2 questions

[david b 2]

I have my AOS interview in January and would like to know if there is any chance I will get a EAD before then..? Does anyone have any thoughts?

I really need to get a job and have had a few hopeful replies, but I can't go any further...! It's so frustrating!

Also, has anyone manage to get a driving license before they go the green card? I tried but they said no because there is not enough time on my I94.

[marriedtomrg 140]

In a number of states, you'd have to wait for your green card to be issued before you can apply for a driver's license.

When's your interview? If it's early January, and you pass, they could very well give you a green card already...then they wouldn't need to issue you an EAD.

I have my AOS interview in January and would like to know if there is any chance I will get a EAD before then..? Does anyone have any thoughts?

I really need to get a job and have had a few hopeful replies, but I can't go any further...! It's so frustrating!

Also, has anyone manage to get a driving license before they go the green card? I tried but they said no because there is not enough time on my I94.

[YuAndDan 153]

Most states require evidence of legal presence valid for 1 year or longer before they will issue a driver's license or learner's permit. For example NY state will accept an I-94 that is valid for 1 year or longer as in a K-3. most states will only accept EAD or green-card. HOWEVER, many states will allow you to use a foreign DL, until you have residence status as in green-card at which time you are considered a state resident and then are required to have a state DL to drive, for example a Canadian can use Canadian DL until they have a green-card at which point will be required to get a state DL.

As for EAD, technically a K-1 is work auth for 90 days after entry to USA, some employers may employ and give you 90 days to provide them with EAD card.

I have seen many get Green-card before EAD card.

[Harpa Timsah 13,258]

As for EAD, technically a K-1 is work auth for 90 days after entry to USA, some employers may employ and give you 90 days to provide them with EAD card.

This is no longer true. A K-1 is not work authorized... and the airports have stopped giving out that stamp because it was confusing and misleading. There have been a number of posts about this change (although from what I understand it wasn't a change per se, but more of a clarification on the part of State Dept/USCIS).

[david b 2]

Thanks for the replies. The K1 is not a 90 day work permit as the last person said..... I guess I will just wait for my green card and then get my driving licence asap after that. Ill wait and see if I get a work permit, if not, then my green card won't be too much longer...

Waiting waiting waiting, how do they expect you to make any kind of life while we do all this waiting..... ?! I can't do hardly anything until I get the green card. I am feeling very useless lol!

[YuAndDan 153]

Yep, if the desire is fast green card the better route would have been marry first and then apply for a CR-1 spouse visa. Entry to USA results in green card status at POE. Also much less expensive with no adjustment of status.

[Minya's wife 24]

This is no longer true. A K-1 is not work authorized... and the airports have stopped giving out that stamp because it was confusing and misleading. There have been a number of posts about this change (although from what I understand it wasn't a change per se, but more of a clarification on the part of State Dept/USCIS).

A K-1 is technically work authorized even during the 90 day period before marriage, as long as an EAD is presented. Meaning you are eligible for an EAD upon entry in the US on a K-1. The difficulty is that getting and EAD can take up to 90 days, so it is virtually a waste of time/money to apply for it and many people do not. Airports have stopped issuing the EAD stamp, because they are not sufficient in proving work authorization...an EAD card is what is necessary, and that is not issued at airports, by the DOS, only through approval of the application filed with USCIS.

OP, depending on how far out in January your AOS interview is, you may just have to wait out this time. If you applied for an EAD at the time of your AOS application, the card may come before your interview. If that is the case, you can reply to your job offers with your work authorization. If not, unfortunately, your ability to accept a job offer will have to wait until after you successfully adjust status. Good luck.

Edited December 15, 2010 by Minya's wife