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Filed: K-1 Visa Country: Philippines
Timeline
Posted

can I apply for EAD and AOS as soon as I enter US even if not married yet?

08/31/09 - I-129F sent

09/02/09 - NOA1

09/03/09 - touched

09/08/09 - NOA1 (mail)

12/03/09 - touched (around 12noon)

12/03/09 - NOA2 (7:31pm - email and text msg)

12/08/09 - NOA2(mail)

12/10/09 - NVC forwarded our application to Manila Embassy

12/16/09 - Manila Embassy Received approved I-129f

12/21/09 - Request for interview schedule (not qualified yet) - wait for 3weeks or until letter have received

(current interview schedule is jan 6-jan 22)

12/26/09 - Request for interview schedule (Jan 22, 2010)

01/07/10 & 01/11/10 - Medical

01/15/10 - worked on DS-156, 156k, 157

01/15/10 - BDO Visa payment

xx/xx/10 - packet 3 (not received)

xx/xx/10 - packet 4 (not received)

01/22/10 - interview

RESULT: Passed

01/28/10 - visa received

02/12/10 - entry to US

03/21/10 - Wedding =)

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You will need to submit your marriage certificate with the AOS petition so no, you can't apply before you are married.

04/01/2007: Met online

08/24/2007: First trip to the Philippines. 09/11/2007: Left Philippines...sad day

09/13/2007: Gathering info for I-129F

09/22/2007: Mailed I-129F. 09/26/2007: Delivery confirmation of I-129F

09/27/2007: NOA1 Notice Date

10/01/2007: I-129F Check Cashed

10/02/2007: Touched

10/04/2007: NOA1 received in the mail

10/23/2007: Second visit to Philippines

01/11/2008: NOA2 Approved!

01/14/2008: Touched

01/15/2008: Petition arrived NVC. 01/17/2008: Petition left NVC

01/18/2008: Date on NVC letter

01/18/2008: NOA2 Received in Mail

01/22/2008: Petition arrived in Manila @ 10:53 a.m., Signed for by Grace

01/22/2008: NVC letter arrived in the mail

01/24/2008: Found medical and interview dates on embassy web site

02/04/2008: Packet 4 received

03/04/2008: Medical Exam @ 6:30 AM

03/08/2008: Third trip to Philippines

03/13/2008: Interview @ 6:30 AM...APPROVED!!!

03/13/2008: CFO Seminar in Manila

03/17/2008: Visa released to Delbros

03/18/2008: Visa delivered to our hotel in Manila by Delbros @ 8:30 AM

03/19/2008: We fly home! POE Guam

04/10/2008: Applied for Social Security card

04/14/2008: Applied for marriage license

04/15/2008: Received Marriage license

04/17/2008: Received Social Security card

04/21/2008: Married!

05/01/2008: Applied for name change on Social Security card

05/15/2008: Pregnant!

05/25/2008: Mailed AOS

01/08/2009: AOS Approved!

01/16/2009: Green card arrived

01/20/2009: Our baby is born!

Posted

You can't apply for AOS, no. Without being married, you can't adjust your status because it hasn't changed.

You can technically apply for EAD. HOWEVER.... It costs $340 to apply for your EAD by itself. The theory is that it takes the same amount of time (60-90 days) to receive it and you cannot begin employment until you have it. Furthermore, it will restrict your employment to the expiry date of your I-94 (90 days from entering the country) so in practice, most people do not bother applying for an EAD as it will offer such a short period of employment. Once your EAD expires, you can reapply when you AOS but have to wait for the new EAD to arrive (another 60-90 days) before you can take up work again. The AOS EAD application is included in the AOS fee ($1010) so the general advice seems to be get legally married asap after entering on your K1 (quick I-Do in front of a judge), file your AOS and wait for the 1 year EAD to arrive 60-90 days after filing.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Posted
can I apply for EAD and AOS as soon as I enter US even if not married yet?

NO, remember that you are required to do one thing first before anything else as a K1 visa holder: get married w/in 90 days.

:)

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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