AOS before the marriage?

[chicurious 0]

I was just wondering if we could file for the AOS (and even the EAD) before we get married? If we won't be getting married until the second or third month he's in the US (but still within the 90 days, of course), can we still begin the paperwork for the AOS?

I read the guides and didn't find that information specifically.

[Karly-n-Bruce 0]

You can start gathering your paperwork, but you cannot send it in until you are married.

[*JG* 2]

Considering you need the marriage certificate to file for AOS, the answer is no.

[payxibka 10,044]

You cannot apply for the next level of immigration benefit until you have met the requirements to apply. For a K-1 that is marriage.

[chicurious 0]

Ok, thanks. And that goes for the EAD, too, right?

[Otto 83]

Ok, thanks. And that goes for the EAD, too, right?

EAD too...

[Kazan' Tiger 1]

No. The K1 is a non-immigrant visa. You can not make the adjustment to immigrant status until after you marry.

[payxibka 10,044]

Ok, thanks. And that goes for the EAD, too, right?

EAD too...

For EAD applying before marriage and your AOS application will result in an EAD aproval timed with the expiration of your I-94. You would be wasting your money!!!

[reeses16 8]

Like everyone has mentioned you have to wait to apply for AOS & EAD. Be sure to fill out your AP too since its included in the fee and will premit travel if the green card takes longer than your expected.

However, as mentioned. You could fill out all of your paperwork, and apply immediately after marriage. You could even do it the same day. Talk to the clerk of courts (or wherever you marriage license will be issued). After the ceremony we had the option of letting the justice of the peace mail/bring it to city hall and then we woudl get certified copies in about two weeks or we could take the marriage license & certificate back to the clerck of courts ourselves and get teh copies issued the same day. We did the last one, it took maybe 10 mintues to get our copies. At least in Louisiana, it works the same whether your wedding is done by a judge, justice of the peace, or minister. Don't be discouraged by a website, call and talk to someone in the office.