Jump to content
MedicineManRx

Does the green card replace both the EAD & AP

 Share

14 posts in this topic

Recommended Posts

Hi,

 

I was wondering if the green card serves the same purpose as both the EAD and AP or do you need them even after receiving a green card?

 

The reason why I ask this is because, I am about to submit the Adjustment of Status (AOS) for my wife. I am fortunate to have a good career in the medical field, and my wife and I agreed that she was not going to look for work until our newborn child is 5 years old and has started school, also my wife does not have a reason/desire to return to her country of birth any time soon. The process time for an AOS in my area is 11.5 to 18.5 months at the moment. Once we receive her green card, she can then travel and/or work if needed or would she still need an EAD and AP? Thanks in advance!

Link to comment
Share on other sites

The green card supersedes the EAD/AP. An EAD/AP are just there to serve as a bridge while you're adjusting status to become a permanent resident.

2019-03-19: AOS concurrent filing (I-130, I-485, I-765, I-131) sent; AOS from F-1 Visa

2019-03-21: AOS package received

2019-03-26: All NOA1s received (dated 3-21)

2019-04-05: Received biometrics notice

2019-04-08: Walk-in biometrics completed

2019-04-10: Received email that case is ready to be scheduled for an interview

2019-04-16: Received email that interview was scheduled

2019-05-28: Green card approved at end of interview; email that case was approved received shortly after!

2021-03-06: I-751 package sent (delivered 03-09)

2021-04-02: $680 personal check fee cashed

2021-04-06: I-797 NOA (18-month extension letter) received, dated 04-01

2021-04-13: Fingerprints applied to I-751 case

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
9 minutes ago, MedicineManRx said:

The reason why I ask this is because, I am about to submit the Adjustment of Status (AOS) for my wife. I am fortunate to have a good career in the medical field, and my wife and I agreed that she was not going to look for work until our newborn child is 5 years old and has started school, also my wife does not have a reason/desire to return to her country of birth any time soon. The process time for an AOS in my area is 11.5 to 18.5 months at the moment. Once we receive her green card, she can then travel and/or work if needed or would she still need an EAD and AP? Thanks in advance!

Even if you don't think there's any chance your wife will need or want to work before she gets her green card, and you don't think there's any chance you will need to travel internationally before then either, you should still apply for EAD & AP. It doesn't cost anything extra, and unexpected things can happen (especially on the AP side; what happens if there's an emergency back in your wife's home country? Yes, you can apply for emergency AP, but it's always a risk that what you think is an emergency is also seen that way by USCIS. Or heck, because of your very good career you've got some time off and would like to take an international vacation with your wife? ).

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
20 minutes ago, MedicineManRx said:

Hi,

 

I was wondering if the green card serves the same purpose as both the EAD and AP or do you need them even after receiving a green card?

 

The reason why I ask this is because, I am about to submit the Adjustment of Status (AOS) for my wife. I am fortunate to have a good career in the medical field, and my wife and I agreed that she was not going to look for work until our newborn child is 5 years old and has started school, also my wife does not have a reason/desire to return to her country of birth any time soon. The process time for an AOS in my area is 11.5 to 18.5 months at the moment. Once we receive her green card, she can then travel and/or work if needed or would she still need an EAD and AP? Thanks in advance!

Emergencies arise so I’d recommend the travel card ., and,  depending  on your state drivers licence rules, she may need the EAD to get her drivers licence .. otherwise she waits until the GC to drive 

Edited by Lil bear
Link to comment
Share on other sites

25 minutes ago, DaveAndAnastasia said:

Even if you don't think there's any chance your wife will need or want to work before she gets her green card, and you don't think there's any chance you will need to travel internationally before then either, you should still apply for EAD & AP. It doesn't cost anything extra, and unexpected things can happen (especially on the AP side; what happens if there's an emergency back in your wife's home country? Yes, you can apply for emergency AP, but it's always a risk that what you think is an emergency is also seen that way by USCIS. Or heck, because of your very good career you've got some time off and would like to take an international vacation with your wife? ).

 

You said that the EAD and the AP doesn’t cost anything extra? When I looked under fees, one had a fee of $410 and the other a fee of $575? Or are they waived when you submit them with the AOS?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
11 minutes ago, MedicineManRx said:

 

You said that the EAD and the AP doesn’t cost anything extra? When I looked under fees, one had a fee of $410 and the other a fee of $575? Or are they waived when you submit them with the AOS?

When filed concurrently with the U 485 the fees for both EAD and AP are waived. 

File for them !! 😁

Link to comment
Share on other sites

13 minutes ago, Lil bear said:

When filed concurrently with the U 485 the fees for both EAD and AP are waived. 

File for them !! 😁

Oh! Well that makes things easier! Thank you for the information! 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
38 minutes ago, Lil bear said:

When filed concurrently with the U 485 the fees for both EAD and AP are waived. 

File for them !! 😁

The fees are also waived if you file for them with a copy of the NOA1 from the I-485, so if your forgot to or changed your mind, you still can.

Edited by DaveAndAnastasia
K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Link to comment
Share on other sites

Just now, DaveAndAnastasia said:

The fees are also waived if you file for them with the NOA1 from the I-485, so if your forgot to or changed your mind, you still can.

I just received my EAD/AP card two weeks ago and the SSN this week. I highly recommend you include the SSN application into this as it is also waived with the I-485. As we are applying for my wife's drivers license, health insurance, and bank account, the EAD+SSN will be necessary when showing proof of ID. You will also need your Passport (primary ID) and your marriage certificate as a legal document for name change (if she changed her name). 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
20 minutes ago, gdubnation said:

I just received my EAD/AP card two weeks ago and the SSN this week. I highly recommend you include the SSN application into this as it is also waived with the I-485. As we are applying for my wife's drivers license, health insurance, and bank account, the EAD+SSN will be necessary when showing proof of ID. You will also need your Passport (primary ID) and your marriage certificate as a legal document for name change (if she changed her name). 

There’s never a fee to get a ss number. It simply avoids a trip to the SSA office .. if they do send it .. and many times they don’t ... 😬

Link to comment
Share on other sites

Filed: K-1 Visa Country: Sweden
Timeline

Definitely ALWAYS file for EAD and AP when you file for AOS, even if you think you don't need them.

 

The EAD, even if you don't want to work, will serve as your only way of identifying yourself in many states. Many states refuse to issue you a driver's license or State ID without the EAD. If you don't have it you have to wait for the greencard which can take well over a year. Same goes for SSN if you for some reason didn't get one when you entered the country and your i-94 has expired - then the EAD is the ticket to get a SSN, and a SSN is important.

 

Also always good to have the AP in case there's an emergency and you have to leave the US.

 

Since both are for free there's absolutely no reason not to file for them.

 

Ss for your question - once your greencard is approved the EAD/AP will be invalid. EAD/AP is only a temporary thing you're granted while waiting for your greencard so you can still travel and work in the meantime.

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

As others have said, apply for EAD/AP/AOS at the same time, consider it a kind of insurance. From the I-495 instructions:

Quote

Filing Forms I-765 and I-131 with Form I-485

If you are filing Form I-485 and pay the required fee (or already filed Form I-485 and paid the required fee on or after July 30, 2007), you do not have to pay an additional fee to also file a Form I-765, Application for Employment Authorizationand/or Form I-131, Application for Travel Document for advance parole. You may file these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed a Form I-485.

REF:https://www.uscis.gov/i-485. See special instructions.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...