EAD without AOS

[drigenhughes 0]

Does anyone know if you are married on a K-1 VISA but don't quite have the money to do the AOS, can you first just apply for the EAD so that he can work and we can save money to apply for the AOS? Thanks, any ideas are appreciated.

[Messybrownhair 251]

Yes you can, but it will only be valid until your I-94 is valid...

[Helen Louise Pile 80]

Does anyone know if you are married on a K-1 VISA but don't quite have the money to do the AOS, can you first just apply for the EAD so that he can work and we can save money to apply for the AOS? Thanks, any ideas are appreciated.

Yes, a K1 may apply for EAD on arrival. It will cost $380and will expire when the I-94 does. (At the end of 90 days)

Not really worth it when you take into account processing time. Save the money to apply for AOS when you may file EAD for no extra cost.

Good luck.

[LIFE'SJOURNEY 970]

Does anyone know if you are married on a K-1 VISA but don't quite have the money to do the AOS, can you first just apply for the EAD so that he can work and we can save money to apply for the AOS? Thanks, any ideas are appreciated.

You can file for the EAD separate, But it will only be valid until his I-194 expiration date. After that date he will be out of status, his EAD will no longer be valid. The AOS is what put him into a legal status, until he receives the GC. Not worth the money to do this..my 2cents.

Borrow the money to AOS, from friends or foe.

[Inky 1,111]

Take out a small loan to pay for it, thats what we did, got a loan from the bank for 500$ to cover the end cost that we didn't have.

[I AM NOT THAT GUY 5,715]

Yes you can, but it will only be valid until your I-94 is valid...

Sorta. The I-94 often has no expiration date, or may show an expiration date more than 90-days after your arriving at the POE. Chances are your 90-day status as a K-1 Visa holder will expire before, or shortly after you receive your EAD. After that time until you file for AOS, you have no status under which you can request an EAD.

Edited May 16, 2011 by Some Old Guy

[Helen Louise Pile 80]

Sorta. The I-94 often has no expiration date, or may show an expiration date more than 90-days after your arriving at the POE. Chances are your 90-day status as a K-1 Visa holder will expire before, or shortly after you receive your EAD. After that time until you file for AOS, you have no status under which you request an EAD.

My I-94 states 'Valid until: XX/XXX/XX on it. This was written by CBP at my POE.

OP-The point is that you are considered 'out of status' once your 90 days areup (until your AOS is approved)so you may only apply for the EAD for the duration of those 90 days.

[I AM NOT THAT GUY 5,715]

My I-94 states 'Valid until: XX/XXX/XX on it. This was written by CBP at my POE.

OP-The point is that you are considered 'out of status' once your 90 days areup (until your AOS is approved)so you may only apply for the EAD for the duration of those 90 days.

They actually put X's and /'s for the date?

Just kidding.

My wife's I-94 had no expiration date. I have heard of others that were stamped to be valid for one year.

You are correct the the 90-day period begins once you arrive at the POE, and so does your work eligibility ( and ends 90 days later). However, your work eligibility begins again once you file for AOS, not when it is approved. Of course, until you receive your EAD, you have no way to show that you are indeed eligible.

The EAD is an interim document that shows your eligibility to work while awaiting a final determination of your status. Once you are approved, you are supposed to surrender your EAD.

Edited May 16, 2011 by Some Old Guy

[Helen Louise Pile 80]

They actually put X's and /'s for the date?

Just kidding.

My wife's I-94 had no expiration date. I have heard of others that were stamped to be valid for one year.

You are correct the the 90-day period begins once you arrive at the POE, and so does your work eligibility ( and ends 90 days later). However, your work eligibility begins again once you file for AOS, not when it is approved. Of course, until you receive your EAD, you have no way to show that you are indeed eligible.

The EAD is an interim document that shows your eligibility to work while awaiting a final determination of your status. Once you are approved, you are supposed to surrender your EAD.

I had wondered about that. I received my EAD after my Greencard. Indeed, it was approved after my AOS was. It all happened pretty quickly. Who do you surrender your EAD to?

Helen

[I AM NOT THAT GUY 5,715]

I had wondered about that. I received my EAD after my Greencard. Indeed, it was approved after my AOS was. It all happened pretty quickly. Who do you surrender your EAD to?

Helen

Weird how the USCIS actually functions at times. I wouldn't worry unless they asked for it.

In our case, we surrendered the card at the AOS interview. At the end of the interview, the IO asked to see the card, punched a couple holes in it, then attached it to our file. He then stood, and said, "Congratulations. You have been approved. Do you need your passport stamped?"

Our friends went through the process a year later, with a different IO. He never even asked to see the card, so they kept it.

Edited May 16, 2011 by Some Old Guy

[JimVaPhuong 4,863]

Weird how the USCIS actually functions at times. I wouldn't worry unless they asked for it.

In our case, we surrendered the card at the AOS interview. At the end of the interview, the IO asked to see the card, punched a couple holes in it, then attached it to our file. He then stood, and said, "Congratulations. You have been approved. Do you need your passport stamped?"

Our friends went through the process a year later, with a different IO. He never even asked to see the card, so they kept it.

They don't always want the EAD back. We offered to give them back (a K1 and two K2's) at the interview, but the IO said she didn't need them, and we could keep them.

[VanessaTony 3,567]

My wife's I-94 had no expiration date. I have heard of others that were stamped to be valid for one year.

You are correct the the 90-day period begins once you arrive at the POE, and so does your work eligibility ( and ends 90 days later). However, your work eligibility begins again once you file for AOS, not when it is approved. Of course, until you receive your EAD, you have no way to show that you are indeed eligible.

The EAD is an interim document that shows your eligibility to work while awaiting a final determination of your status. Once you are approved, you are supposed to surrender your EAD.

All K1's have their I-94's stamped with a date 90 days from their arrival. If it's not there it's an error. In your case it may not have been the process "back then" as i see your status is "naturalisation pending" so I assume it's been a while since she arrived on a K1 (I say assume because you have no timeline so i'm just guessing based on what I can see). I also assume that all people who enter get some sort of date. I know for my friends F1 it said d/s (duration of status) and visitors get a date written for when they need to leave as well...

[Helen Louise Pile 80]

Weird how the USCIS actually functions at times. I wouldn't worry unless they asked for it.

In our case, we surrendered the card at the AOS interview. At the end of the interview, the IO asked to see the card, punched a couple holes in it, then attached it to our file. He then stood, and said, "Congratulations. You have been approved. Do you need your passport stamped?"

Our friends went through the process a year later, with a different IO. He never even asked to see the card, so they kept it.

Yes,very weird.

The only time we've talked to a person through this whole process was my interview in London and a 5minute biometrics appt here in Vermont. I find this weird because it means my husband has not had to 'present' himself at any time during the process, just pay money and sign forms.

I guess I will hold on to it. I think most people get interviewed for ROC so I guess we will talk to a IO then.

Thanks!

Sorry for taking this alittle off topic. I gather the OP got lots of good advice for his question.