the SC (for onsite maintenance) despite of the SC manager's wishes--the decision on this made in DC near Union Station
  
• two years (Jan 1998-Dec 1999) for GA Dept of Educ
  

[mozplay 29]

Just to add... Dulles in Washington DC also gives the stamp if you do want to fly halfway around the world first.

Mo

[cdngrl 0]

I'm sorry I can't help answer any of your questions, but I was intriguied that you received a job offer from a State Gov't agency and you're not a US Citizen, or for that matter, a Permanent Resident? Any insight into how this panned out would be appreciated!

Carla

my occupation and experience it actually quite specialized ... so that is the reason why they would consider me for employment .... but you're right .. most gov't jobs say that you must be a US citizen .. but there is always ways around these things as they are usually just 'default' requirements on gov't job postings.

[cdngrl 0]

Hopefully I'll get my MTL interview soon and will be able to enter in on it before the job begins. But who knows with Montreal!! I'll be lucky to get my interview in time for my wedding. I will however be entering in thru Windsor/Detroit when the time comes.. and they seem to have a good track record of giving out EAD.