Temporary work permit

[hopeful1 0]

My wife arrived in the USA at the end of June, and I am preparing to file for Permanent Resident status. I understand that I can file for the AED free if I send it in with the change of status application, but can anyone tell me if my wife would receive her temporary right to work faster if I sent in the AED application separate? I understand that I would have to pay $340 doing it this way, but am wondering if it would be faster. I welcome any and all ideas on this.

[Kez/JWolf 6]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

[payxibka 10,044]

I doubt there is any empirical evidence to suggest that an I-765 application based on a particular class code is processed any faster versus any other one.

[YuAndDan 153]

Filing for EAD on K-3 before AOS gives the K-3 a couple of options.

1) K-3 EAD is valid up to 2 years, so can work, and delay filing for AOS, so that AOS may be approved after 2nd wedding anniversary, avoiding the conditional green-card. This avoids having to deal with filing I-751 later to remove the conditions. The $340 for EAD is less than the filing fee for I-751.

2) K-3 EAD allows the prospective immigrant to be able to then get a JOB, and perhaps add the income from the job to that of their US Citizen spouse, and the K-3 would file I-864A along with US citizen's I-864 when doing AOS as a member of the US-Citizen spouse's household.

[hopeful1 0]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

[Kez/JWolf 6]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

As it is only a few months until your anniversary I would wait and file for AOS and EAD together closer to your anniversary date, idealy you want it so that if you get an interview for the AOS it will be after your 2nd anniversary.

Jon

[payxibka 10,044]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

If the marriage is 2+ yrs. old at time of approval/ issuance of the greencard, then it will be the 10 yr one

[hopeful1 0]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

As it is only a few months until your anniversary I would wait and file for AOS and EAD together closer to your anniversary date, idealy you want it so that if you get an interview for the AOS it will be after your 2nd anniversary.

Jon

Thanks a million for your advice Jon. Waiting a little longer to insure that the time coinsides with the (2) anniversary makes sense.

[hopeful1 0]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

If the marriage is 2+ yrs. old at time of approval/ issuance of the greencard, then it will be the 10 yr one

It's true that we will be marriied for (2) years when I send in the forms for adjustment of status, but the thing is that my wife will not have been in the USA for (2) years. Is change to Permanent Resident contingent on being "in country" for two years? That being the case, will she then receive only a (2) year Permanent Resident Card(if that is possible)?

[Reba 2]

its based on how long you've been married. If your AOS application is approved after your 2nd anniversary, they beneificiary rec's a 10 year card. If the AOS application is approved before your 2nd anniversary, they get a 2 year conditional card. Doesn't matter how long you've been in the US. Most AOS applicants haven't been here 2 years.

[payxibka 10,044]

To confirm what Reba sais... It is the length of the marriage that is the determination point not length of time in country

[hopeful1 0]

The time it takes to get approved for EAD is the same if you file for it on its own or if you file for it as a separate application- about 3 months. If you are planning on filing the AOS now rather than waiting until closer to your 2nd wedding anniversary then you would be best to file for AOS and EAD together and save some money as you will have to pay to remove the conditions on the greencard 18 months after it has been approved. If you want to wait to file for AOS so that you get a 10 year Greencard and dont have to file to remove the conditions then you would have to file for the EAD now and pay the fee.

Jon

Thank you for the info. Now another question: My two year marriage anniversary will be on 21 Dec. 2008. In this case, would my wife be elligible for the 10 year Greencard as our (2) years of marriage is nearly here? If this is true, I would file the I-765 and the I-485 together.

If the marriage is 2+ yrs. old at time of approval/ issuance of the greencard, then it will be the 10 yr one

It's true that we will be marriied for (2) years when I send in the forms for adjustment of status, but the thing is that my wife will not have been in the USA for (2) years. Is change to Permanent Resident contingent on being "in country" for two years? That being the case, will she then receive only a (2) year Permanent Resident Card(if that is possible)?

Thanks for the info on this. What I see is that this site is really helpful from the beginning of filing for a fiancée, all the way to adjustment of status and beyond