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marcella

EAD alone X EAD with AOS

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Filed: AOS (apr) Country: Philippines
Timeline
Is is faster to get and EAD if I apply before getting married? I dont wanna wait a long time to work, so I was wondering if I might get my work permit faster that way. (and yes, I know going through JFK is an option).

thanks!

It is not a matter of speed but applying for EAD (I-765) before getting married results in an EAD card that will expire at the same time as your I-94.... Not much advantage there....


YMMV

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Filed: K-1 Visa Country: Brazil
Timeline
Is is faster to get and EAD if I apply before getting married? I dont wanna wait a long time to work, so I was wondering if I might get my work permit faster that way. (and yes, I know going through JFK is an option).

thanks!

It is not a matter of speed but applying for EAD (I-765) before getting married results in an EAD card that will expire at the same time as your I-94.... Not much advantage there....

I know someone that applied for the I-765, before getting married (she already had a SSN - necessary - I already have it too), got the card after 3 weeks and it was valid for one year. It costs $340, but it might be worth it for the ones with a hurry to start working.

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Filed: AOS (apr) Country: New Zealand
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Is is faster to get and EAD if I apply before getting married? I dont wanna wait a long time to work, so I was wondering if I might get my work permit faster that way. (and yes, I know going through JFK is an option).

thanks!

It is not a matter of speed but applying for EAD (I-765) before getting married results in an EAD card that will expire at the same time as your I-94.... Not much advantage there....

I know someone that applied for the I-765, before getting married (she already had a SSN - necessary - I already have it too), got the card after 3 weeks and it was valid for one year. It costs $340, but it might be worth it for the ones with a hurry to start working.

I would love to find out how that happened. If she arrived on a K1 visa and applied for a EAD then it should of only been valid until the I-94 ran out. A K3 can apply as soon as they arrive.

Me thinks someone at USCIS made a mistake if your friend did get one valid for a year.


I 130 & I129F (K3) and AOS info in timeline

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Filed: AOS (apr) Country: Philippines
Timeline
I would love to find out how that happened. If she arrived on a K1 visa and applied for a EAD then it should of only been valid until the I-94 ran out. A K3 can apply as soon as they arrive.

Me thinks someone at USCIS made a mistake if your friend did get one valid for a year.

Correct, there has to be more to the story because an EAD card by itself does not extend someone's authorized stay (which for a K-1 is governed by a the I-94). Until such time that you marry and are eligible for additional immigration benefits that carry on beyond the 90 days there is not much point... In addition, in todays environment, making application and getting approval in 3 weeks time is unheard of.


YMMV

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Ok this is a subject that myself and my fiance have discussed many times but we are still unsure the best course of action. Would it be more beneficial to get married as soon as possible and apply for the EAD or apply for the temp. Him being out of work for a long period of time we are trying to avoid. Any input would be great!

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Filed: AOS (apr) Country: Philippines
Timeline
Ok this is a subject that myself and my fiance have discussed many times but we are still unsure the best course of action. Would it be more beneficial to get married as soon as possible and apply for the EAD or apply for the temp. Him being out of work for a long period of time we are trying to avoid. Any input would be great!

Chances are that the I-94 will expire before the EAD is even approved... If that happens you wasted the $340....


YMMV

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Filed: Citizen (apr) Country: Canada
Timeline

An EAD is granted based on a specific immigration status.

A K-1 entry status if only valid for the 90 days immediately after admission and is listed on the I-94 placed in the passport upon entry to the US. Any additional immigrant benefits that are based upon a K-1 status - like an EAD - expire on the same date as the I-94. It takes approximately 90 days to do the paperwork necessary to process an EAD, so it is likely that the EAD will be no longer valid before you even get it. USCIS will still process the paperwork and accept your money even though you have virtually no hope of reaping the benefit.

When you marry and apply for AOS your immigration status changes to "AOS Applicant". Any immigration benefits - such as an EAD or an AP are based upon your status as an AOS Applicant. The EAD still takes 90 days to process, however the AOS generally takes longer - sometimes years - so the EAD is granted for the full time period allowed by law - one year. If you still don't have your AOS decision by the time the EAD is nearing expiry, you apply for a renewal EAD. The Immigration benefits - EAD and AP - also expire when the AOS decision is made. If the AOS is approved, you no longer need an EAD or AP; if the AOS is denied, the EAD and AP are cancelled and no longer valid since your immigration status is no longer "AOS Applicant".

If you can use a POE that gives the employment authorization stamp in the passport, you can work (once you receive a SSN) until the expiry of the I-94. The employment authorization granted upon entry cannot be extended as the immigration status has expired so the person has to stop working.

The fastest way to get a more permanent working situation is to marry upon arrival in the US and immediately apply for the AOS, EAD (and AP).

I hope that clarifies it better.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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An EAD is granted based on a specific immigration status.

A K-1 entry status if only valid for the 90 days immediately after admission and is listed on the I-94 placed in the passport upon entry to the US. Any additional immigrant benefits that are based upon a K-1 status - like an EAD - expire on the same date as the I-94. It takes approximately 90 days to do the paperwork necessary to process an EAD, so it is likely that the EAD will be no longer valid before you even get it. USCIS will still process the paperwork and accept your money even though you have virtually no hope of reaping the benefit.

When you marry and apply for AOS your immigration status changes to "AOS Applicant". Any immigration benefits - such as an EAD or an AP are based upon your status as an AOS Applicant. The EAD still takes 90 days to process, however the AOS generally takes longer - sometimes years - so the EAD is granted for the full time period allowed by law - one year. If you still don't have your AOS decision by the time the EAD is nearing expiry, you apply for a renewal EAD. The Immigration benefits - EAD and AP - also expire when the AOS decision is made. If the AOS is approved, you no longer need an EAD or AP; if the AOS is denied, the EAD and AP are cancelled and no longer valid since your immigration status is no longer "AOS Applicant".

If you can use a POE that gives the employment authorization stamp in the passport, you can work (once you receive a SSN) until the expiry of the I-94. The employment authorization granted upon entry cannot be extended as the immigration status has expired so the person has to stop working.

The fastest way to get a more permanent working situation is to marry upon arrival in the US and immediately apply for the AOS, EAD (and AP).

I hope that clarifies it better.

That does make alot of sense and does answer quite a few questions. We are looking at getting married nearly immediately for that very reasons. Is there an average of how long if you do get married and apply for the AOS before you obtain the proper authorization to work?

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Filed: Citizen (apr) Country: Canada
Timeline

If you check at the top of the forums header you will see a tab for Processing times. Click on that. Over on the far right bottom you will see Employment Authorization Documentation processing time. Click on that and it will show you the average times for the last 180 days. It looks like mailed in EADs are averaging about 75 days and emailed applications are 109 days. Here is the direct link: http://www.visajourney.com/timeline/eadstats.php

Generally USCIS says to allow 90 days for processing the EAD after receipt of the application. Good luck!


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: K-1 Visa Country: Brazil
Timeline

I know this was prob already been discussed here, but i can't seem to find it. My question is: if I get a work permit in JFK, and start working immediately, can I keep working if this work permit expires as long as I prove that I have requested an EAD with my AOS?

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Filed: Timeline
I know this was prob already been discussed here, but i can't seem to find it. My question is: if I get a work permit in JFK, and start working immediately, can I keep working if this work permit expires as long as I prove that I have requested an EAD with my AOS?

The EAD you get with a K1 visa is valid for 90 days... once the 90 days are over you are no longer authorized to work.... you will not be authorized to work again until you get the 1 year EAD you applied for along with your AOS....

Kez

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Bottom line for K-1ers, go through JFK and get the stamp. Get married ASAP and file your AOS papers with your EAD application (AP if necessary) and cross your fingers that they approve it within that 80-however many days that you still have left on your temp EAD. If you're lucky, it won't take them long and there won't be a gap. Otherwise, your employer is not required to keep you as an employee during that window where your temp EAD expires and your 1-year EAD arrives.

Spending the $340 for a temp EAD is really wasteful, in my opinion. By the time they receive your application, you've already wasted a good week of employment time. Add to that the time it will take them to get your biometrics and everything processed, you're lucky if you get two weeks of authorized employment before your I-94 (and thereby your temp EAD) expires.

You should really consider going the first route and think about having a justice of the peace wedding within days of entering the country.


I-129F

10/23/2006 - I-129F approved (97 days from CSC)

AOS

03/03/2007 - Married!

03/14/2007 - I-485 + I-765 sent

03/21/2007 - NOA1, Checks cashed

06/01/2007 - EAD card production e-mail received (74 days)

07/27/2007 - EAD RECEIVED (57 days after approval)

11/29/2007 - Infopass appointment - file was sent to a storage facility before it was finished processing.

05/28/2008 - Received AOS Interview notice

07/10/2008 - AOS Interview-APPROVED pending fingerprints

09/22/2008 - GREEN CARD IN HAND!

Removing Conditions

06/04/2010 - Sent I-751

06/07/2010 - NOA1

06/09/2010 - Check cashed

07/22/2010 - Biometrics Appointment

09/08/2010 - Card production e-mail

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Filed: K-1 Visa Country: Brazil
Timeline

Thanks everyone for the help.

I decided I will go through JFK even if its $400 more and buying separate flights will only allow me to take one bag. Who needs more than 1 bag when you move to another country anyway? :lol:

Then I will get married asap and apply for my AOS. hopefully everything will turn out ok.

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Good luck! Have your future spouse start on the paperwork now so that you can mail it off right after your wedding.


I-129F

10/23/2006 - I-129F approved (97 days from CSC)

AOS

03/03/2007 - Married!

03/14/2007 - I-485 + I-765 sent

03/21/2007 - NOA1, Checks cashed

06/01/2007 - EAD card production e-mail received (74 days)

07/27/2007 - EAD RECEIVED (57 days after approval)

11/29/2007 - Infopass appointment - file was sent to a storage facility before it was finished processing.

05/28/2008 - Received AOS Interview notice

07/10/2008 - AOS Interview-APPROVED pending fingerprints

09/22/2008 - GREEN CARD IN HAND!

Removing Conditions

06/04/2010 - Sent I-751

06/07/2010 - NOA1

06/09/2010 - Check cashed

07/22/2010 - Biometrics Appointment

09/08/2010 - Card production e-mail

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