EAD on non immigrant visa?

[matboard 0]

we are currently planning our wedding and preparing for the aos and im considering filing for an ead on my non immigrant visa.If i can transfer the ead with the adjustment of status and extend the length it may make sense,im just struggling to find any information on it and if it takes 70 odd days to issue and we have to be married in 90 then its pretty useless unless i can renew then i can get working sooner.the thought of 160 days before i can work fills me with dread,any help is really appriciated

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During Immigration Forum~

~Similar topics are often discussed at this forum~

[Amhara 460]

we are currently planning our wedding and preparing for the aos and im considering filing for an ead on my non immigrant visa.If i can transfer the ead with the adjustment of status and extend the length it may make sense,im just struggling to find any information on it and if it takes 70 odd days to issue and we have to be married in 90 then its pretty useless unless i can renew then i can get working sooner.the thought of 160 days before i can work fills me with dread,any help is really appreciated

I'm confused as to what you are attempting to do. Which NIV are you here on? If it's K-1, you are eligible to pay for the EAD and file for it as soon as you land; however, you must still wait for the processing time. Yes, if it's approved within 90 days, then it's useless because it's only valid through your I-94 date (90 days from the time you arrive.) Therefore, most people file the EAD with the AOS and skip the additional EAD filing fee.

Just go ahead and file the AOS - don't do the EAD separately.

[NikLR 13,228]

EAD takes about 90 days to get and would only be valid as long as your I-94. If you arrived on a K1 that is how long the I-94 lasts. It's pointless to pay for it.

Your issue is why many couples choose the CR1 route.

[LionessDeon 2,060]

http://www.visajourney.com/content/k1k3ead

If you read #1 under "when you can file". It explains this: Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

So, yes the majority (if not all) K1-AOS filers just file EAD along with AOS. Being unemployed for awhile is just how the cookie crumbles.

It really helps when you have questions.

Edited February 9, 2016 by LionessDeon

[lost_at_sea 995]

You're right that it's pointless.

Where are you on your immigration journey? How far down the process have you got? If you're still deciding what route to take, you could just get married and go down the I-130 for CR-1 path - it'll take a bit longer, but it'll mean you can work the same day you arrive in the USA.

If you're already too far down the road - then just enjoy the time off - you'll find yourself with a bunch of stuff to keep you busy, anyway (having a wedding, maybe a honeymoon in the US somewhere, getting to know your new home).

With the small amount of holiday allowance most US employers give out (it's pitiful compared to UK), this might be the longest break you get again in your working life!

Edited February 9, 2016 by lost_at_sea