can u file for AOS when you haven't moved to US yet?

[monicatony 0]

It may be a silly question...but I have an approved K3 and want to get my EAD BEFORE moving to the US so I can continue to work in Canada...and then transfer with my job to the US. Now it looks like you have to include evidence of filing for AOS when you file for EAD and plus it saves time and money to apply for both at the same time. I am confused about what address to put on all the initial paperwork. Would they reject my AOS application if I filed using my Canadian address? I go back and forth to my husband's place frequently, I wonder if I should use his address when filing and, if so, does that mean I have to file some form for change of address from my Canadian address to his address??? I can't find in the guides anywhere where is says you HAVE to live in the US before filing for AOS.

Does this ever get easier??????

[payxibka 10,047]

It may be a silly question...but I have an approved K3 and want to get my EAD BEFORE moving to the US so I can continue to work in Canada...and then transfer with my job to the US. Now it looks like you have to include evidence of filing for AOS when you file for EAD and plus it saves time and money to apply for both at the same time. I am confused about what address to put on all the initial paperwork. Would they reject my AOS application if I filed using my Canadian address? I go back and forth to my husband's place frequently, I wonder if I should use his address when filing and, if so, does that mean I have to file some form for change of address from my Canadian address to his address??? I can't find in the guides anywhere where is says you HAVE to live in the US before filing for AOS.

Does this ever get easier??????

No, AOS is based on the status you were granted upon admission to the United States. Right now you have no status in which to adjust from....

ETA: I am confused here cuz your timeline indicates entry into the USA....

Edited October 12, 2007 by fwaguy

[YuAndDan 153]

NO the K-Visa needs to pass through the POE, and immigrations paperwork needs to be turned in at the POE before filing for AOS, You also need to submit a copy of the I-94 card issued at the POE when entering the country on the K-Visa.

If you wanted to get green-card upon entry all you needed to do is NOT file the I-129F for the K-3, you would then have gotten a CR-1 IMMIGRANT visa which needs no status adjustment.

Other option is to file I-824 to get USCIS to move the I-130 petition on to NVC and consulate, and then interview for the CR-1/IR-1

[monicatony 0]

I actually crossed last week with my K3 and they processed my paperwork and gave me the I94. So technically I guess I am in the US but have returned to Canada for work....

[payxibka 10,047]

I actually crossed last week with my K3 and they processed my paperwork and gave me the I94. So technically I guess I am in the US but have returned to Canada for work....

File your I-485 & I-765 but use your US based address...

[YuAndDan 153]

I actually crossed last week with my K3 and they processed my paperwork and gave me the I94. So technically I guess I am in the US but have returned to Canada for work....

At this point you can file for AOS, but I would use the US address that you will be living at as address you are living at. Your being in Canada is considered to be temporary.

[monicatony 0]

Thanks guys

I think that would be less confusing too. Did you have to file for change of address when you first moved to the US?

[payxibka 10,047]

Thanks guys

I think that would be less confusing too. Did you have to file for change of address when you first moved to the US?

No change of address required as I presume this is your first address in the USA...

Edited October 12, 2007 by fwaguy

[YuAndDan 153]

Thanks guys

I think that would be less confusing too. Did you have to file for change of address when you first moved to the US?

NO, you should have indicated the address you will be living at on the DS-230.

You only need to file an AR-11 if the address has changed from that on your DS-230.

DS-230 Question #10

10. Permanent address in the United States where you intend to live, if known (street address including zip code). Include the name of a person who currently lives there.

[payxibka 10,047]

Thanks guys

I think that would be less confusing too. Did you have to file for change of address when you first moved to the US?

NO, you should have indicated the address you will be living at on the DS-230.

You only need to file an AR-11 if the address has changed from that on your DS-230.

DS-230 Question #10

10. Permanent address in the United States where you intend to live, if known (street address including zip code). Include the name of a person who currently lives there.

Actually I disagree...

Apples/Oranges. Department of State/USCIS

I do not think a change of address from what was reported on the DS-230 establishes your requirement of an AR-11 but that is just my interpretation.

[monicatony 0]

thanks again

My husband (and I) will be moving in another month so I guess I'll file for a change of address at that time.

cheers

Mon

[borealgirl 0]

Hrrmmm...correct me if I am wrong, but i have heard of many Canadians who left the US during the AOS process who ended up stuck there, unable to cross the border. I would call an immigration lawyer just to make sure, but it is my understanding that if you are caught outside the US without advance parole, you may not be able to come back. It would really suck to be without work or your loved one because you didn't get clear information.

[kim&james 0]

Hrrmmm...correct me if I am wrong, but i have heard of many Canadians who left the US during the AOS process who ended up stuck there, unable to cross the border. I would call an immigration lawyer just to make sure, but it is my understanding that if you are caught outside the US without advance parole, you may not be able to come back. It would really suck to be without work or your loved one because you didn't get clear information.

K3 is a multi entry visa so they wont have any problem coming and going.

[Reba 2]

yeah, its only K1s or those who married while a tourist and are adjusting status that require AP to travel out of the country.

With a K3 you can go back and forth as you wish for 2 years. When you apply for EAD and/or AOS however, you MUST use your US address. Your Canadian address is no longer valid as far as immigration is concerned, because according to them, you moved to the US to become a permanent resident when you activated your K3 visa. If you were to use your Canadian address, your application would be rejected and you could possibly lose your K3, based on they would consider you have abandoned it and you do not intend to settle in the US permanently.

If you and your husband are moving in a month, wait until then to send in your AOS and EAD applications, so that any responses to you do not get lost. A change of address after you've sent them in only confuses matters, and you'll usually end up missing an appointment letter somewhere along the line.