EAD for Canadian Citizen married to an American Citizen

[mushroomspore 3,044]

1 minute ago, absolut1 said:

you guys are awesome and very helpful!! thank you for providing this info so fast!! especially you @geowrian

@geowrian is truly a guru.

[absolut1 2]

one more question.. is the AP/EAD the same card or two different cards? and do they typically come at the same time?

[Crazy Cat 42,545]

2 minutes ago, absolut1 said:

one more question.. is the AP/EAD the same card or two different cards? and do they typically come at the same time?

It now normally comes as a single combination/combo card...

Edited August 17, 2018 by missileman

[geowrian 22,338]

If the I-131 + I-765 are filed at the same time (usually concurrently with the I-485), then they should issue a combo card.

 

Otherwise it's a separate EAD card + AP document.

[TNJ17 1,329]

Have you filed for anything yet? Because if you haven’t you’re getting way ahead of yourself and you need to decide whether to file K1 or CR1. Then you’ll have to worry about what comes next. Choose first, then file. Because what comes after that is all gonna depend on which visa you file. 

[absolut1 2]

5 minutes ago, TNJ17 said:

Have you filed for anything yet? Because if you haven’t you’re getting way ahead of yourself and you need to decide whether to file K1 or CR1. Then you’ll have to worry about what comes next. Choose first, then file. Because what comes after that is all gonna depend on which visa you file. 

advantages of this route^ vs AOS?

the idea is to get EAD/AP as fast as possible to be able to exit country to visit her folks/work.

[Jaquelly 1,647]

3 minutes ago, absolut1 said:

advantages of this route^ vs AOS?

the idea is to get EAD/AP as fast as possible to be able to exit country to visit her folks/work.

 

None of it is 'as fast as possible'. Both options are going to take around a year at this point, if not more.

[TNJ17 1,329]

I think you’re confusing AOS as being a visa process on its own. It’s not. AOS is what you file AFTER you’ve come to the US on a K1 visa. You need to choose either K1 or CR1. You have no other choice. Search for the difference between K1 and CR1 and see what best fits your life. 

[Jojo92122 1,924]

Here's a shortcut of your choices.

 

1.  Since she is in the US now, you can marry and file for AOS.  It will take 4-6 months for her EAD/AP which allows her to work and travel internationally.  So, she can not legally work or leave the US for about 4-6 months  About a year after filing for AOS, she gets her green card.  One year total.  One process: AOS.

 

2.  Leave the US and file for the K-1 fiancee visa.  This will take up to a year.  She MAY be able to visit as long as she can prove she will return to Canada to wait for her visa.  Once she enter the US, then she marry and file for AOS.  Then 4-6 months for her EAD/AP and a year for her green card.  Time for AOS is the same as in #1.  Two years total.  Two processes: K-1 fiancee visa and AOS.

 

3.  Marry whereever.  Leave the US and file for the CR-1 spousal visa.   She MAY be able to visit as long as she can prove she will return to Canada to wait for her visa. She enters the US and immediately gets a green card allowing her to work legally and travel internationally.  This will take around a year.  One processs: CR-1 spousal visa.

Nothing is fast or quick with US immigration.  Above is a simple outline.  

If she leaves during AOS without AP, she will be stuck outside the US until you can get a CR-1 spousal visa.  

Edited August 17, 2018 by Jojo92122

[A&H2018 148]

Why is she in the USA? Where does she currently live and work?

Background checks and easy access to data go a lot easier for Canadians that is about it. 

[Diane and Chris 651]

52 minutes ago, Jojo92122 said:

Since she is in the US now, you can marry and file for AOS.  It will take 4-6 months for her EAD/AP which allows her to work and travel internationally.  So, she can not legally work or leave the US for about 4-6 months  About a year after filing for AOS, she gets her green card.  One year total.  One process: AOS.

Just as a reminder to OP. If she chooses this route, she can not leave at this time before marriage and then return and marry and file AOS with intent to stay. That would be immigration fraud. She must marry while here RIGHT NOW and then file for EAD/AP and receive card before she can leave to visit Canada. If that is not correct, please respond. Best of luck to OP on her journey. VJ is the best place to get answers to your questions. 

[Mrsjackson 300]

What is a lawyer going to do for you other than pocket your money? There are clear instructions for all forms courtesy of USCIS themselves and this fantastic site to use if you get stuck.. if you have a straightforward case (no overstays, no criminal history, etc.) you are most likely perfectly able to do this yourself. I used the K1 and if I were to do it all over again I would have gone with the spouse visa (CR1). The wait time is only slightly longer now and it is both cheaper and easier. 

[debbiedoo 2,339]

2 hours ago, absolut1 said:

Hi guys, this is just preliminary research. I will most likely get a lawyer for this but wanted to get some quick timeline bits addressed. and thank you for replying!

Once we start the AOS process we submit for EAD/AP card, which is now 4-6 months, even for Canadians correct?

during this time we have to stay put in the USA? she cant go back to canada? even driving through the border?

I know canadians at the borders get treated a bit differently with their passports, but was wondering if while AOS is taking place thats not the case...

 

Thanks again.

 

 

4-6 months for AP and AOS. even for canadians. as much as I think US/CA relationships are 'more special' than others, the government doesnt see it that way. unfortunately. lol 

 

NO. once you move here on K1 you can NOT go back and get back in the states until you have aP or greencard. again. not special.

 

If crossing the border is that imperative, consider the CR1 spousal visa. takes only a bit longer but you can work and travel immediately. also cheaper. 

 

no need to hire an attorney unless you have something weird going on. none of this is hard if you can read and follow directions, and the forums here have the answers.

Edited August 17, 2018 by debbiedoo

[Sunnyland 639]

2 hours ago, absolut1 said:

one more question.. is the AP/EAD the same card or two different cards? and do they typically come at the same time?

 

If you file for the EAD and AP at the same time, you should be getting a combo card in the mail like this one. With the wording at the bottom that says SERVES AS I-512 ADVANCE PAROLE.

 

 

 

PS1: If your case is simple (no red flags, big age difference, many marriages or petitions in the past...) then there is no need to hire a lawyer that pretty much delay cases because they have hundred more cases besides yours. So you will save the $$$ that you will need for the AOS.

 

PS2: Make sure to download the latest forms directly from the USCIS website. The forms here on VJ are mere samples.

 

 

AOS= Form I-485, Application to Register Permanent Residence or Adjust Status

 

EAD= Form I-765 Application for Employment Authorization 

 

AP= Form I-131 Application for Travel Document

 

 

 

[TM92 527]

15 minutes ago, Sunnyland said:

If you file for the EAD and AP at the same time, you should be getting a combo card in the mail like this one. With the wording at the bottom that says SERVES AS I-512 ADVANCE PAROLE.

^^^This 100%

Also, chances are that OP's wife is going to receive EAD with the new design: