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Filed: K-1 Visa Country: Israel
Timeline

Hi

me and my fiance (soon to be wife:)) arrived in the US about a week ago with no hassle after a long long k-1 wait....

but we are here finally. we will get married early june, and so we will only file the AOS after that.

we asked about the EAD at the local POE but they said "Huh?? we dont do that thing here."

in the meanwhile, my fiance has a few job offers in her field, and it would be a miss not to act on them, but of course she cannot work with out an EAD.

her social security card is on the way.

so here is my question: is it worth while filing for EAD ASAP so that she might be able to get the EAD in time to get hired? is there another way to get an EAD?

any and all help is welcome!

thanx

Omer

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Filed: Citizen (apr) Country: Australia
Timeline

Hi

me and my fiance (soon to be wife:)) arrived in the US about a week ago with no hassle after a long long k-1 wait....

but we are here finally. we will get married early june, and so we will only file the AOS after that.

we asked about the EAD at the local POE but they said "Huh?? we dont do that thing here."

in the meanwhile, my fiance has a few job offers in her field, and it would be a miss not to act on them, but of course she cannot work with out an EAD.

her social security card is on the way.

so here is my question: is it worth while filing for EAD ASAP so that she might be able to get the EAD in time to get hired? is there another way to get an EAD?

any and all help is welcome!

thanx

Omer

No. Absolutely no point. The EAD will only be valid until her I-94 expires, the card will take 2-3 months to arrive (possibly quicker, but not a lot). Her I-94 is only valid for 90 days so she'll get the card and only be able to work for say a MONTH, at MOST. She will then need to stop work until she receives her GC or a replacement EAD (which you file for when you file AOS).

Personally if she really wants to get a job now, I would get married in the court house or something, file AOS and then she can start working when the EAD or GC arrives.

Best of luck with your decision.

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First: my recommendation - File for an EAD concurrently with her AOS filing. It will take 60-90 days to arrive after that. Unfortunately, probably not soon enough to take them up on any of the current offers. But, if she has so many right now, surely there will be some opportunities when she IS legal to work.

Now, for the details.

She is actually eligible to apply for an EAD (and pay the fee of 300+ dollars for it too!) based on her K-1 entry status. It will take 60-90 days to arrive, and it will expire when her I-94 expires. It cannot be renewed. This will give her about 1 or 2 weeks to work before she'll have to stop working and wait on her EAD based on the AOS application. I don't know that her potential employers will be willing to wait so long for her to start only for her to have to take another break. Economically this doesn't make sense. Unless she can earn a LOT of money, you're likely to pay out more than she brings in.

However, if the EAD is applied for concurrently with the AOS application, based on the AOS applicant status (not K-1), then the EAD will be good for a year, can be renewed, AND the fee is waived.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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