Filing the AOS

[Alhamdulillah 0]

I have two quick questions about filing the AOS...

1) does that have to be done before the 90 days for the visa is up? Would it be ok if it's a little late as long as we have our marriage license before that date? Anyone have any experience with this?

2) Does that other form requesting EAD (I can't remember the form number right now) have to be filed at the same time exactly as the AOS or can we submit the AOS with the $325 fee and then two weeks or a month later submit the request for EAD with the $170 fee or do you have to send both of them in together if you want that EAD that's good for a year while you're waiting on the GC?

I hope that made sense outside of my head

[dave_ehssa 0]

I have two quick questions about filing the AOS...

1) does that have to be done before the 90 days for the visa is up? Would it be ok if it's a little late as long as we have our marriage license before that date? Anyone have any experience with this?

2) Does that other form requesting EAD (I can't remember the form number right now) have to be filed at the same time exactly as the AOS or can we submit the AOS with the $325 fee and then two weeks or a month later submit the request for EAD with the $170 fee or do you have to send both of them in together if you want that EAD that's good for a year while you're waiting on the GC?

I hope that made sense outside of my head

Anytime before 90 days...dont make it separate...need to send it together. I've read this questions already and they said need to submit both..dont separate it.

[Kez/JWolf 6]

AS long as you got married within the 90 days then you are ok.... you do not have to file for AOS before the 90 days are up... just file as soon as you can.....

As for the EAD YES you can file at anytime after you have file for AOS.... but remember that it take 90 days+ to get the EAD... so the longer it is since you filed for AOS the more change there will be of you getting approved for your Greencard before the EAD is approved and you would have wasted the money....

Kez

Edited May 10, 2007 by Niagaenola

[Dr_LHA 3]

I have two quick questions about filing the AOS...

1) does that have to be done before the 90 days for the visa is up? Would it be ok if it's a little late as long as we have our marriage license before that date? Anyone have any experience with this?

It will be fine. Offically the K-1 holder will be out of status after the 90 days, but that really doesn't matter, and will not affect AOS.

2) Does that other form requesting EAD (I can't remember the form number right now) have to be filed at the same time exactly as the AOS or can we submit the AOS with the $325 fee and then two weeks or a month later submit the request for EAD with the $170 fee or do you have to send both of them in together if you want that EAD that's good for a year while you're waiting on the GC?

I would advise to file at the same time, but there's no reason you can't do it a month later. Given that it takes 90 days to be approved you really should get it in as early as possible.

[Jenn! 918]

Agree with Kezzie and DR_LHA. Just wanted to drive home the point that the marriage must take place within the 90 days. It is not sufficient to have a marriage license. The license only gives you permission to marry.

[YuAndDan 153]

1) SEE: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 and http://www.visajourney.com/faq/k1k2visa-aos.html#6.2.3

2) SEE: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead Can be together or file for EAD after AOS.

The FAQ and Guides have your answers.

[Alhamdulillah 0]

Agree with Kezzie and DR_LHA. Just wanted to drive home the point that the marriage must take place within the 90 days. It is not sufficient to have a marriage license. The license only gives you permission to marry.

Right, we got the marriage license from one place and then took it to a judge at the courthouse who "officiated" the marriage and is supposed to have sent it back to the other place. I haven't requested a copy of the certificate yet but it's done.

[Alhamdulillah 0]

1) SEE: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 and http://www.visajourney.com/faq/k1k2visa-aos.html#6.2.3

2) SEE: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead Can be together or file for EAD after AOS.

The FAQ and Guides have your answers.

Thanks!

Maybe we'll just go ahead and file the AOS and forget about the EAD altogether... I just would hate for it to end up taking like a year or more for the GC and him not be able to work all that time.