What are the chances of the EAD not being accepted?

[BigCityDave 0]

Hey everyone,

In the situation I am in financially and being a college student. If my fiance doesn't get the EAD then we are going to be in a world of hurt. Also, I was reading the instructions and they noted that for K1/ers you cannot renew the EAD. Well what would we do then??? It usually lasts only one year right?

[BigCityDave 0]

Well after spending some time searching that what others have said, it appears to me the only reason of them rejecting it would be if you filled it out wrong.

[Kathryn41 3,205]

Hi, it is unlikely they will deny the EAD. There can be delays in issuing it if they send out an RFE (Request for Evidence) for the AOS, but once they get the evidence requested, they start processing everything again.

Now, to put things in perspective . . . when your fiancee arrives in the US, she is allowed to work as a K-1 for the first 90 days after her entry. Immigration puts a document called an I-94 in her passport and it is valid for 90 days - the same 90 days in which you have to get married. She is not allowed to work after that I-94 date passes and would require an EAD in which to do so.

Once she marries, your fiancee has fulfilled the conditions of the K-1 - the fiancee visa. That work authorization given upon entry as a fiancee cannot be extended as she is no longer a K-1. The visa is only good for a one time entry as a fiancee.

What you have to do is file to adjust her status from a non-immigrant to an immigrant, which means filing a document called "Adjustment of Status" (I-485). At the same time as you file this application you will also file an application for an Employment Authorization (EAD). Once your 'wife' receives her EAD she is allowed to work again. EADs take approximnately 90 days - 3 months - to be processed, but they can take longer. They are valid for one year.

It is likely that her K-1 authorization to work will expire before she receives her new EAD so you should plan on having to find alternative income to meet your needs and cover that time.

You will be also likely require a co-sponsor for the AOS since your income as a student is unlikely to satisfy the income requirements necessary to file the AOS. It is best to be aware of these things early so you can plan for them.

I hope this helps explain things a little bit more for you.

Edited January 26, 2008 by Kathryn41