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marriedtomrg

EAD and AOS

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Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. :) We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies. :)


Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

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Sorry guys, let me give you the correct information. Please ignore my post above. (Mods: I edited my post but when I hit Complete Edit, the screen didn't change it was still in Edit Mode. So when I hit it again, I got an error message saying I couldn't edit my post anymore.)

We received our K3 and K4 visas at noon today. :) We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter). Our visas are valid until October 2011.

When we arrive, I will apply for EAD initially. We are planning to file for AOS one month before our 2nd wedding anniversary (January 2011), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC. This way we can skip Lifting of Conditions.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in December 2010) and my EAD expires?

Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. :) We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies. :)

Edited by marriedtomrg

Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

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A HUGE negative to your well thought out plan is if something were to happen to the petitioner before you file for AOS you and your child will stand a GOOD chance of having to return home.

Probably better if you continued with the CR-1/CR-2.

EAD is good for one year and normally takes close to 90 days to get.


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Thanks, but we have our K3/K4 visas already, leaving for the U.S. on October 23rd.

A HUGE negative to your well thought out plan is if something were to happen to the petitioner before you file for AOS you and your child will stand a GOOD chance of having to return home.

Probably better if you continued with the CR-1/CR-2.

EAD is good for one year and normally takes close to 90 days to get.


Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

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Filed: Citizen (apr) Country: Canada
Timeline

Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I understand why you want to wait to file AOS so that you get the 10 year greencard instead of the conditional one but really, by the time you get here, file the AOS and have an interview its prob going to be after Jan 2010 anyways.

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Filed: Citizen (apr) Country: Moldova
Timeline
Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I don't think this is true. K3 immigrants can file for EADs under category a(9), while AOS applicants do so under category c(9).

(K1 immigrants can also apply for EAD, but it is only valid until the I-94 expires, hence generally useless.)

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Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I understand why you want to wait to file AOS so that you get the 10 year greencard instead of the conditional one but really, by the time you get here, file the AOS and have an interview its prob going to be after Jan 2010 anyways.

You cannot file for EAD before AOS is filed.

WRONG! You have to pay $340 tho.


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Other Country: Afghanistan
Timeline

Sounds like a good plan. Your EAD is good for a year and can be renewed.

From a money stand point your going to pay more. The EAD fee and medical costs for two people will likely be higher then the removing conditions fee.

Personally though I'd advise doing the AOS right away to guarantee everyone's permanent residence.

Edited by Sousuke

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Filed: Citizen (apr) Country: Canada
Timeline

So I just want to understand this then. A K3 can get an EAD before they AOS? I wasn't sure and read the guide here and looked at their flow chart and it looks like they are saying file AOS and then get your EAD.

K3 flowchart

Where does it say they can get an EAD first? At the USCIS website?

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Filed: Other Country: Afghanistan
Timeline

Both K1 and K3 visas can get EAD ahead of AOS. The K1 visa is a single entry visa so any EAD tied to it dies when the I94 expires, the K3 is multi entry so the EAD isn't killed. Generally speaking it makes no sense to file for it ahead of AOS, its just a waste of money..unless your trying to do what the OP is doing and avoid removing conditions. Make sense?

Edited by Sousuke

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Filed: Citizen (apr) Country: Canada
Timeline
Both K1 and K3 visas can get EAD ahead of AOS. The K1 visa is a single entry visa so any EAD tied to it dies when the I94 expires, the K3 is multi entry so the EAD isn't killed. Generally speaking it makes no sense to file for it ahead of AOS, its just a waste of money..unless your trying to do what the OP is doing and avoid removing conditions. Make sense?

Thanks for the explanation. I've now learned something new. I thought everyone had to AOS first.

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An EAD tied to a K1 visa is temporary and can only be received at POE New York and dies when the I94 expires which is usually after 90 days, but an EAD applied for and received after entry into the U.S. and independent of a K1 visa will last for 1 year and can be renewed. The application fee for an EAD is waived if the application accompanies the AOS application.

Edited by juliden

Apr. 19, 2009 - VISA IN HAND!!! YESSSS!!! Our time-consuming but very rewarding visa journey has been successful. Now we can finally start our new and wonderful life long journey of marriage, companionship, and commitment. We wish everyone success in both your journeys.

June 23, 2009 - POE is Los Angeles, California

July 8, 2009 - SSN received.

July 12, 2009 - MARRIED!!! and living in Michigan until I retire in about 5 years, then we will move to a southeren state that has a much warmer climate year round.

August 28, 2009 - AOS, EAD, AP submitted.

September 8, 2009 - NOA's for AOS, EAD, and AP received.

September 9, 2009 - Michigan Drivers License received.

October 8, 2009 - Biometrics Completed.

October 13, 2009 - AP received.

October 17, 2009 - EAD received.

November 30, 2009 - AOS interview completed. AOS APPROVED.

December 1, 2009 - We will be filing for Lifting of Conditions on September 1, 2011.

December 1, 2009 - We will be filing for for Naturalization on July 12, 2012.

December 10, 2009 - GREEN CARD received!!!

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Filed: Citizen (apr) Country: Thailand
Timeline
An EAD tied to a K1 visa is temporary and can only be received at POE New York and dies when the I94 expires which is usually after 90 days, but an EAD applied for and received after entry into the U.S. and independent of a K1 visa will last for 1 year and can be renewed. The application fee for an EAD is waived if the application accompanies the AOS application.

Wrong. You cannot receive an EAD at the POE in NY. That does not legally authorize you to work. You may only legally work with an EAD card received from DHS or a green card. See the pinned topic in the working & traveling prior to getting a green card forum.


K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Filed: K-3 Visa Country: Philippines
Timeline
Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. :) We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies. :)

Hello, I think the validity of the EAD is until the expiration of the I-94(which will be given to you at the POE). I came here on a K-3 visa March 14, 2009 (my two-year period started from there, I-94 will expire on March 20011) and I sent my EAD application September 24, USCIS received it last September 28 and they sent me a notice of receipt after 2 days. Yesterday, Oct. 21, my EAD card was already in our mailbox. Soooooo quick, huh? Validity is ) October 6, 2009-March 13, 2011 (just a day before my I-94 expires. Overall, my EAD was in my hand for a total of 26 days of waiting since I sent it. Maybe they (VSC) process faster now.

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Filed: K-3 Visa Country: India
Timeline

Just so its clear - from someone who has done this before - if you are on a K3 visa, you CAN file for EAD before filing for AOS. We received our EAD much before we filed for AOS. Don't know about K1 visa holders though since we didn't go through that. The EAD is valid until the expiration date on your K3 visa. To your second question - I am in the same position and trying to find out the answer to that but I believe you have to get a new medical done if one year has lapsed between the date of your AOS interview and the date your medical for K3 was done. Don't know the answer to your third question. Hope this helps.

Edited by Kiki&me

I-130/CR1

Service Center: CSC

Mailed --- April 12, 2007

NOA1 --- May 4, 2007

Notice Date --- April 18, 2007

Upgraded (USC) --- Dec 21, 2007 (Infopass says this is my new NOA1 date)

Acknowledged --- Dec 26, 2007

Touched --- Jan 16, 2008

Service Request --- Feb 5, 2008 (received letter saying another 60 days to go)

Infopass --- April 16, 2008 (same answer as above)

NOA2 --- April 23, 2008

K-3/I-129F

Service Center: CSC

Mailed --- Dec 21, 2007

NOA1 --- Dec 26, 2007

Notice Date --- Dec 27, 2007

Touched --- Jan 3, 2008

NOA2 --- April 23, 2008

NVC receives case --- May 2, 2008

NVC assigns case number --- May 5, 2008

Case forwarded to embassy --- May 6, 2008

Packet 3 submitted --- May 26, 2008 (never received Pkt 3 in mail)

Packet 4 Received --- Jun 1, 2008

Interview Date -- Mid-July 2008 -- Received K3!!!

AOS

Service Center: CSC

Mailed --- Aug 10, 2009

Receipt notice --- Aug 30, 2009

Biometrics --- Sept 16, 2009

Interview Letter --- Oct 3, 2009

Interview --- Nov 19, 2009

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