Apply for a work permit before AOS

[Mama mia 9]

This post is for a friend who recently got married to a USC. Since they dont have enough money to file AOS, they are wondering if they can just file for the work permit first then AOS later..

Is this possible?

Thanks in advance!

[kzielu 1,149]

What's your friend's status ? If she did not enter on K-1, answer is no. Marriage itself does not change anything here.

[Mama mia 9]

Not K1, but as a student..

Thanks for your answer!

[Moomin 292]

Take a loan for AOS.

Work permit does not cost anything when submitted with or after AOS. Before then, it costs around 300 dollars. Which means it's just 300 more out the window because she has to be in a lawful stay in order to work, and she has to have arrived on a visa that allows her to work. It takes 3 months to get it approved/denied and she'll most likely be out of status there anyways. SO long story short: Take a loan, submit AOS and work permit in ONE envelope and the fee for work permit is waived. She can start working sooner and then help pay off the loan.

If possible, add both names to the loan, bring to AOS interview as one proof(amongst other evidence) that they're co-mingling, have bills together etc.

[Harpa Timsah 13,258]

Nope, she has no way to get a work permit except through AOS.

[I AM NOT THAT GUY 5,715]

Nope, she has no way to get a work permit except through AOS.

Is her student visa still valid?

Edited January 29, 2013 by The Patriot

[Harpa Timsah 13,258]

Is her student visa still valid?

Oh, that's true. She could pursue on-campus part-time employment or OPT if it's the appropriate time and the visa is still valid.

[Mama mia 9]

Thanks for all your replies.

Overstayed student visa and not in school so no way to work on campus or OPT.

Thanks to everyone for taking your time answering my question. If they were able to get a work permit might have helped to secure funds to file AOS.

[I AM NOT THAT GUY 5,715]

Thanks for all your replies.

Overstayed student visa and not in school so no way to work on campus or OPT.

Thanks to everyone for taking your time answering my question. If they were able to get a work permit might have helped to secure funds to file AOS.

File that AOS as soon as possible. Even though she is married to an US citizen, she currently is out of status and subject to deportation.