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newLife2010

EAD when to apply and time to receive

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Filed: K-1 Visa Country: India
Timeline

I was loking at the flow chard for K-1 and going through all the things that still need to be done. So far I have just received the NOA1 but want to be ready for everything now. I am a little confused over the EAD timeline. Reading through the post it seems some times it takes a long time (i have heard from people in my friends circle about EAD taking as long as 18 months) but the timeline/flowchart shows it taking only 2-3 months. Soo..what's the realistic time I can look forward too.

Also a similar clarification on the AOS will help.

My next question about the filling of AOS..Can I file it as soon as we get married before K-1 expires?

And File EAD at the same time?

I know most of this info is posted on top of the forum but just want to get more clarification.

Thanks

1/20/10 - Met first time.....Yes arranged by family....Instant Connection

1/31/10 - Got Engaged

2/05/10 - Back to US and playing the Phone Game

4/20/10 - I-129F Sent

4/21/10 - NOA1

4/22/10 - Check Cashed

4/23/10 - Touched

4/26/10 - NOA1 Received

6/29/10 - Touched

6/29/10 - NOA2 Mailed

6/30/10 - e-mail received: I-129F Approval and NOA2 mailed (strange that e-mail sent a day later after they mailed)

7/01/10 - Hardcopy NOA2 IN HAND

7/06/10 - NVC Received case

7/07/10 - Called NVC and given the new case number YES YES YES YES YES!!!!

7/08/10 - Case Left NVC, send to consulate

7/12/10 - Consulate Received

7/13/10 - Packet 3 Sent to fiance

Present: - Waiting

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The K1 'expires' the moment you enter the US. Your status is then derived off the I 94. It's best to file AOS as soon as possible after you marry, certainly before the expiry date on the I 94 if at all possible.

If you'll read the AOS guide, you'll see that the AOS packet contains the application for each your green card, your EAD and AP.

I've never heard of EAD taking 18 months. 2-4 months is more likely.

*edited for typo*

Edited by TracyTN
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Filed: Citizen (apr) Country: Australia
Timeline

I was loking at the flow chard for K-1 and going through all the things that still need to be done. So far I have just received the NOA1 but want to be ready for everything now. I am a little confused over the EAD timeline. Reading through the post it seems some times it takes a long time (i have heard from people in my friends circle about EAD taking as long as 18 months) but the timeline/flowchart shows it taking only 2-3 months. Soo..what's the realistic time I can look forward too. 2-3 months is correct ONCE YOU ARE IN THE US AND FILE AOS.

Can I file it as soon as we get married before K-1 expires? The K1 visa is dead on arrival. You have 90 days from arrival in the US to get married. THAT is the date you need to worry about. And yes, you can file it as soon as you are married and have a copy of the marriage certificate

And File EAD at the same time? Just about everyone does because the fee is waived. It makes sense which is why people always discuss AOS and EAD in the same breath

The K1 has ABSOLUTELY NOTHING to do with EAD until you are in the US and married and filing for AOS so you are completely jumping the gun (by around 6 months or so actually... I hope you haven't tried to file that form). So this is the wrong place and I will move it.

Please read this thread: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included which will discuss what to do following arrival in the US and subsequent marriage.

If you have any further questions following reading the above thread, please feel free to ask again.

** moved from "K-1 Fiance(e) Case Filing and Progress Reports" to "Adjustment of Status (Green Card) from Family Based Visas" as the prior forum is for K1 case updates/progress and this is an AOS related question**

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