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How to get EAD during Consular Green Card Process

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  • How to get EAD during Consular Green Card Process

    I am a Canadian citizen living in Canada with my American wife of 25 years who also lives in Canada.

    We filed an I-130 at the US Consulate in Canada and will eventually interview at the US Consulate in Montreal which is where immigration visas are processed.

    In the meantime we are in the process of buying a business in the USA and will want to work in the business before I get my Green Card.

    Does anyone know if I can get an EAD when I am applying from outside the USA (NOT as an Applicant to Adjust Status (I-485)).

    Do I file an I-765 instead? Sounds straight forward if you live in the US and apply for an EAD but not so simple when you go through Consular processing.

  • #2
    I am a Canadian citizen living in Canada with my American wife of 25 years who also lives in Canada.

    We filed an I-130 at the US Consulate in Canada and will eventually interview at the US Consulate in Montreal which is where immigration visas are processed.

    In the meantime we are in the process of buying a business in the USA and will want to work in the business before I get my Green Card.

    Does anyone know if I can get an EAD when I am applying from outside the USA (NOT as an Applicant to Adjust Status (I-485)).

    Do I file an I-765 instead? Sounds straight forward if you live in the US and apply for an EAD but not so simple when you go through Consular processing.

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    • #3
      You cannot apply for work authorization in the U.S. if you don't have an AOS application pending.

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      • #4
        What about a K3?

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        • #5
          I dont' believe you can get an EAD because you file a K3.

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          • #6
            Sorry, the TN visa is the only way to get employment in your situation.

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