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How long is the EAD valid

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Filed: Other Country: Jamaica
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I am asking this question in order to help out a friend:

If the EAD (I-765) is being filed seperately from the AOS (I-485), how long is the EAD valid?

FYI: The person entered the USA on a K-1 Fiance visa, married a US citizen within 90 days of arrival, and now wants to apply for a EAD without the AOS.

Thanks for your help.

ALL things work TOGETHER for GOOD!

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I am asking this question in order to help out a friend:

If the EAD (I-765) is being filed seperately from the AOS (I-485), how long is the EAD valid?

FYI: The person entered the USA on a K-1 Fiance visa, married a US citizen within 90 days of arrival, and now wants to apply for a EAD without the AOS.

Thanks for your help.

I think it is valid for one year only.

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FortWorthStockyards5-23-08.jpg

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---------------------------------

April 12, 2008 - Wedding, Rose Garden (Tyler, TX)

May 23, 2008 - mailed AOS packet to Chicago Lockbox

June 7, 2008 - NOA for I-485, I-765, I-131 received

June 9, 2008 - Received ASC letter

June 24, 2008 - Biometrics appointment in Fort Worth

July 9, 2008 - AOS transferred to CA

July 28, 2008 - AOS approved

Aug. 5, 2008 - GC received

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I am pretty sure they can't apply for EAD only if they are K1, please double check that! I think it would be possible if they were K3.

AOS

03/20/2008 Wedding

04/24/2008 I-130, I-485, I-765 sent to Chicago

05/01/2008 Notice Date (Day 6)

05/09/2008 Biometrics Notice in mail (for 05/22)

05/22/2008 Biometrics appointment (Day 27)

08/20/2008 EAD card received

09/26/2008 Interview Letter in mail (for 11/10)

11/10/2008 Interview (Day 199) APPROVED!

12/02/2008 Green Card received (Day 221)

ROC

09/20/2010 I-751 sent to California Service Center

09/21/2010 Notice Date (Day 1)

10/12/2010 Biometrics Notice in mail (for 11/03)

11/03/2010 Biometrics appointment (Day 44)

01/07/2011 APPROVED! (Day 109)

01/13/2011 Green Card received (Day 115)

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I am asking this question in order to help out a friend:

If the EAD (I-765) is being filed seperately from the AOS (I-485), how long is the EAD valid?

FYI: The person entered the USA on a K-1 Fiance visa, married a US citizen within 90 days of arrival, and now wants to apply for a EAD without the AOS.

Thanks for your help.

You'll have to clarify what you mean by "without the AOS".

Do you mean before the AoS application is filed? After the AoS application is filed? Not planning on filing AoS at all?

A K1 holder is eligible to apply for an EAD under category [a][6], but this EAD is only valid for as long as their K1 holder status (i.e. 90 days from entry). More than likely, this EAD will not even be approved until after that time has passed leaving the applicant $320 out of pocket and with a card in their hand that has already expired. This card also cannot be renewed

Once the applicant is married, they have to file an AoS application (I-485) to adjust their status from K1 holder to Lawful Permanent Resident. The cost of this application is $1010. This price includes the cost of the I-765. You can send a completed I-765 using category [c][9] (adjustment applicant) with the I-485, or you can send it after the I-485. If you want to send the I-765 after the I-485, you need to wait for USCIS to send you an I-797C (Also known as NOA1) for your I-485 as proof of filing (to show that you don't have to pay for the I-765 that you're filing on its own).

In both these cases (filing I-765 with or after I-485) the EAD is valid for 1 year, and can be renewed if the AoS application is not approved before the card expires.

There is no card that covers the scenario where the applicant entered the country on a K1 visa, got married and does not wish to file an AoS application. Such an individual would have no legal status in the US once their K1 holder status expired and would in theory have to leave the country. No EAD category exists for such an individual. They would only become eligible to apply for an EAD at the same time or after submitting an AoS application.

K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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