EAD & AOS once arrival on K1

[blueheeler18 0]

Some people are saying its pointless applying for the EAD as soon as you arrive because it can take up to 3 months for this to be approved. People apply for this when they file AOS, is this correct?

So if you arrive and don't plan to get married for say 2 months once your in the US, that's 2 months living off savings and fiances finances, then how ever long it take from the time you lodge your AOS till you receive your Green Card, correct?

I'm so confused about this part of the process.

If you do apply for this and for argument sakes it is approved after 1 month, your legally allowed to work, how long is it valid till, or till what point does it remain valid? Does it cancel out when you AOS or when the Green Card arrives?

Once you get married within the 90 days, how long do you have till you have to AOS?

[KayDeeCee 4,891]

That is part of the K-1 process. You are unable to work for a few months after moving to the US. If you needed to work right away, a CR-1 is the better option because it allows you to have permanent resident status as soon as you enter the US and you will be able to work right away.

Filing for the EAD before AOS is a pointless waste of money. It won't be received in just a month. It takes 2-3 months to receive and will expire when your I-94 does. The I-94 is only good for 90 days, so you will be paying $380 for an EAD that you won't be able to use. I cannot imagine an employer would be jumping at the chance to hire someone that would only be able to work a couple weeks before their employment authorization runs out and they have to stop working.

When you file for the EAD and AP along with AOS, the fees for those forms are waived. The EAD will not only be free in that case, but will not expire for a year. That is usually enough time for the green card to be approved at which time the EAD is no longer needed or valid.

[VanessaTony 3,567]

Just to expand on what Jay-Kay said.

When you file for the EAD before filing for AOS you pay the fee for it, $380. I have never seen it take only a month because not only do you need to file and wait for the NOA1, you also need to attend biometrics and then wait for the card to be approved and then printed. No matter how long it takes to arrive, it is ONLY valid until the I-94 expires. So you would need to quit whatever job you have when your EAD expires and ask Jay-Kay said, people are unlikely to hire someone who is only able to work for a limited period.

When you file for EAD (and AP) together with AOS the fees for them are waived. They arrive in 60-90 days and are valid for a year (or until the GC is approved).

Yes, while you wait to get married and wait to file and wait to get the EAD (and wait to find a job), you will rely on your fiance/e (then spouse) to support you... one of the reasons they ask about your finances.

A lot of people end up getting married in a court house ASAP so that they can file AOS asap. then they have a pretty wedding celebration later.

There is no deadline to file AOS however once the I-94 expires you are accumulating out of status days and theoretically can be detained by ICE and locked up in immigration jail until you see an immigration judge who orders you to either file AOS or leave the country.

Edited January 9, 2013 by Vanessa&Tony

[blueheeler18 0]

Just to expand on what Jay-Kay said.

When you file for the EAD before filing for AOS you pay the fee for it, $380. I have never seen it take only a month because not only do you need to file and wait for the NOA1, you also need to attend biometrics and then wait for the card to be approved and then printed. No matter how long it takes to arrive, it is ONLY valid until the I-94 expires. So you would need to quit whatever job you have when your EAD expires and ask Jay-Kay said, people are unlikely to hire someone who is only able to work for a limited period.

When you file for EAD (and AP) together with AOS the fees for them are waived. They arrive in 60-90 days and are valid for a year (or until the GC is approved).

Yes, while you wait to get married and wait to file and wait to get the EAD (and wait to find a job), you will rely on your fiance/e (then spouse) to support you... one of the reasons they ask about your finances.

A lot of people end up getting married in a court house ASAP so that they can file AOS asap. then they have a pretty wedding celebration later.

There is no deadline to file AOS however once the I-94 expires you are accumulating out of status days and theoretically can be detained by ICE and locked up in immigration jail until you see an immigration judge who orders you to either file AOS or leave the country.

Based on what you just said, you must apply for AOS within the 90 days (I-94) expiry? So I could get married on the 80th day of being there, but must AOS before the 90 right?

Thanks both for clarifying the question about the EAD, much appreciated.

[VanessaTony 3,567]

Based on what you just said, you must apply for AOS within the 90 days (I-94) expiry? So I could get married on the 80th day of being there, but must AOS before the 90 right?

Thanks both for clarifying the question about the EAD, much appreciated.

No there is no requirement to file AOS within the 90 days, it's just safer. Myself I filed in April 2010 but my I-94 expired in December 2009. I was planning on moving and at the time I filed (and even now) moving during the process was risky so we waited till we moved to Iowa (from Texas) to file AOS (as well as some other financial reasons).

It doesn't affect your ability to AOS, it's unlikely you'll run into ICE (unless you live or travel within 100 miles of the border) but it's just something you should know. You wouldn't be deported because your marriage to a USC gives you the ability to AOS and they give you the chance first, it would just be really stressful to go through.

Do what works for you.