Filing the AOS with or without the EAD

[ForeverAmen 0]

I am trying to talk sense into a rock! Please help me explain to a 'friend of a friend', why it does not make sense (time and money) to apply for the AOS seperately from the EAD?

As my timeline shows I completed this part of the journey approximately 2 years ago. But I guess I am not doing a good job with explaining myself.

Thanks!

[bassagitator 1]

Without an EAD, they will be unable to work for possibly 2-3 years until thie AOS is approved! They won't be able to get a drivers license either, until their AOS is approved.

Edited September 22, 2008 by bassagitator

[ForeverAmen 0]

Thanks for the response.

What they are wanting to do is apply for the EAD, then months later apply for the AOS. The person entered the USA on a K-1 Fiance visit, and did enter a marriage within 90 days of arrival. I've suggested that they apply for both (AOS & EAD) at the same time. But they have themselves convinced that the best option is to apply for the EAD 1st - then the AOS at another time. I could be wrong (feel free to let me know), but IMO it does not make sense, plus it's a waste of money to apply for the EAD seperately from the AOS.

[bassagitator 1]

I agree with you. Besides I don't think they can apply for just an EAD, unless they have approval from another document first.

[pushbrk 12,157]

Thanks for the response.

What they are wanting to do is apply for the EAD, then months later apply for the AOS. The person entered the USA on a K-1 Fiance visit, and did enter a marriage within 90 days of arrival. I've suggested that they apply for both (AOS & EAD) at the same time. But they have themselves convinced that the best option is to apply for the EAD 1st - then the AOS at another time. I could be wrong (feel free to let me know), but IMO it does not make sense, plus it's a waste of money to apply for the EAD seperately from the AOS.

They are right if working soon is important and they can afford the EAD fee now but cannot afford the AOS fee. They'll end up paying both if they file separately but the circumstances will determine the best choice. You don't give a reason why they want to do it this way. Do you know?

If they can afford the AOS fee now, they would be silly not to file everything together and save the separate EAD fee.

[stephandmuz 0]

Without an EAD, they will be unable to work for possibly 2-3 years until thie AOS is approved! They won't be able to get a drivers license either, until their AOS is approved.

Hmm, I was under the impression that one could get a drivers licence with the just the EAD. Going by other posts pertaining to license and EAD, the drivers licence will be good for 1 year same as the EAD.

[payxibka 10,044]

As far as I know as a K-1, since they are outside the initial 90 day period, they are ineligible for EAD unless they have an I-485 application pending as well