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Confusion with EAD and Social

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Filed: K-1 Visa Country: Colombia
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Hello, fellow visa journey memebers, i"ll be really quick with my question, my fiancee came to the USA on her K-1 visa and we just got marrried a few days ago, can she apply for an EAD now that shes married, because i was researching that she could have applied for an EAD before we got maried but it would have expired in 90 days, can somepne answer that question for me?? thanks.

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If she applies for an EAD based on her K-1 entry (that's classification a6) then it will still be only good as long as her I-94, so even less than 90 days. It will cost the same $340, and if it arrives just before expiration (or after!) you're still out the cash. Also, It may be difficult to find an employer who's willing to go through all the work and paperwork to get someone hired only for a couple of weeks. Although legally possible to obtain, it is absolutely USELESS in practice.

Your best bet is to apply for an EAD concurrently with or after the adjustment of status application, which you can do now that you're married. The fee will be waived, and it will be good for a year, which will most probably hold you over until the green card arrives. This is under classification c9, adjustment applicant.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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If she applies for an EAD based on her K-1 entry (that's classification a6) then it will still be only good as long as her I-94, so even less than 90 days. It will cost the same $340, and if it arrives just before expiration (or after!) you're still out the cash. Also, It may be difficult to find an employer who's willing to go through all the work and paperwork to get someone hired only for a couple of weeks. Although legally possible to obtain, it is absolutely USELESS in practice.

Your best bet is to apply for an EAD concurrently with or after the adjustment of status application, which you can do now that you're married. The fee will be waived, and it will be good for a year, which will most probably hold you over until the green card arrives. This is under classification c9, adjustment applicant.

Sorry to butt in, but I just want to make sure I understood something you said. If I apply for an EAD at the same time as my AOS, I don't have to pay for the EAD?

June 7, 2010 - Will asked me to marry him, and I said YES!!
October 4, 2010 - Will sent away the I-129F Petition
October 12, 2010 - NOA1 received!
October 15, 2010 - First "touch"
October 18, 2010 - Second "touch"
March 7, 2011 - NOA2!!!
March 18, 2011 - NVC forwarded our case to the Montreal Consulate....NOT where we wanted it to go!
March 25, 2011 - Email from Montreal saying that our case would be forwarded to Vancouver - only took one night for a reply from them smile.png
April 5, 2011 - Vancouver has our package!
April 6, 2011 - Received Packet 3 via email - now just waiting on my police certificate.
April 13, 2011 - faxed Packet 3 to Vancouver
April 14, 2011 - received Packet 4 via email
May 4, 2011 - Medical appointment
May 5, 2011 - Interview!! APPROVED smile.png


June 16, 2011 - POE at Blaine Peace Arch Crossing
June 28, 2011 - Got married by Elvis in Vegas!
Aug 8, 2011 - Received SSN in the mail.

Aug 31, 2011 - Sent off AOS Package
Sept 7, 2011 - Package received by USCIS
Sept 9, 2011 - Notice of Action email for AOS, EAD, and AP.
Sept 16, 2011 - Received my Biometrics Appt. letter for the 30th.
Sept 22, 2011 - RFE sad.png
Sept 30, 2011 - Biometrics Appt.
Oct 26, 2011 - Received interview letter for Dec 1st
Nov 4, 2011 - EAD/AP approved
Nov 12, 2011 - Received combo card in the mail
Dec 1, 2011 - Interview - APPROVED smile.png
Dec 9, 2011 - Greencard arrived in the mail!

Oct 18, 2013 - I-751 Package signed for at CA Service Center

Mar 5, 2014 - Approved! Awaiting greencard in the mail

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Sorry to butt in, but I just want to make sure I understood something you said. If I apply for an EAD at the same time as my AOS, I don't have to pay for the EAD?

Yes, you understood correctly. If you apply for the employment authorization document (EAD) concurrently or after you apply for AOS based on your pending adjustment (classification C9) then the fee for the EAD is waived.

That's been the case since the fee structure changed a few years ago. I guess you used to pay for AOS AP and EAD separately, and could therefore save money by skipping one or another, but that's not the case any more. :(

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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