Can you apply for AOS and AP but not EAD?

[Jaylen Brit 0]

I probably won't need the EAD, but obviously I need to adjust status and I will also need AP (elderly parent already had a heart attack and has liver function issues and AP for my K2 child who will need leave to visit her father) and SSN#

I am pretty sure I didn't tick 'need EAD' or whatever the question is about it on the DS230 prior to K1 interview as well.

Any input?

Cheers

[ceriserose 1]

No, you don't *have* to apply for EAD. (You know of course, that you aren't allowed to work without it. I'm sure in your time here you've caught that. )

As for you applying for AOS, how did I completely miss you getting to the US????? I'm so out of the loop!!!

edit: Okay I just looked at your timeline. You're doing prep work. Got it.

Congrats on your visa though...I did miss that!

Edited July 15, 2006 by ceriserose

[john_and_marlene 162]

I probably won't need the EAD, but obviously I need to adjust status and I will also need AP (elderly parent already had a heart attack and has liver function issues and AP for my K2 child who will need leave to visit her father) and SSN#

I am pretty sure I didn't tick 'need EAD' or whatever the question is about it on the DS230 prior to K1 interview as well.

Any input?

Cheers

The only thing you need to apply for is the AOS

other benefits are optional and separate

AOS only

AOS + AP

AOS + EAD

AOS + EAD + AP

it's your choice

[Jaylen Brit 0]

wow DAYUM fast on the replies guys cheers!!

And thanks cerise, lol yeah I'm being a little pro-active here; I don't have any intentions to work hence my not requiring the EAD but Im glad its not a 'requirement' to apply for - I thought that was the case after reading but as I wasn't sure - I came to the 'fount of all knowledge' here at VJ

[Peter Miami 0]

I probably won't need the EAD, but obviously I need to adjust status and I will also need AP (elderly parent already had a heart attack and has liver function issues and AP for my K2 child who will need leave to visit her father) and SSN#

I am pretty sure I didn't tick 'need EAD' or whatever the question is about it on the DS230 prior to K1 interview as well.

Any input?

Cheers

The only thing you need to apply for is the AOS

other benefits are optional and separate

AOS only

AOS + AP

AOS + EAD

AOS + EAD + AP

it's your choice

Absolutely correct!

Peter Miami

[Reba 2]

you may have difficulty getting an SSN tho without it. The K1 expires so quickly (ingovernmental terms ) that unless you go to the SSA office the day after you arrive, you may not be able to get it. And then you'll have to go back after you're married to change your name, and I know of at least one other NC former VJer who had a heckuva time getting that done!

AOS at the Charlotte DO tho takes only between 9 and 13 months, so if you don't *have* to work, (must be nice) then no, you don't *have* to apply for EAD. You may have some hassles without SSN tho if you don't already have bank accounts etc...unless your hubby has accounts at the NCSECU, they don't seem to mind if you don't have SSN, they added me no problem to James' accounts the day after we were married and I still lived in Canada.

[john_and_marlene 162]

you may have difficulty getting an SSN tho without it. The K1 expires so quickly (ingovernmental terms ) that unless you go to the SSA office the day after you arrive, you may not be able to get it. And then you'll have to go back after you're married to change your name, and I know of at least one other NC former VJer who had a heckuva time getting that done!

AOS at the Charlotte DO tho takes only between 9 and 13 months, so if you don't *have* to work, (must be nice) then no, you don't *have* to apply for EAD. You may have some hassles without SSN tho if you don't already have bank accounts etc...unless your hubby has accounts at the NCSECU, they don't seem to mind if you don't have SSN, they added me no problem to James' accounts the day after we were married and I still lived in Canada.

Why is getting an SSN so important before AOS if you aren't going to work? At any rate, it's not that difficult to get the SSN as a K1 and you have until your 76th day to apply for it.

[desert_fox 32]

Since your I94 expires in 90 days after arrival, I would recommend that you apply for it to extend your legal stay here until your AOS interview. Without the EAD you will not be able to change your name on your SSN card, nor will you be able to get a state ID or drivers license, as the states are required to verify that you are legally present in the US in order to receive a drivers license. The EAD verifies that you have legal presence for another year.

[john_and_marlene 162]

Since your I94 expires in 90 days after arrival, I would recommend that you apply for it to extend your legal stay here until your AOS interview. Without the EAD you will not be able to change your name on your SSN card, nor will you be able to get a state ID or drivers license, as the states are required to verify that you are legally present in the US in order to receive a drivers license. The EAD verifies that you have legal presence for another year.

I guess if you want to spend $180 + normal fee to get a driver's license that is good for 1 year then you should get one.

[*Robert* 2]

Jay, it's just like Burger King... you get it Your Way!!!

[Jaylen Brit 0]

lol well my intention is to apply for SSN around 10 days after I enter (as per mdyoung's info) then change it after we marry - which will probably be within about 21 days - or less - after i arrive - that will still give me some time on my I-94.

I wasn't going to go for EAD cos I won't be working and its seems a bit daft for me to get something I don't need or want..

I also can't drive - I need to learn so I can't get a driver license until that happens anyways.

I must say tho some of these replies have made me a bit nervous - if I don't get an EAD I won't be 'legal' until after AOS???

Edited July 16, 2006 by Jaylen Brit

[john_and_marlene 162]

I must say tho some of these replies have made me a bit nervous - if I don't get an EAD I won't be 'legal' until after AOS???

Not true. You will be perfectly legal. You won't even accrue any overstay days as long as you apply for AOS before the I-94 runs out. EAD has nothing to do with legal status, but it is a document that shows you are pending AOS and has a validity period that can be used to qualify for a driver's license. You have the same immigration status without EAD that you have with it--AOS pending.

[Jaylen Brit 0]

phew ok then - thanks J&M

I hope it doesn't impact on my getting SSN# name change done - according to some stuff mdyoung put, if I read it right, I can just take my passport and marriage cert along for that as they are required to use those docs (the mcert) as proof of name change if it shows DOB.

I'm applying for SSN in my maiden name asap cos it will match my POE entry info that should hopefully be on SAVE by then

Fingers x'd

Edited July 16, 2006 by Jaylen Brit

[popocat 0]

Hello.

I think if you have a driver license or state ID, which your married name is on, you do not need it.

Actually, I realized after I applied AOS, I cannot change my last name on the state ID and SSN and I cannot get driver's license before get EAD or Greencard. I did not have any problem so far my maiden name on it, though.

You need EAD to change you last name on your state ID or Green card is totally up to the state and it sometimes just up to the officer at the place such as DMV or SS office...

If the AOS process is very smooth and no problem, I do not think you need it, unless you want to have a job.

But I realized that some people took a long time to get GC...Such as FBI name check, wrong imformation on the GC, some mail problems, slip between the INS officer's desk, and etc...

I can not say that I won't be the one...

Although you can apply EAD later on e- file if you change your mind so that you do not have a serious decision now

I hope it helps a little.

Good luck!!

Edited July 16, 2006 by popocat

[PP2 0]

lol well my intention is to apply for SSN around 10 days after I enter (as per mdyoung's info) then change it after we marry - which will probably be within about 21 days - or less - after i arrive - that will still give me some time on my I-94.

I wasn't going to go for EAD cos I won't be working and its seems a bit daft for me to get something I don't need or want..

I also can't drive - I need to learn so I can't get a driver license until that happens anyways.

I must say tho some of these replies have made me a bit nervous - if I don't get an EAD I won't be 'legal' until after AOS???

It takes some time for your immigration status to be entered into the SAVE system which the SSA uses to verify your status. So, it is recommended that you wait about 2 weeks before applying for an SSN. I would suggest applying for a SSN after marriage if you intend to do the civil ceremony immediately upon entry via the K-1. By the time you apply for a marriage license, get married, and get certified copies of your marriage certificate, your information should be in SAVE. You can then take your certified marriage certificate to the SSA and apply using your maiden name but request that the card be issued using your married name, using the marriage certificate as evidence of name change. You can then use the SS card, passport and certified marriage certificate to apply for a state ID or driver's license in your married name. All this is far less work than applying for the SSN and state ID with the maiden name, then requesting a legal name change later.

Good luck.