Question about expediting EAD (Split)

[Viking 142]

7 hours ago, Boiler said:

There is nothing that would prevent her seeking an expedite and because of the time lines the recommendation is always to expedite, no downside.

I also look to expedite EAD & AP due to my job - what is the time line i understand it Will be valid only 90 days until AOS As a K1 visa holder.

Can I possibly request expedite for Reneval too ? Or even Expedite on the AOS ?

Edited January 6, 2020 by Viking
Adding visa type

[geowrian 22,336]

You can try. No harm.

 

1 hour ago, Viking said:

I also look to expedite EAD & AP due to my job - what is the time line i understand it Will be valid only 90 days until AOS As a K1 visa holder.

Can I possibly request expedite for Reneval too ? Or even Expedite on the AOS ?

Not sure why AP would be expedited due to a job, unless it was to work overseas (and then it raises a couple questions, including why an EAD needs to be expedited). They may or may not issue a combo card with an expedite, but only expect to get the benefit that you are requesting to expedite.

 

If you file for an EAD under K-1 status (a6 category), then it will expire at the end of your legal status - 90 days from POE. You must also pay the application fee. Timeline (if expedite approved) may or may not end up being before the 90 days expires. Even if you got the EAD, when the 90 days form POE is up, you would not be authorized to work until your AOS-based EAD was approved.

AP does not apply based on K-1 status (it does apply based on AOS, though).

No "renewal" here (unless the AOS-based one is about to expire). It would be a new application for a new EAD under the c9 category when you file for AOS. This would need a separate expedite.

tldr: Wait until you marry and file for AOS.

 

Expedite of AOS itself is very uncommon. What's the reason specifically a green card is needed?

[Viking 142]

Got the opportunity to bring my job along with me to the US - working in the aviation industry- a lot of traveling is required - hence the reason for expedite

[Boiler 43,586]

Best to go cr1.

[geowrian 22,336]

1 minute ago, Viking said:

Got the opportunity to bring my job along with me to the US - working in the aviation industry- a lot of traveling is required - hence the reason for expedite

No harm in requesting it.

CR-1 seems to have been a better fit if continued working + traveling was desired.

Seems unlikely for expediting the green card directly...the individual benefits (AP and/or EAD) make more sense.

[Viking 142]

5 minutes ago, Boiler said:

Best to go cr1.

Got K1 interview next week-

 

when decision was made I didn’t know about my job opportunity.. 

 

 

[Boiler 43,586]

Well all you can do is seek an expedite like everybody else.

[Viking 142]

35 minutes ago, Boiler said:

Well all you can do is seek an expedite like everybody else.

thank you Boiler, 

 

I guess this is the approach

 

 -apply for EAD & AP upon entry

 - request Expedite

 

 - AOS

 

apply for extension of 90 day EAD  before 90 days expiry after AOS

 - request Expedite

 

i will be in California - will you rccomend a walk in ?

 

 

[Boiler 43,586]

You can not apply for Ap on entry, no basis.

[Crazy Cat 39,373]

12 hours ago, shaolincrane said:

I run a small family business and would like to replace my current secretary that I am not pleased with, with my fiance when she finally moves here. Is it possible to use a formal offer through my business to expedite getting her EAD? I've been having a hell of a time finding a replacement and I would much prefer to work with my wife.

 

Thanks.

This is a little late since the K-1 interview is soon, but:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US     
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
   *** Spouse can not work until she/he receives EAD (approx 5-6 months) ***   
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
   *** Spouse is authorized to work immediately upon arrival. ***   
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited January 6, 2020 by missileman

[Viking 142]

I see only after AOS application have been submitted.

https://help.cbp.gov/s/article/Article-991?language=en_US

 

what is your thoughts of applying for expedite at walk in ?

[Boiler 43,586]

Unusual for there to be walk ins, generally they have been stopped.

[geowrian 22,336]

25 minutes ago, Viking said:

I guess this is the approach

 

 -apply for EAD & AP upon entry

 - request Expedite

 

 - AOS

 

apply for extension of 90 day EAD  before 90 days expiry after AOS

 - request Expedite

No AP before AOS is filed. You cannot get AP based upon K-1 status, as previously stated.

 

Note that you would be paying the full I-765 fee to apply. This is not refunded if they reject the expedite or do not process it before the original 90 days are up.

I'm unsure if they will want biometrics or not. If so, an expedite cannot be approved before biometrics are obtained.

 

As already noted, there's no such thing as an extension of an EAD under (a)(6) - K-1 status. You would be filing for a new EAD under (c)(9) - pending AOS application.

Biometrics will be required. Again, the I-765 cannot be approved before biometrics are complete.

[Boiler 43,586]

Well a K1 EAD never needed biometrics.

[geowrian 22,336]

28 minutes ago, Boiler said:

Well a K1 EAD never needed biometrics.

Thanks, i wasn't sure how that worked. "Modern" EADs have biometric data on them, and we don't see many (any?) who actually get an EAD under K-1 status, so I wasn't certain how that worked. Obviously not an issue if they were stamped at POE, but when filing an I-765 I wasn't sure how that worked.