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Kevin & Cora

AOS/EAD Questions

By Kevin & Cora in Working & Traveling During US Immigration

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Kevin & Cora Rookie

Kevin & Cora   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Question #1

Does anyone know if it's possible for the EAD to get approved before the AOS? I just got married last week and will be sending my AOS and EAD forms to Chicago next week. I am anxious to get back into the workforce and know that the EAD approval can take up to 90 days.

Question #2

Today I applied for my SSN and was told I should receive it in two weeks. The lady actually told me as soon as I received it, I could start working because "in the system" it shows that I am work authorized. On the application form, I checked "legal alien NOT authorized to work" and she also changed it to say "legal alien allowed to work". My passport was not stamped with EAD approval when I entered at the POE either. Is it possible that she is mistaken? I believe I still need USCIS approval right? I rather be safe than sorry.

Thanks

Cora

AOS TIMELINE

Jun.07.2006- We Got Married

Jul.07.2006 - Sent I-485 [AOS] and I-765 [EAD] to Chicago

Jul.17.2006 - NOA1 Received for AOS & EAD <Letter dated July 13, 2006>

Jul.25.2006 - Biometrics appointment letter received

Aug.02.2006 - Biometrics appointment date for AOS & EAD <in Philadelphia>

Aug.19.2006 - "Touched" <90 days since arriving in the US>

Sep.18.2006 - I-765 EAD "Touched"

Sep.19.2006 - I-485 Transferred to CSC

Sep.20.2006 - I-765 EAD APPROVED!!

Sep.21.2006 - I-485 Case received by CSC

Sep.26.2006 - I-765 Received EAD Card

Sep.29.2006 - I-485 Received email stating Welcome Notice was sent Sep.28

Oct.03.2006 - I-485 Received email stating that my case has been approved :)

Oct.06.2007 - I-485 Received green card

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HolyMoly2 Contributor

HolyMoly2   0

Posted
Filed: AOS (pnd) Timeline
Posted (edited)
Question #1

Does anyone know if it's possible for the EAD to get approved before the AOS? I just got married last week and will be sending my AOS and EAD forms to Chicago next week. I am anxious to get back into the workforce and know that the EAD approval can take up to 90 days.

Yes it is possible (and common) for the EAD to be approved before the AOS. Once you have been approved for the adjustment of status, your EAD (if you get it before the AOS approval) will be void since a successful AOS adjustment to LPR inherently grants you work authorization.

Edited by HolyMoly2

25 March 2006 - Mailed AOS package to Chicago! (I-485, EAD, AP)

28 March 2006 - AOS package recieved (day 1)

4 April 2006 - I-130, I-765 (EAD) NOA date by USCIS. NO AP, yet. (day 7)

6 April 2006 - Checks cashed (NOT AP)

7 April 2006 - I-130, I-765 NOA's recieved in mail! (day 10)

10 April 2006 - I-131 (AP) RETURNED. Should have mailed it to Nebraska Service Center <confused> (originally sent it to Chicago Lockbox with AOS..) (day 13)

11 April 2006 - I-131 mailed to Nebraska as requested (day 14)

14 April 2006 - Bio appt letter in mail (day 17)

17 April 2006 - I-131 (AP) NOA1 received(day 20)

2 May 2006 - Biometrics completed I-485 and I-765 (day 35)

9 May 2006 - I-131 (AP) RFE email recieved, RFE request by USCIS. (day 42)

13 May 2006 - RFE Recieved, missed a bunch of stuff? (day 46)

15 May 2006 - Mailed requested info back (Nebraska) (day 48)

22 May 2006 - I-485 Interview Notice Arrived! (July 13th)! (day 55)

22 June 2006 - AP Approved (day 86)

29 June 2006 - Interim EAD success in Denver DO.

13 June 2006 - Interview. "not concrete approved", received two emails later same day approving I-485 and I-130. "welcome notice was mailed" and "approval notice was mailed"

17 July - I-485 Welcome notice received and I-130 approval received

18 July - I-485 "after approving your application, we ordered you a new card" email received.

24 July - GREEN CARD RECEIVED! All info correct. Apply to lift conditions 7/13/08

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frndly1 Community Regular

frndly1   1

Posted
Filed: K-1 Visa Country: Morocco
 Timeline
Posted

Question 2,

I would not suggest you go out and work. What do you have from the Govt, ie USIC that says you can work?

Look on both sides of your I-94 to make sure they didnt not stamp your card for authorization for temp work. Some people miss it.

just my 2 cents

Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Cora,

If it wasn't possible for EAD to be approved before AOS there would be no need for EAD and no one would apply for it.

The SSA person is correct that you are EA, but she is incorrect that you can work without an EAD. SSA policy is to issue a SS card to a K1 even though the K1 does not have an EAD, but in order for an employer to hire a K1 the law says that the employer needs to see an EAD.

Yodrak

Question #1

Does anyone know if it's possible for the EAD to get approved before the AOS? I just got married last week and will be sending my AOS and EAD forms to Chicago next week. I am anxious to get back into the workforce and know that the EAD approval can take up to 90 days.

Question #2

Today I applied for my SSN and was told I should receive it in two weeks. The lady actually told me as soon as I received it, I could start working because "in the system" it shows that I am work authorized. On the application form, I checked "legal alien NOT authorized to work" and she also changed it to say "legal alien allowed to work". My passport was not stamped with EAD approval when I entered at the POE either. Is it possible that she is mistaken? I believe I still need USCIS approval right? I rather be safe than sorry.

Thanks

Cora

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KarenCee Veteran

KarenCee   3

Posted
Filed: Country: Canada
 Timeline
Posted

Just out of curiosity...and because the SSA did this with Joel's application...why do they go back and check "legal alien allowed to work" when you're not?

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
Just out of curiosity...and because the SSA did this with Joel's application...why do they go back and check "legal alien allowed to work" when you're not?

K-1s are employment authorized for their first 90 days in the US. This allows them to get a SS#.

Sadly, most K-1s have no *evidence* of that authorization (and no way to get it), so they usually can't get hired for a job.

K-1s should tick 'authorized to work' on their SS-5 and apply in their first 76 days in the US.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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