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CantWait2012

EAD before marriage?

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I will try to be simple and to the point.

From a previous marriage/divorce settlement I receive alimony. Alimony (by California law) terminates upon remarriage.

I did not include alimony (or child support) in my yearly earnings on the I-134 (still in process of filling it out) and marked my child as partially dependant (best way I could think to do it). The I-129f has copies of the settlement agreement and I will send a statement from my attourney with the I-134 stating I receieve the child support on top of my annual income. (Without the child support and alimony I am still above the income requirements).

However, when my fiance comes, I still have the same bills, same rent, etc. (minus the alimony as soon as we marry).

I have looked through the forums and guides and the answers are all over the place regarding K-1 holders obtaining an EAD before marriage.

When he comes to the US, I'm confused as to what is legal/possible or what would be best plan of action. Need some advice. :hehe:

I'm thinking either....

1. We get him SS# and get married, and file for EAD/AOS right away a.s.a.p. (I lose my alimony and I get a second job until my fiance's EAD is approved and he can work)

Or...

2. Can he file for EAD before marriage? (IF he can, then we would file for EAD as soon as possible, wait for it to come BEFORE getting married (so alimony is still in play and income is not disrupted) Then when he gets EAD, we marry and file for AOS.

Any suggestions? :blink:

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You can file for EAD before marriage as a K1 entrant, however it expires when the I-94 expires, which is 90 days after arrival in the country. Incidentally, once you apply, it takes about 90 days for it to be approved and processed. So, it's pointless.

You would have to marry and then file for EAD with your Adjustment of Status (You can file separately but... no point, makes no difference and will cost you an additional EAD processing fee, It's free when you file for AOS). Again, takes about 90 days to process

Option 1 seems to be your best bet here

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The best plan would be to marry ASAP and then file the adjustment of status along with the EAD/AP, etc. He won't be working for a few months in that scenario.

You can try to ask for an expedited AP but your circumstances don't warrant that. It will not hurt anything by doing so.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I will try to be simple and to the point.

From a previous marriage/divorce settlement I receive alimony. Alimony (by California law) terminates upon remarriage.

I did not include alimony (or child support) in my yearly earnings on the I-134 (still in process of filling it out) and marked my child as partially dependant (best way I could think to do it). The I-129f has copies of the settlement agreement and I will send a statement from my attourney with the I-134 stating I receieve the child support on top of my annual income. (Without the child support and alimony I am still above the income requirements).

However, when my fiance comes, I still have the same bills, same rent, etc. (minus the alimony as soon as we marry).

I have looked through the forums and guides and the answers are all over the place regarding K-1 holders obtaining an EAD before marriage.

When he comes to the US, I'm confused as to what is legal/possible or what would be best plan of action. Need some advice. :hehe:

I'm thinking either....

1. We get him SS# and get married, and file for EAD/AOS right away a.s.a.p. (I lose my alimony and I get a second job until my fiance's EAD is approved and he can work)

Or...

2. Can he file for EAD before marriage? (IF he can, then we would file for EAD as soon as possible, wait for it to come BEFORE getting married (so alimony is still in play and income is not disrupted) Then when he gets EAD, we marry and file for AOS.

Any suggestions? :blink:

Yes, be gentle in breaking the news to your Ex, the excitement may be too much.

But seriously as others have said option is the only one that seems plausible.

PS: Is the Fiance fully aware of the importance of his immediate economic contribution?

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As others have said, the EAD you would receive if you apply for it before AOS would expire when the I-94 does. He probably would not even get a chance to use it and it would be a waste of $380. The fees for EAD and AP are waived when filed with a pending I-485. So, get all the documents together for filing AOS before you get married and have them ready to send off as soon as you get a copy of your certified marriage certificate from the court. It will still be about 2-3 months before he receives the EAD, but it is your best option. http://www.visajourney.com/content/k1k3aos


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Yes, be gentle in breaking the news to your Ex, the excitement may be too much.

But seriously as others have said option is the only one that seems plausible.

PS: Is the Fiance fully aware of the importance of his immediate economic contribution?

Haha Yeah I'm sure my ex will be jumping for joy :lol:

Yep, he knows the importance and is trying to tell me he will find a way to do something to make money, but I wont let him and explained it is not legal until he receives EAD, soo I will just hafta get a part time job for a couple months. :blush:

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As others have said, the EAD you would receive if you apply for it before AOS would expire when the I-94 does. He probably would not even get a chance to use it and it would be a waste of $380. The fees for EAD and AP are waived when filed with a pending I-485. So, get all the documents together for filing AOS before you get married and have them ready to send off as soon as you get a copy of your certified marriage certificate from the court. It will still be about 2-3 months before he receives the EAD, but it is your best option. http://www.visajourney.com/content/k1k3aos

OK, yeah the fee and then good probability of it not being able to be used seems a bit pointless :yes: I will do what you suggest and file for AOS and everything as soon as possible after marriage. Thanks for the input and advice from you all, it's truly appreciated. :)

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