Getting married immediately for AOS

[Kez/JWolf 6]

Something else you need to remember that K1 90 day work permit approval you receive once you arrive in USA is only good for 90 days or until you get married, so once you marry it is of no use to her anymore and cannot be used.

THE ABOVE STATEMENT IS NOT TRUE..............................

A temp EAD that is given at some POE's is valid for 90 days from that date.... IT DOES NOT BECOME INVALID WHEN YOU MARRY.......it is still valid and can be used for working....

Kez

[Drew and Tik 0]

Thank you so much, that worried me a little. We should be fine then if we get married right away and apply for the EAD after she gets here. She really wants to work and I must say I don't mind since it will really help with the bills and such.

Drew

[Caladan 19]

Maybe he confused 'EAD' with 'AOS'

Barring some sort of problems, those are issued relatively quickly, no?

By 'relatively quickly' I mean < 120 days, heh.

I don't believe Drew confused EAD and AOS, since he used the phrase 'before her greencard comes'.

EAD is supposed to be to you in 90 days. Infopass is permitted after that point.

No, I did actually, sorry. Now I see that the 88 days was the average wait for the EAD, while AOS the average wait time is more like 5 - 6 months. Sorry for the confusion.

So what I meant to say was, if we get married almost immediately after she gets here, there should be very little gap between her getting her temporary EAD at JFK and her EAD that lasts longer (not sure how long, if anyone knows it would be helpful). Do you think this is true?

Under law, they have 90 days from the time you file to approve your EAD. (This time can be extended if they send you an RFE since legally, that gives them another 90 days.) Historically it's been right around 90 days.

Her K-1 work permit expires with the I-94 (90 days after entry), not with the marriage.

I think doing the civil ceremony first makes sense, and I wish we'd done the same.

[Jesse and Hema 2]

Maybe he confused 'EAD' with 'AOS'

Barring some sort of problems, those are issued relatively quickly, no?

By 'relatively quickly' I mean < 120 days, heh.

I don't believe Drew confused EAD and AOS, since he used the phrase 'before her greencard comes'.

EAD is supposed to be to you in 90 days. Infopass is permitted after that point.

No, I did actually, sorry. Now I see that the 88 days was the average wait for the EAD, while AOS the average wait time is more like 5 - 6 months. Sorry for the confusion.

So what I meant to say was, if we get married almost immediately after she gets here, there should be very little gap between her getting her temporary EAD at JFK and her EAD that lasts longer (not sure how long, if anyone knows it would be helpful). Do you think this is true?

Under law, they have 90 days from the time you file to approve your EAD. (This time can be extended if they send you an RFE since legally, that gives them another 90 days.) Historically it's been right around 90 days.

Her K-1 work permit expires with the I-94 (90 days after entry), not with the marriage.

I think doing the civil ceremony first makes sense, and I wish we'd done the same.

I've seen these points brought up in other threads and I'm curious about two things:

Is getting a work permit upon entry with the K-1 generally easy?

If the work permit expires before the EAD is approved (seems like a common scenario), and she already has a job by the time the permit expires, does that mean she has to quit her job? (apologies if this is a stupid question)

[Caladan 19]

Maybe he confused 'EAD' with 'AOS'

Barring some sort of problems, those are issued relatively quickly, no?

By 'relatively quickly' I mean < 120 days, heh.

I don't believe Drew confused EAD and AOS, since he used the phrase 'before her greencard comes'.

EAD is supposed to be to you in 90 days. Infopass is permitted after that point.

No, I did actually, sorry. Now I see that the 88 days was the average wait for the EAD, while AOS the average wait time is more like 5 - 6 months. Sorry for the confusion.

So what I meant to say was, if we get married almost immediately after she gets here, there should be very little gap between her getting her temporary EAD at JFK and her EAD that lasts longer (not sure how long, if anyone knows it would be helpful). Do you think this is true?

Under law, they have 90 days from the time you file to approve your EAD. (This time can be extended if they send you an RFE since legally, that gives them another 90 days.) Historically it's been right around 90 days.

Her K-1 work permit expires with the I-94 (90 days after entry), not with the marriage.

I think doing the civil ceremony first makes sense, and I wish we'd done the same.

I've seen these points brought up in other threads and I'm curious about two things:

Is getting a work permit upon entry with the K-1 generally easy?

If the work permit expires before the EAD is approved (seems like a common scenario), and she already has a job by the time the permit expires, does that mean she has to quit her job? (apologies if this is a stupid question)

1. It depends on the POE. JFK is the only POE reliably giving out the stamp that shows the K-1 is work authorized, but we managed to get ours at Boston's Logan Airport.

2. Legally speaking, yes. C. remained employed, but as a subcontractor, they just didn't schedule him for those two months. In other words, they were flexible and gave him time off until he had his EAD. (Most everyone, including a couple of lawyers, thought he should just work straight through because it's technically the employer's responsibility to check.)