CLARIFICATION

[whisper2me 0]

Hi there,

Could someone please clarify something for me:

Can you arrive into the United States on a K3 visa and immediately apply for an Employment Authorization Document without having to submit proof of applying for Adjustment of Status? The USCIS website states that if you apply for the EAD separately, than you have to show proof of submission of the Adjustment of Status application (Since July 07) HOWEVER..... I am not sure if this is for the purpose of not having to pay a separate fee for the EAD when and AOS is in motion or whether there is a new policy that K3 applicants can ONLY apply for an EAD, whilst an AOS is pending.

How do you interpret this?

[YuAndDan 153]

YES K-3 can apply for EAD before adjusting status, you use code (a )(9 ) "Life act K-3/4" you pay $340 for this EAD, and it expires same time as the I-94 card, (2 years some entry).

Some K-3's do this because 2nd wedding anniversary happens withing the 1 year period after the visa medical, so they time the AOS filing to be close to 2nd wedding anniversary. AOS approval after 2nd wedding anniversary will result in a 10 year un-conditional green-card. Saving them the hassle of removing conditions, and in the process some fees.

[whisper2me 0]

YES K-3 can apply for EAD before adjusting status, you use code (a )(9 ) "Life act K-3/4" you pay $340 for this EAD, and it expires same time as the I-94 card, (2 years some entry).

Some K-3's do this because 2nd wedding anniversary happens withing the 1 year period after the visa medical, so they time the AOS filing to be close to 2nd wedding anniversary. AOS approval after 2nd wedding anniversary will result in a 10 year un-conditional green-card. Saving them the hassle of removing conditions, and in the process some fees.

Thankyou YuandDan, that is exactly why I asked. I'm hoping to time it with the 2nd Anniversary.