Is it okay to apply for EAD before AOS?

[Tree 0]

What are the benefits of waiting to do AOS?

[raymaga 25]

You can't apply for EAD before AOS.

You have to apply for EAD either WITH AOS or AFTER AOS.

[YuAndDan 153]

You can't apply for EAD before AOS.

You have to apply for EAD either WITH AOS or AFTER AOS.

K-1 should NOT, but K-3 may if they wish to delay filing for AOS until they are closer to 2 years of marriage. This allows them work authorization for up to 2 years. Filing AOS close to 2 years of marriage will avoid a 2 year conditional green-card, and get a 10 year un-conditional card, saving the hassle of filing an I-751 2 years down the road. The fee for EAD is less than the fee for removal of conditions.

K-3 can file for EAD by filing I-765 to their service center, and pay $340 fee, question 16 is coded (C )(9 ) (A )(9 ) LIFE ACT

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

I know of several K-3's that do this.

One other benefit of this, if the K-3 gets a job before filing AOS, the K-3 can then add their income to that of their spouse's income and the K-3 can provide an I-864A as a member of the sponsor's household adding their income to provide in part self-sponsorship for the AOS.

Moving this to work/travel prior to green-card forum

Edited January 30, 2009 by YuAndDan

[raymaga 25]

Oops!!! Thought they were K-1.

[Tree 0]

Oops!!! Thought they were K-1.

thank you for the help!