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MedicineManRx

Does the green card replace both the EAD & AP

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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!

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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

2019-04-09: Called USCIS to expedite EAD

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

2019-04-16: Faxed USCIS supporting evidence for EAD expedite

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

2019-05-02: Re-faxed EAD expedite evidence to USCIS; received confirmation Congress sent materials on our behalf

2019-05-06: confirmation that EAD expedite evidence received by USCIS

2019-05-09: EAD card in production!

2019-05-16: Combo EAD/AP card received in mail

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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
Arrived in Moscow: 2018-12-28
Interview date: 2019-02-14
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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Posted (edited)
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

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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?

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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 !! 😁

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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! 

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Posted (edited)
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
Arrived in Moscow: 2018-12-28
Interview date: 2019-02-14
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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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). 

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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 ... 😬

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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 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

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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)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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