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Khswaby14

Working while processing AOS

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My husband and I just got married last week after receiving our K-1 visa. We are looking at the papers now. We don't have the money for the I-485 filling fee at the moment. Can we do his employment authorization before the I-485, so that he can work to help save money for it? Also, is there just one Biometrics appointment for everything?

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For a K-1, applying for EAD before AOS means filing under category A6. If and when this EAD is approved, it will expire concurrently with the K-1's I-94 (90 days after entry).

Considering that the EAD approval could take 60-90 days and costs $380.

what benefit will you derive if you only have less than 30 days to use it (best case)? or without any validity period at all?

It is always advised that one file the EAD/AP (no fees) concurrently with AOS.


Done with K1, AOS and ROC

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For a K-1, applying for EAD before AOS means filing under category A6. If and when this EAD is approved, it will expire concurrently with the K-1's I-94 (90 days after entry).

Considering that the EAD approval could take 60-90 days and costs $380.

what benefit will you derive if you only have less than 30 days to use it (best case)? or without any validity period at all?

It is always advised that one file the EAD/AP (no fees) concurrently with AOS.

The TLDR version is that you need to come up with the money to process AOS.

:)

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My husband and I just got married last week after receiving our K-1 visa. We are looking at the papers now. We don't have the money for the I-485 filling fee at the moment. Can we do his employment authorization before the I-485, so that he can work to help save money for it? Also, is there just one Biometrics appointment for everything?

You can apply for EAD before filing AOS but it is not recommended. The reason is because this EAD will likely expire or be expired when you finally receive it. It is a waste of money for MAYBE a week or so of being able to work.

EAD before AOS:

  • Fee $380
  • Expires with I-94 and is not renewable
  • Takes 60 to 90 days to process.

Best advice: wait until you have the money to file for AOS and then apply for your EAD.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Looking at your timeline he has been here a month and a half so absolutely no point and a waste of money.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The K-1 EAD ends when his I-94 expires, so it is not beneficial to pay the fees. Can you borrow the money? What about using your tax refund? You may need to look at a short term personal loan. Others have done that to pay the fees.


Phase I - IV - Completed the Immigration Journey 

 

 

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