Okay to apply for EAD first?

[LuvMyPortuGAL 1]

I apologize if this topic is in the wrong place. K1 has been a good topic so I will start here. Move it if you feel it is necessary.

I will make a long story short.

Fiance arrived 11/28 and we wanted to marry immediately for a number of reasons (mostly for AP) but we are delayed waiting for her birth certificate to arrive which is hung up in USPS customs. (thee weeks!!!). Side note: NEVER USE USPS internationally. Go with FED EX!!

I was going to apply for AOS, AP, and EAD at the same time, as that seems to be the typical and recommended procedure.

But since we are delayed for an unknown period of time waiting for the birth certificate to get married and apply for AOS and AP, is it possible or okay to go ahead and apply for EAD, or would that mess things up even worse?

Thanks!

Edited December 18, 2009 by LuvMyPortuGAL

[Bobby+Umit 161]

Moved to AOS.

Yes - go ahead and apply for AOS/AP/EAD at the same time. If you apply for the EAD prior to the AOS, you will pay for it (during/after the AOS, free).

As long as you get married in the 90 day period since arrival - no issues.

You may be surprised like I was and get your GC before you get the AP/EAD.

Edited December 18, 2009 by Bobby_Umit

[LuvMyPortuGAL 1]

Moved to AOS.

Yes - go ahead and apply for AOS/AP/EAD at the same time.

As long as you get married in the 90 day period since arrival - no issues.

You may be surprised like I was and get your GC before you get the AP/EAD.

Are you saying do not apply for just EAD now? Our point is that we could use EAD now being we can get married until we get the birth certificate.

What is GC?

[Bobby+Umit 161]

Moved to AOS.

Yes - go ahead and apply for AOS/AP/EAD at the same time.

As long as you get married in the 90 day period since arrival - no issues.

You may be surprised like I was and get your GC before you get the AP/EAD.

Are you saying do not apply for just EAD now? Our point is that we could use EAD now being we can get married until we get the birth certificate.

What is GC?

I updated my post -

If you apply now for the EAD - without the AOS, you will pay for it. ($340) - It's free with the AOS submission. (So i would not recommend filing for the EAD first, I would file AOS/AP/EAD)

GC = green card.

Edited December 18, 2009 by Bobby_Umit

[LuvMyPortuGAL 1]

Moved to AOS.

Yes - go ahead and apply for AOS/AP/EAD at the same time.

As long as you get married in the 90 day period since arrival - no issues.

You may be surprised like I was and get your GC before you get the AP/EAD.

Are you saying do not apply for just EAD now? Our point is that we could use EAD now being we can get married until we get the birth certificate.

What is GC?

I updated my post -

If you apply now for the EAD - without the AOS, you will pay for it. ($340) - It's free with the AOS submission. (So i would not recommend filing for the EAD first, I would file AOS/AP/EAD)

GC = green card.

Okay. So it sounds that though we pay more cash for it, it wouldn't mess up the process or take longer being it is not associated with AOS or AP. If that is the case, I will look into it more closely.

Thanks.

[Bobby+Umit 161]

Just want to add - you have to get married in the 90 days of entry. (requirement of the K-1 visa)

If you go beyond that - that opens a can of worms you do not want opened.

You also need to get the AOS started before your I-94 expires (which is the same 90 days for marriage) to avoid any ICE issues.

[Bobby+Umit 161]

Reading over the 765 instructions, I can't see which status you would use (since you used a K-1, your status is normally C-9) to apply for the EAD early.

As a K-1, you need a "pending application of adjustment" to use the C-9 status.

Again - I would highly suggest to just file for the EAD with the AOS/AP to avoid issues.

[john_and_marlene 162]

If you apply for an EAD based on the K1 entry, it will only be valid until the I-94 expires. Since it takes 60 - 90 days to get the EAD, it will be very close to expired or already expired when it arrives.

It makes no sense to apply for an EAD based on the K1 entry. To get an EAD that will not expire with the I-94, you will have to file for AOS. You cannot file for AOS until after you are married.

Why are you waiting for a birth certificate to get married? Does she not have a valid passport to establish identity for marriage?

[Bobby+Umit 161]

John - thanks for the info.

What status would they use if they filed with just the I-94?

[LuvMyPortuGAL 1]

Moved to AOS.

Yes - go ahead and apply for AOS/AP/EAD at the same time.

As long as you get married in the 90 day period since arrival - no issues.

You may be surprised like I was and get your GC before you get the AP/EAD.

Are you saying do not apply for just EAD now? Our point is that we could use EAD now being we can get married until we get the birth certificate.

What is GC?

I updated my post -

If you apply now for the EAD - without the AOS, you will pay for it. ($340) - It's free with the AOS submission. (So i would not recommend filing for the EAD first, I would file AOS/AP/EAD)

GC = green card.

One last question. Being you said that you were surprised to get your GC first, about how long does it take to get the GC if all docs are submitted at the same time? Also, dumb question, is a GC all that is needed to get employment?

[Gary and Alla 3,696]

I apologize if this topic is in the wrong place. K1 has been a good topic so I will start here. Move it if you feel it is necessary.

I will make a long story short.

Fiance arrived 11/28 and we wanted to marry immediately for a number of reasons (mostly for AP) but we are delayed waiting for her birth certificate to arrive which is hung up in USPS customs. (thee weeks!!!). Side note: NEVER USE USPS internationally. Go with FED EX!!

I was going to apply for AOS, AP, and EAD at the same time, as that seems to be the typical and recommended procedure.

But since we are delayed for an unknown period of time waiting for the birth certificate to get married and apply for AOS and AP, is it possible or okay to go ahead and apply for EAD, or would that mess things up even worse?

Thanks!

You should not need a birth certificate to get married. we never showed any such thing, just the passport for ID. DO NOT go past the 90 days from US entry before getting married.

Applying for an EAD before getting married is a complete and total waste of time and money. You will pay $340 for and it will expire when her I-94 expires after 90 days. I can take 90 days to receive. So it will expire about the time you get it.

Get married and file for all at once.

[Bobby+Umit 161]

51 days from filing till GC.

Yes - GC is all that is needed. (we didn't even see the AP/EAD)

Edited December 18, 2009 by Bobby_Umit

[TruLuv 0]

John - thanks for the info.

What status would they use if they filed with just the I-94?

I don't believe that you need to apply for EAD with I-94 from K1 visa. As long as your I-94 is valid you are ok to work. Usually people don't because as soon as your i-94 is no longer valid you must then wait for your EAD and I don't think many employers would be very understanding of this. You should wait to apply for EAD when applying for AOS.

Again, why do you need birth certificate to marry?

[john_and_marlene 162]

John - thanks for the info.

What status would they use if they filed with just the I-94?

A6

[Bobby+Umit 161]

John - thanks for the info.

What status would they use if they filed with just the I-94?

A6

thanks -- "filing away tidbits"