Adjustment of Status/ Removing Conditions

[LadyLove2006 0]

Hi All:

I have some questions concerning Adjustment of Status and Removing Conditions-

My husband is in the US on a K-3 Visa and wants to apply for his EAD. I know that the fees have increased drasticallly for AOS. Can he apply for the EAD prior to adjusting status and pay the $340 for EAD? or will he have to do it all at once and pay the $1,010.00? or can we wait after our 2 year Anniversary and Remove Conditions?

I am so confused right now and I need clarity on this matter.

Please help.

Thanks

LadyLove2006

[stinger157 0]

Hi All:

I have some questions concerning Adjustment of Status and Removing Conditions-

My husband is in the US on a K-3 Visa and wants to apply for his EAD. I know that the fees have increased drasticallly for AOS. Can he apply for the EAD prior to adjusting status and pay the $340 for EAD? or will he have to do it all at once and pay the $1,010.00? or can we wait after our 2 year Anniversary and Remove Conditions?

I am so confused right now and I need clarity on this matter.

Please help.

Thanks

LadyLove2006

In my understanding he can only apply for an EAD if you guys file at the same time for AOS.

First of all, as I read on the USCIS page, AOS, EAD and AP are filed now together and how would he explain the need for an EAD if he doesn't start the process for Adjustment of Status?

The EAD is a temporary work authorization while the green card is getting processed. Without application for AoS no EAD.

[YuAndDan 153]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

[Kez/JWolf 6]

As YuAndDan has said..... yes you can file for EAD now... But you will still need to file for AOS... but if you wait to file until after your 2nd wedding anniversary then you will not have to file for removal of conditions... but you will need to get a new medical done... the one you had done is only valid for 12 months... you may want to find out how much a local civil surgeon will charge for the full medical and then compair the total cost for doing it the diffrent ways.... ie.. EAD first then AOS and medical... or AOS, EAD and removal of conditions 2 years later...

there might not be much diffrence other than the cost is spead over a longer period...

Kez

[LadyLove2006 0]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

Hi YuAndDan:

Where can I find this information you just gave me. I got a different answer earlier and I don't want him to apply for an EAD and he is not suppose to do so. I hope you understand.

Thanks,

LadyLove2006

[kim&james 0]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

Hi YuAndDan:

Where can I find this information you just gave me. I got a different answer earlier and I don't want him to apply for an EAD and he is not suppose to do so. I hope you understand.

Thanks,

LadyLove2006

Have a read of the instructions on the USCIS website, specifically, page 4, 6. Non Immigrant family based category. K3/4 file (A) (9)

http://www.uscis.gov/files/form/I-765instr.pdf

[payxibka 10,044]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

Hi YuAndDan:

Where can I find this information you just gave me. I got a different answer earlier and I don't want him to apply for an EAD and he is not suppose to do so. I hope you understand.

Thanks,

LadyLove2006

What information did you receive earlier because the instructions to the I-765 are quite clear as to eligibility of a K3 to apply for EAD.

[YuAndDan 153]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

Hi YuAndDan:

Where can I find this information you just gave me. I got a different answer earlier and I don't want him to apply for an EAD and he is not suppose to do so. I hope you understand.

Thanks,

LadyLove2006

K-3 is a 2 year multi entry visa, and gets a 2 year I-94, so can file for AOS anytime during the period of the I-94, in virtualy all cases the I-94 expires after 2nd wedding anniversary.

Also read the EAD guide here on VJ, it explains when EAD can be filed for. http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[LadyLove2006 0]

Yes you can, K-3 will get an EAD the expires same time as the I-94, and then wait until just before 2nd wedding anniversary and then file to adjust status for $1010, this will effectively avoid the conditional green card and lifting of conditions.

K-3 EAD is less than conditions lifting.

Hi YuAndDan:

Where can I find this information you just gave me. I got a different answer earlier and I don't want him to apply for an EAD and he is not suppose to do so. I hope you understand.

Thanks,

LadyLove2006

K-3 is a 2 year multi entry visa, and gets a 2 year I-94, so can file for AOS anytime during the period of the I-94, in virtualy all cases the I-94 expires after 2nd wedding anniversary.

Also read the EAD guide here on VJ, it explains when EAD can be filed for. http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Hi:

Thanks for the information.

Be Blessed!

LadyLove2006