Can I apply for EAD and not AOS yet?

[lovers0720 1]

I entered US as K1 since June 11, 2008 and I got married to my fiance last July 20. Now, we don't have enough money to file for AOS which is $1010, so if possible, can I apply for EAD even if I am not applying for AOS yet? So that I can have a job and help my hubby save for my AOS?

Pls help!

Edited August 6, 2008 by andyjona

[nunyab 0]

I am not sure if that is possible... maybe someone has more experience can answer that.

[doug and leann 0]

I got this from the I-765 instructions: K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9).

Edited August 6, 2008 by doug and leann

[payxibka 10,045]

I entered US as K1 since June 11, 2008 and I got married to my fiance last July 20. Now, we don't have enough money to file for AOS which is $1010, so if possible, can I apply for EAD even if I am not applying for AOS yet? So that I can have a job and help my hubby save for my AOS?

Pls help!

Sure, but it will cost $340 and will expire on the same day as your I-94. Based on your timeline that is about 35 days from now. Virtually no chance it will be approved before.

Edited August 6, 2008 by fwaguy

[RaTBoX 1]

I entered US as K1 since June 11, 2008 and I got married to my fiance last July 20. Now, we don't have enough money to file for AOS which is $1010, so if possible, can I apply for EAD even if I am not applying for AOS yet? So that I can have a job and help my hubby save for my AOS?

Pls help!

As a K1 holder who has not yet applied for an adjustment of status, you only qualify for an [a][6] category EAD. This costs $340 to apply for, and expires the same day as your K1 status (90 days from your entry into the US).

You're not able to apply for the 1 year EAD (category [c][9]) until you've sent in your AoS application. You either send I-765 in with I-485, or wait to receive the NOA1 and send a copy of that with I-765 if you delay the I-765 application.

[lovers0720 1]

Thanks for all the responses.

I realized that I can apply for EAD but it will expire on the date that my visa will expire too coz I called USCIS and that is what they said.

But your responses are greatly appreciated.