EAD and AOS

[marriedtomrg 141]

Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies.

[marriedtomrg 141]

Sorry guys, let me give you the correct information. Please ignore my post above. (Mods: I edited my post but when I hit Complete Edit, the screen didn't change it was still in Edit Mode. So when I hit it again, I got an error message saying I couldn't edit my post anymore.)

We received our K3 and K4 visas at noon today. We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter). Our visas are valid until October 2011.

When we arrive, I will apply for EAD initially. We are planning to file for AOS one month before our 2nd wedding anniversary (January 2011), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC. This way we can skip Lifting of Conditions.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in December 2010) and my EAD expires?

Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies.

Edited October 15, 2009 by marriedtomrg

[Dakine 26]

A HUGE negative to your well thought out plan is if something were to happen to the petitioner before you file for AOS you and your child will stand a GOOD chance of having to return home.

Probably better if you continued with the CR-1/CR-2.

EAD is good for one year and normally takes close to 90 days to get.

[marriedtomrg 141]

Thanks, but we have our K3/K4 visas already, leaving for the U.S. on October 23rd.

A HUGE negative to your well thought out plan is if something were to happen to the petitioner before you file for AOS you and your child will stand a GOOD chance of having to return home.

Probably better if you continued with the CR-1/CR-2.

EAD is good for one year and normally takes close to 90 days to get.

[Cloudy9 11]

Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I understand why you want to wait to file AOS so that you get the 10 year greencard instead of the conditional one but really, by the time you get here, file the AOS and have an interview its prob going to be after Jan 2010 anyways.

[JERIII 8]

Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I don't think this is true. K3 immigrants can file for EADs under category a(9), while AOS applicants do so under category c(9).

(K1 immigrants can also apply for EAD, but it is only valid until the I-94 expires, hence generally useless.)

[Dakine 26]

Heres the hole in your total plan. You cannot file for EAD before AOS is filed. AOS must be filed in order to receive EAD. Otherwise you are going to get a denial of your EAD based on no AOS being filed.

I understand why you want to wait to file AOS so that you get the 10 year greencard instead of the conditional one but really, by the time you get here, file the AOS and have an interview its prob going to be after Jan 2010 anyways.

You cannot file for EAD before AOS is filed.

WRONG! You have to pay $340 tho.

[Usui Takumi 1,562]

Sounds like a good plan. Your EAD is good for a year and can be renewed.

From a money stand point your going to pay more. The EAD fee and medical costs for two people will likely be higher then the removing conditions fee.

Personally though I'd advise doing the AOS right away to guarantee everyone's permanent residence.

Edited October 17, 2009 by Sousuke

[Cloudy9 11]

So I just want to understand this then. A K3 can get an EAD before they AOS? I wasn't sure and read the guide here and looked at their flow chart and it looks like they are saying file AOS and then get your EAD.

K3 flowchart

Where does it say they can get an EAD first? At the USCIS website?

[Usui Takumi 1,562]

Both K1 and K3 visas can get EAD ahead of AOS. The K1 visa is a single entry visa so any EAD tied to it dies when the I94 expires, the K3 is multi entry so the EAD isn't killed. Generally speaking it makes no sense to file for it ahead of AOS, its just a waste of money..unless your trying to do what the OP is doing and avoid removing conditions. Make sense?

Edited October 17, 2009 by Sousuke

[Cloudy9 11]

Both K1 and K3 visas can get EAD ahead of AOS. The K1 visa is a single entry visa so any EAD tied to it dies when the I94 expires, the K3 is multi entry so the EAD isn't killed. Generally speaking it makes no sense to file for it ahead of AOS, its just a waste of money..unless your trying to do what the OP is doing and avoid removing conditions. Make sense?

Thanks for the explanation. I've now learned something new. I thought everyone had to AOS first.

[juliden 0]

An EAD tied to a K1 visa is temporary and can only be received at POE New York and dies when the I94 expires which is usually after 90 days, but an EAD applied for and received after entry into the U.S. and independent of a K1 visa will last for 1 year and can be renewed. The application fee for an EAD is waived if the application accompanies the AOS application.

Edited October 18, 2009 by juliden

[rsn 135]

An EAD tied to a K1 visa is temporary and can only be received at POE New York and dies when the I94 expires which is usually after 90 days, but an EAD applied for and received after entry into the U.S. and independent of a K1 visa will last for 1 year and can be renewed. The application fee for an EAD is waived if the application accompanies the AOS application.

Wrong. You cannot receive an EAD at the POE in NY. That does not legally authorize you to work. You may only legally work with an EAD card received from DHS or a green card. See the pinned topic in the working & traveling prior to getting a green card forum.

[angel7407 33]

Hi everyone.

Forgive me if this question has been asked before, but I just wanted to know if what we are planning is ok:

We received our K3 and K4 visas at noon today. We will be flying home on October 23rd. Our medicals were completed on September 25 (me) and September 28 (our 10 year old daughter).

When we arrive, I will apply for EAD initially. We are planning to file for AOS just after our 1st wedding anniversary (January 2010), so that when we are approved, we will get the 10-year GC instead of filing for AOS earlier and just getting a conditional 2-year GC.

My questions are:

1. How long is the validity of my EAD, should it be approved? Is it 1 year (this is what I read on VJ Wiki) or 2 years (which is the validity of my K3 status)?

2. I understand that if we wait till our wedding anniversary to file, our daughter and I have to have another medical examination...is this correct?

3. If my EAD is only valid for only 1 year (let's say I file it immediately in November 2009, and when approved within 3 months it would be valid from February 2010 to February 2011), what are my chances of my EAD being renewed if my AOS will be in process at that time (remember, we are thinking of filing it in January 2010)?

Thanks in advance for your solid replies.

Hello, I think the validity of the EAD is until the expiration of the I-94(which will be given to you at the POE). I came here on a K-3 visa March 14, 2009 (my two-year period started from there, I-94 will expire on March 20011) and I sent my EAD application September 24, USCIS received it last September 28 and they sent me a notice of receipt after 2 days. Yesterday, Oct. 21, my EAD card was already in our mailbox. Soooooo quick, huh? Validity is ) October 6, 2009-March 13, 2011 (just a day before my I-94 expires. Overall, my EAD was in my hand for a total of 26 days of waiting since I sent it. Maybe they (VSC) process faster now.

[Kiki&me 0]

Just so its clear - from someone who has done this before - if you are on a K3 visa, you CAN file for EAD before filing for AOS. We received our EAD much before we filed for AOS. Don't know about K1 visa holders though since we didn't go through that. The EAD is valid until the expiration date on your K3 visa. To your second question - I am in the same position and trying to find out the answer to that but I believe you have to get a new medical done if one year has lapsed between the date of your AOS interview and the date your medical for K3 was done. Don't know the answer to your third question. Hope this helps.

Edited October 22, 2009 by Kiki&me