Am I understanding the EAD process correctly?

[jbiel590 0]

I know this topic has been discussed, but somehow I'm still not clear. This is my basic understanding of this process, so please correct me if I am wrong:

After my fiance arrives, she can apply for an EAD. This EAD may take a couple months, and we will likely be married a short time after we receive it (if not already), at which point that EAD is no longer valid. Then, a new EAD has to filed along with the AOS paperwork. Therefore, if she does get a job using the original EAD, she will have to quit that job and await the EAD that would accompany AOS.

Is this right? And if so, do the policymakers at USCIS and/or DS not see what a burden this places on someone trying to get on their feet in their new home country? I realize we can't just go handing out work permits to everyone, but why can't they set up a system where the original EAD will suffice after marriage/AOS?

[Aubrey 10]

I know this topic has been discussed, but somehow I'm still not clear. This is my basic understanding of this process, so please correct me if I am wrong:

After my fiance arrives, she can apply for an EAD. This EAD may take a couple months, and we will likely be married a short time after we receive it (if not already), at which point that EAD is no longer valid. Then, a new EAD has to filed along with the AOS paperwork. Therefore, if she does get a job using the original EAD, she will have to quit that job and await the EAD that would accompany AOS.

Is this right? And if so, do the policymakers at USCIS and/or DS not see what a burden this places on someone trying to get on their feet in their new home country? I realize we can't just go handing out work permits to everyone, but why can't they set up a system where the original EAD will suffice after marriage/AOS?

If your fiance is arriving on K-1, yes she can apply for EAD. But it can take up to 90 days to be issued the EAD, and it expires on the same day as your I-94 (90 days). That's why nobody here recommends filing for one (it costs money if you don't file for an EAD concurrently with an I-485/greencard app). I have no idea if USCIS or anyone in government knows or cares about this burden it places on the US citizen. But many of us share your pain. Plan on managing expenses (moving costs, filing AOS fees, etc) for 3 months after you file AOS, which for many is weeks after getting married due to waiting for paperwork (such as a marriage certificate).

Good luck!

[visacheck 3]

File for EAD together with the I-485 to avoid the filing fee.