Dear VJers,

Could anyone let me know if there are any specific advantages for a K3 to apply EAD prior to applying AOS, instead of applying both at the same time?
I've also heard that a K3's EAD would be valid as long as the K3's visa expiration date. Is that true?

Thanks so much for all the great help.

Angelique

Angelique,

A person who applies for EA on the basis of being an applicant for adjustment of status gets EA and an EAD valid for 1 year. But a K-visa person who applies for EA on the basis of their K status recieves an EAD that is valid for the duration of their status. Useless for a K1, but great for a K3.

A visa's period of validity is not the same thing as the visa holder's period of allowed stay (period of status) in the USA. The visa designation and the status designation may use the same term, but a visa and status are not the same thing.

Yodrak

Thank you Yodrak, that clarifies a lot. Do you have any suggestions on how long after I apply the EAD, should I go for the AOS then? And also I wonder what will state on the EAD? Will it mention a specific expiration date though, since it follows the duration of a K-visa's status?

amgelique,

I have no advice to offer as to when you should apply for adjustment of status.

The EAD will have an expiration date on it, and if you apply as (a)(9) the date should be the date that your allowed stay ends as indicated on your I-94.

Yodrak

It's really a matter of personal preference.

> Some K3s apply for EAD first so that they can work and save up money for their AOS

> Some have a CR1 application going on and they want to see it through the whole way, so they just file for EAD while waiting for their CR1 interview date in their home country

> Some don't feel the urgent need to work so they just file for AOS right away and get the green card sooner rather than later

So whatever works for you is okay. As long as you watch your validity dates closely.