so confused on next step..

[Jaime&Khalid 0]

as of 7pm tonight my fiance will be in the usa.. what is our next step to get him employment authorization?? we dont have the money to file AOS at this time..Also when will he receive his social security card, and yes i know we have to get married first before the employment authorization.. he is eager to work!!!

[Bobby+Umit 161]

Your next step is to apply for the AOS - find the money to do so. If you go out of the I-94 expiration date, you are "out of status" - which could cause problems with ICE.

If you get an EAD now, before the AOS- it will be only good for 90 days (or the date of the I-94) - it will be longer if you send it in with the AOS (not to mention cheaper).

Edited December 29, 2011 by Bobby+Umit

[TimeTravel 78]

Yes, you guys have first get married, then must apply for AOS.

Because K-1 visa is legally classified as a non-immigrant visa. Non-immigrant visa dont allow to work in US.

May be, get some loan for AOS, and it would be worth to pay back easily once he gets the job. I think AOS cost around 1k USD.

[Bobby+Umit 161]

Moved from K-1 to AOS from Family based visa - better answers.

[ceadsearc 516]

Your husband can apply for his EAD immediately. But it won't be free like it would be when filed with AOS, and it will take 70-90 days to approve. It will expire when his I-94 expires so he would only legally be able to work for a couple of weeks if at all.

Best bet is to file AOS.

[VanessaTony 3,567]

As everyone else stated. When he arrives he has 90 days on his I-94. You need to get married in those 90 days.

He can file for the I-765 before you marry because it's based on being a K1 (a6) and not his AOS (c9). It will take around 2 months to be approved. It would be valid until his I-94 expires meaning he *might* have a month of working (if he's lucky). Once his I-94 and EAD expire he needs to stop working. Seeing the EAD costs close to $400 it is a complete waste of money.

The best choice is to marry asap and file for AOS with the EAD and AP that won't cost anything additional. EAD/AP would be approved in the same amount of time however it's valid for a year and you'd get the GC not much later. Hopefully you can get a loan or borrow the money from a friend/family member.

[ALWAYS-HAPPY 0]

make it easy and short from my experience:

He can get teh SSN in few days from SSN Office closer to ur resident the should take his Passport with I-94 they might ask him for Birth certificate.

get the Marriage License just with his Passport.

1-First get Married.

2-Find money 1070$ fees for the AOS I-485

3-Once u will receive the NOA1 for AOS go ahead and file the Employment Authorization Document I-765 (because u applied for AOS u dont have to pay 381$ fees but dont forget to send the NOA 1 for I-485 with the I-765)

Then ur Husband at the time will receive his EAD first before the green card.

Good luck.

wish I had somebody to tell me all that hhhhhh

Edited December 24, 2011 by ALWAYS-HAPPY

[Darnell 8,478]

are you stuck on the '90 day window' from the i-94? That's only 'to get married' - you've 90 days 'to get married', and that's it.

There's no reg, nothing in 9FAM, that stipulates WHEN the AOS packet is filed.

So, get married within that 90 day window, save yer pennies, work 2 jobs - whatever you can do, to make the scratch necessary to file the AOS - you've some time. Can you raise that much in 6 months, say?

[KayDeeCee 4,893]

make it easy and short from my experience:

He can get teh SSN in few days from SSN Office closer to ur resident the should take his Passport with I-94 they might ask him for Birth certificate.

get the Marriage License just with his Passport.

1-First get Married.

2-Find money 1070$ fees for the AOS I-485

3-Once u will receive the NOA1 for AOS go ahead and file the Employment Authorization Document I-765 (because u applied for AOS u dont have to pay 381$ fees but dont forget to send the NOA 1 for I-485 with the I-765)

Then ur Husband at the time will receive his EAD first before the green card.

Good luck.

wish I had somebody to tell me all that hhhhhh

Yes, the fee is $1070 for the I-485, but you do not have to wait to file for the travel and work documents. You file them together with the I-485 and the fees for them are waived. You CAN file after and show your NOA to prove you filed and don't have to pay for it, but it saves time and mailing fees if you just send them altogether to begin with.

As others have said, you can get his SSN and file for the EAD before filing AOS, but there is a hefty fee and it is not guaranteed he will even get to use it to work it all because it might come right before or even after his I-94 expires. A total waste, and you are lacking funds as it is. You need to file for AOS as soon as you can so he can get the EAD or green card to be able to work.

Edited December 25, 2011 by Jay-Kay