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Hi, im come to the US with the K1 visa, married and apply for the AOS and the EAD within the 90 days window.

I thought fee for the AOS and the EAD is 1070 and i got rejected for the EAD. I call and they say i need to pay the fee for the EAD for $380.

My question is,

1. If my AOS approved, do i still need EAD to work?

2. How long (approximately) does it take to get the AOS approve and also for EAD.

3. Do i need my AOS approve to get my drivers license?

My point is, if the approval for the EAD and the AOS is around the same time, i am contemplating on not applying for the EAD.

Please share your thoughts.

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Hi, im come to the US with the K1 visa, married and apply for the AOS and the EAD within the 90 days window.

I thought fee for the AOS and the EAD is 1070 and i got rejected for the EAD. I call and they say i need to pay the fee for the EAD for $380.

My question is,

1. If my AOS approved, do i still need EAD to work?

2. How long (approximately) does it take to get the AOS approve and also for EAD.

3. Do i need my AOS approve to get my drivers license?

My point is, if the approval for the EAD and the AOS is around the same time, i am contemplating on not applying for the EAD.

Please share your thoughts.

First the 90 days are just that you have to married before 90 days not file AOS.

It is $1,070 and filed together the fee for EAD got waived.

What reason did you put under your EAD? © (9)???

No if you have GC then you don't need EAD. EAD take around 65-90+ days to get GC often a bit longer. (Also some places have a very long wait time for interview)

About DL it all depends on your state, go to your DMV and talk to them. Some can get it right away, some need EAD first.


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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USCIS made a mistake.

Once you get the green card you no longer need ead but it's impossible to say how long it will take to approve your aos. Ead is approved in 90 days. It fills in the time in between which could be days or could be a year.

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Thank you, further question, does the 90 days applied after i send the document again?

Are you worried about 90 days window, to send your AOS in?.. If so, you shouldn't worry about this. As Georgia16 mentioned - 90 days is a window to get married. Regarding the AOS, you need to file it as soon as you can - again, for your good,, but there is really no specific deadline or so.
The same with an EAD. You can apply for this along with your AOS application, or you can submit it later. It will still be fee waived.
Just an example: my AOS was pending 15 months. EAD is valid for 1 year, so I had to re-new my Employment Authorization to keep working, to be able to drive, travel and etc. I submitted my another EAD package and it was renewed for free, because my AOS sill was pending.
Edited by Ksenia_O

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