EAD for Canadian Citizen married to an American Citizen

[carmel34 3,633]

Original statement did not include the current status of the Canadian citizen's presence in the US.  There was no mention of a student visa or anything like a K-1 fiance visa.  If the Canadian is in the US as a tourist/temporary visitor (no visa needed to visit temporarily from Canada), it could cause problems when filing for AOS/EAD.  Do more research on this site, look at K-1 and CR1.  Visa is first decision, either K-1 or CR1.  It doesn't matter where you get married, what is important is the legal status in the US of the Canadian.

[geowrian 22,337]

1 minute ago, carmel34 said:

If the Canadian is in the US as a tourist/temporary visitor (no visa needed to visit temporarily from Canada), it could cause problems when filing for AOS/EAD.

No such problems exist versus doing AOS from other statuses.

[TM92 527]

15 minutes ago, carmel34 said:

If the Canadian is in the US as a tourist/temporary visitor (no visa needed to visit temporarily from Canada), it could cause problems when filing for AOS/EAD.

Visiting Canadians are issued B2 visas upon entry, according to @NikLR:

It is possible to adjust from B2 to LPR if already in the US.

Edited August 17, 2018 by TM92

[mushroomspore 3,044]

35 minutes ago, carmel34 said:

Original statement did not include the current status of the Canadian citizen's presence in the US.  There was no mention of a student visa or anything like a K-1 fiance visa.  If the Canadian is in the US as a tourist/temporary visitor (no visa needed to visit temporarily from Canada), it could cause problems when filing for AOS/EAD.  Do more research on this site, look at K-1 and CR1.  Visa is first decision, either K-1 or CR1.  It doesn't matter where you get married, what is important is the legal status in the US of the Canadian.

Incorrect. If a B2 holder enters the US without any preconceived intent to remain and adjust status but their circumstances change WHILE they are in the US, they are allowed to AoS. I'm adjusting from B2, am also Canadian and have not had any issues so far.

Edited August 17, 2018 by mushroomspore

[little immigrant 801]

12 hours ago, absolut1 said:

I am an American citizen that will be married to a Canadian passport holder. Im curious, after getting a marriage certificate and applying for an EAD, assuming everything is filed properly, how long would it currently take?
Also as Canadians can enter the states easily, while waiting for an EAD can the Canadian travel outside of USA?

You have been through the entire process with your Chinese wife so you should know a little bit about how it works. 

 

 

[JFH 12,190]

9 hours ago, little immigrant said:

You have been through the entire process with your Chinese wife so you should know a little bit about how it works. 

 

 

Excellent find! 

 

OP, the process has not changed hugely from 2011. A few forms have changed. Fees have increased, of course. Wait times fluctuate. With your previous experience and the guides on this site you should sail through with no problems.