ead and aos

[rcrge 0]

can we file for ead ,i- 765 before filing for aos and if so do we pay the fee for the i-765 and deduct it from the i-485 fee?

[Kathryn41 3,205]

No. If you arrived on a K-1 and file for an EAD prior to filing for AOS, the EAD would be granted based on the K-1 admission to the US and the I-94 issued at the border. The EAD can only be valid for up to one year - OR as long as the immigration document upon which it is based is valid, which ever is less. If it is based on the admissions I-94, then the EAD can only be valid for the same 90 day period as the I-94. Once the I-94 expires - so does the EAD. In many cases it takes at least 90 days to process the EAD - so in effect you would be paying several hundred dollars for a document that had expired even before you receive it. On top of that, you would not be allowed to deduct the amount of that EAD from the one that is filed with the AOS because they are based on two different eligibility classes. So, there isn't a short-cut to getting an EAD when you arrive on a K-1.

The fastest way to get your EAD is to get married, apply right away for AOS and include the EAD application with it. The AOS application costs the same whether you do or don't choose to file for an EAD and an AP at the same time.

I hope this helps. Good luck.

Edited June 29, 2008 by Kathryn41

[Abby-Ron 8]

Yes, Kathyrn is correct. If you file for EAD before AOS, you essentially have to pay separately for EAD (which is around $340) and would expire on your I-94 expiration date which is 3 months after your initial date of arrival in the US. Just get married, then file AOS ASAP and you can file your EAD and AP for free as it is included in the AOS fee.

[Nineta 0]

Sorry guys, I'm a little confused here... Is that right? When you apply for AOS and pay the $1000 fee is the work authorization and the AP included in that same fee?

Thanks much!

-N

[Matt and Sarah 0]

Yes, the fee of $1010 for your I-485 AOS is inclusive of your EAD and AP IF you send it all in together. If you don't there is a separate fee for AP and EAD, it's best to send it in all at once as soon as you can after you are married (assuming you are a K-1)

Sorry guys, I'm a little confused here... Is that right? When you apply for AOS and pay the $1000 fee is the work authorization and the AP included in that same fee?

Thanks much!

-N

[sweetpiano 0]

Yes, the fee of $1010 for your I-485 AOS is inclusive of your EAD and AP IF you send it all in together. If you don't there is a separate fee for AP and EAD, it's best to send it in all at once as soon as you can after you are married (assuming you are a K-1)

Well, it's not exactly this way. If you send it all together, then yes, EAD and AP is covered by the AOS fee of $1,010. But you could also send only AOS first, and file for EAD and AP later, then the EAD and AP are free if you include a copy of the AOS NOA with those applications to show that you filed for AOS. Attaching a copy of the NOA shows eligibility for these interim benefits based on pending AOS. But might as well send everything together.

[Nineta 0]

Thank you all! This helps a lot!