EAD & AOS - timing it right

[Kiki&me 0]

Hi, my wife's K3 just got approved (July). I would like to wait a year to file my wife's AOS so we can get approval well past the conditional period (we have been married over a year now). Is that possible/allowed or do we have to file within a certain period of time?

Also, can I file for her EAD without filing for AOS? What validity period will we get for the EAD? Her I-94 is valid for 2 years from today.

[Kathryn41 3,205]

If your wife is here on a K-3 you can apply for the EAD before the AOS. She can use the EAD to get her SSN, her driver's license, and other items such as that which require proof of immigrant status. There is no deadline to filing the AOS. Most file it quickly as it then provides legal status while in the US and starts collecting those necessary years towards citizenship. As the K-3 is valid for 2 years, can be used for multiple entries, and your wife's EAD provides proof of status there is no reason why you can't wait to file the AOS. It will certainly save you the Removal of Conditions fee. EAD are valid for 1 year and need to be renewed if you still need one when it expires (actually 90 days at least prior to expiry).

Edited August 6, 2008 by Kathryn41