Apply for EAD before AOS

[tysalanna 0]

I have read the information about the EAD, but just wanted to confirm or see if anyone else has done things this way. I want to apply for my EAD before applying for my adjustment of status from a K3. I know it will cost an extra $380.

My spouse and I need my income along with his to meet the income requirements for I 864 so I need to work for 6 months before we can apply for my adjustment of status so we can use my income too. Between us, we have nine children; however only 5 are still at home so we need a fairly large yearly income to meet the 125% poverty guideline.

Has anyone or anyone that you know of ever tried to do this?

S.

Edited October 21, 2009 by tysalanna

[Kathryn41 3,205]

There is not a problem applying for the EAD before the AOS when you are on a K-3 - many have done so. It can certainly make sense financially for you to be working and contributing towards the household while trying to get together the fees for the AOS and the Affidavit of Support. 9 children? Wow - that is a big household - even with only 5 at home. You have 2 years on the K-3 before you absolutely have to file for the AOS but you will probably want to try and do that sooner rather than later to confirm your permanent status in the US.

Have you thought of not pursuing the K-3 and going directly for the CR-1? That way you would qualify for your green card when you crossed teh border and would be eligible for employment as soon as you got your SSN. You wouldn't have to apply for AOS and it is cheaper in the long run. From my understanding K-3s and CR-1s are taking approximately the same time to process right now - you would just have to stay in Canada until the CR-1 is processed. Something to think about although the need for both of you to be working to provide the necessary financial support for a family of that size may make the K-3 more feasible.

Edited October 21, 2009 by Kathryn41

[tysalanna 0]

The reason we went for a K3/K4 was because of the financial support thing. We have someone willing to do the I134 for us because it is only a short term obligation until we do the I864. We need my income to qualify for the I864.

I found that the cost for a K3 compared to CR1 not much different when I had to factor in plane fare to Montreal for all of us. And even if I left the younger ones at home, I would still have to make an extra trip to get their medicals. I can do the medicals and interview in Vancouver in one trip that I drive and stay with family.

[Kathryn41 3,205]

Looks like you've thought things through nicely:-). You should have no problems. Good luck.

[Krikit 1,163]

Moving from Canada forum to K-3 forum.

[hindocha 0]

Yep, apply for EAD, as soon as you get in the country. Apply for AOS within the first 12 months

Yep, apply for EAD, as soon as you get in the country. Apply for AOS within the first 12 months

[prince+angel 3]

I agree with one of the above posters - you certainly have things very well planned!

My hubby & I did what you are doing as well (EAD before AOS). We chose this option because we will be married 2 years May 1, 2010 - therefore when we apply for AOS after that date we will be able to apply for the 10 year greencard & completely by pass having to remove conditions too.

I noticed from your timeline that your marriage date is December 2008, with this year nearly gone, if you file AOS after December 2010, you wont have to worry about getting the temp greencard (2yrs) then paying the Removal of Condtions fee also 2 years later. All in all, its not much of a savings but its 1 less that USCIS gets! Just food for thought, best of luck to you & your family...

[Baltar 0]

what's a EAD?

[Y's_habibitk 2]

what's a EAD?

employment authorization document

so your spouse can work

OP,

we did it also.....good luck with your journey

[pushbrk 12,246]

I agree with one of the above posters - you certainly have things very well planned!

My hubby & I did what you are doing as well (EAD before AOS). We chose this option because we will be married 2 years May 1, 2010 - therefore when we apply for AOS after that date we will be able to apply for the 10 year greencard & completely by pass having to remove conditions too.

I noticed from your timeline that your marriage date is December 2008, with this year nearly gone, if you file AOS after December 2010, you wont have to worry about getting the temp greencard (2yrs) then paying the Removal of Condtions fee also 2 years later. All in all, its not much of a savings but its 1 less that USCIS gets! Just food for thought, best of luck to you & your family...

You can file before the two-year anniversary and complete the process after. No need to wait for the two-year mark to file. About three months early is what I would do. Ours took six months but it was during a very busy time for USCIS.

[tysalanna 0]

Thanks so much for everyones comments and advice. The support and advice is wonderful.

S.