EAD for fiance(e)s

[zsofi84 0]

Hey everybody,

I have a huge problem with my EAD application. I arrived to the US in March but since we didn't want to get married right away I applied for the EAD as a a fiancee and I had to pay $340, of course. After a month I have received a letter from USCIS that stated the following:

"A thorough search of Service electronic records does not reveal that you have filed an application to adjust your status to that of a lawful permanent resident, or that any such application, if filed, is pending a final decision. Please submit copies of you birth certificate along with a copy of your marriage license."

First of all I didn't understand that they were trying to say that I wasn't eligible to apply for an EAD as a fiancee but since they looked they can still proceed an EAD for me they just wanted more information so I sent those documents they needed.

The problem that I just found out that actually this EAD will be valid only with my K1 visa which expires in 3 weeks. So after all maybe I will receive my EAD soon but it will be valid only for a few days??? Does USCIS really do that?

And it actually means that after the wedding when I file for AOS then I have to apply for a new EAD again?

Which would mean I really made a mistake to apply for this and pay all that money but the reason why I am so mad becasue there is absolutley no information on the USCIS website that as a fiancee I can only get a valid EAD until my K1 expires!

Is there anyone who had the same problem? Please help me and explain this mess!!!

[LIFE'SJOURNEY 970]

YES there is information on USCIS stating this, you just didn't read it.

[zsofi84 0]

YES there is information on USCIS stating this, you just didn't read it.

All right forgive me then! The point is not this though. I didn't want to open a topic to discuss who's fault is what but to get answers for my problem.

[LIFE'SJOURNEY 970]

All right forgive me then! The point is not this though. I didn't want to open a topic to discuss who's fault is what but to get answers for my problem.

Therefore you have already answered your own question, yes you will have to file for EAD under the AOS.

[belinda63 3,038]

The information you have it correct. If you apply for an EAD prior to filing for AOS the EAD is a stand alone card and is only valid until the I-94 expires as there is no basis for you to continue being in the US UNTIL you file for AOS. For example you came to the US, you don't marry your fiance, you try to get an EAD good for one year so you can stay in the US (out of status) but work for a while before you go home. This is why the EAD is only valid as long as the I-94 and why most people advise against paying for it.

When you file for AOS you can apply for the EAD also with no additional fee, ie. $1040 for the AOS, EAD, and AP. This EAD will be valid for one year or will be replaced by your green card.

[HeatDeath 430]

Unfortunately there really aren't any answers to your problem. You've given USCIS a bunch of money that they aren't going to give back to you, in exchange for an EAD card that, at absolute best, will be valid for about a week. You WILL have to apply for another EAD when you file AOS, but at least they won't charge you for that one. Even if this EAD shows up before your K-1 I-94 expires, it will expire at the same time as the K-1 I-94. You will then not be able to work until you get the new EAD card.

I understand your frustration, but there really isn't anything to be done at this point. I admit that the USCIS website, even after the reorganization, does not always make the interactions of these administrative processes clear. This is why sites like this one are so important. The Guides here are absolutely invaluable for anyone trying to go through this process. I studied the guides and related forums here for months before even beginning the initial petition with my USC now-wife.

But that's all water under the bridge at this point. You've sent the documents, so you will get the EAD you've applied for, and USCIS application fees are generally nonrefundable anyways. Best recommendation going forward is to study the guides and sample forms here so you know exactly how the AOS process will go.

If at all possible have your AOS forms filled out, signed, and dated the day after your wedding, and have this done BEFORE your wedding, so that way you can mail in the forms the instant you have your marriage certificate in hand. Trust me, you will NOT feel like dealing with them after the wedding!

Check with the county marriage recorder office to see if they will let you bring in your marriage certificate (signed by the witnesses and officiant) yourselves. Many counties will allow this. Then they will register your marriage on the spot, and can give you your official marriage license (which needs to be included in your AOS packet) right then and there. If you wait for the officiant to mail it to the county, and for the county to process it and mail you the certificate, that can add weeks, which will probably take you past your I-94 expiry date. It is best, again if at all possible, to file your AOS before the I-94 expiry date, so as to avoid accumulating even a single day of out-of-status time. Once you find out from the county that you can do this, make sure your officiant, maid of honor, and best man know this, so that they can make sure the officiant doesn't accidentally take it anyways when he/she leaves after the wedding.

And it goes without saying that you ABSOLUTELY, POSITIVELY, NO EXCUSES MUST get married BEFORE your K-1 I-94 expires. If you don't, it is an enormous, costly, inconvenient, extremely risky mess to clean up. This part is not optional. Even if it ends up being just the two of you at the county courthouse, the date on the wedding certificate must be before the expiry date on the I-94, or you will see trouble from USCIS that you've not known, that will make the unnecessary $340 you've sent them for this EAD look like a winning lottery ticket by comparison.

Edited May 22, 2010 by HeatDeath

[zsofi84 0]

Unfortunately there really aren't any answers to your problem. You've given USCIS a bunch of money that they aren't going to give back to you, in exchange for an EAD card that, at absolute best, will be valid for about a week. You WILL have to apply for another EAD when you file AOS, but at least they won't charge you for that one. Even if this EAD shows up before your K-1 I-94 expires, it will expire at the same time as the K-1 I-94. You will then not be able to work until you get the new EAD card.

I understand your frustration, but there really isn't anything to be done at this point. I admit that the USCIS website, even after the reorganization, does not always make the interactions of these administrative processes clear. This is why sites like this one are so important. The Guides here are absolutely invaluable for anyone trying to go through this process. I studied the guides and related forums here for months before even beginning the initial petition with my USC now-wife.

But that's all water under the bridge at this point. You've sent the documents, so you will get the EAD you've applied for, and USCIS application fees are generally nonrefundable anyways. Best recommendation going forward is to study the guides and sample forms here so you know exactly how the AOS process will go.

If at all possible have your AOS forms filled out, signed, and dated the day after your wedding, and have this done BEFORE your wedding, so that way you can mail in the forms the instant you have your marriage certificate in hand. Trust me, you will NOT feel like dealing with them after the wedding!

Check with the county marriage recorder office to see if they will let you bring in your marriage certificate (signed by the witnesses and officiant) yourselves. Many counties will allow this. Then they will register your marriage on the spot, and can give you your official marriage license (which needs to be included in your AOS packet) right then and there. If you wait for the officiant to mail it to the county, and for the county to process it and mail you the certificate, that can add weeks, which will probably take you past your I-94 expiry date. It is best, again if at all possible, to file your AOS before the I-94 expiry date, so as to avoid accumulating even a single day of out-of-status time. Once you find out from the county that you can do this, make sure your officiant, maid of honor, and best man know this, so that they can make sure the officiant doesn't accidentally take it anyways when he/she leaves after the wedding.

And it goes without saying that you ABSOLUTELY, POSITIVELY, NO EXCUSES MUST get married BEFORE your K-1 I-94 expires. If you don't, it is an enormous, costly, inconvenient, extremely risky mess to clean up. This part is not optional. Even if it ends up being just the two of you at the county courthouse, the date on the wedding certificate must be before the expiry date on the I-94, or you will see trouble from USCIS that you've not known, that will make the unnecessary $340 you've sent them for this EAD look like a winning lottery ticket by comparison.

Well thank you very much for the infos. I have been studying the USCIS website for months every day and night and I thought that is all I needed to know. But after filing my EAD application all these questions just came up in my mind and when I started to search for answers I finally found this page. Which is truely helpful now I know!

So I learned my lesson (and I went short of a couple hundred dollars as well) but now at least after reading the USCIS website I can doublecheck everything here too.

The wedding is actually next week so I guess I should just let this thing go now and get worried about the next steps coming up soon. I already asked the officiant that we wanna return our marriage license. I didn't check with our local county clerk about this though but hopefully they will let me have our certificate right then and there.

I am still worried about my timeframe though because after I got the marriage certificate I still wanna change my name with SS. After I reported my name changed, can I just file my AOS application even if I haven't received my new SS card yet? (I already have a SSN so it will be only a name change I guess)

Do you know if for some reason my AOS application package would be late (I mean it arrives to USCIS after my I-94 expires) but let's say I have mailed it in time then that shouldn't cause any problems or difficulties with case later, right?

You have know idea how much I appreciate your help!

[zsofi84 0]

The information you have it correct. If you apply for an EAD prior to filing for AOS the EAD is a stand alone card and is only valid until the I-94 expires as there is no basis for you to continue being in the US UNTIL you file for AOS. For example you came to the US, you don't marry your fiance, you try to get an EAD good for one year so you can stay in the US (out of status) but work for a while before you go home. This is why the EAD is only valid as long as the I-94 and why most people advise against paying for it.

When you file for AOS you can apply for the EAD also with no additional fee, ie. $1040 for the AOS, EAD, and AP. This EAD will be valid for one year or will be replaced by your green card.

Thanks for your answer. Now I know how this thing works and that I made a huge mistake. I hope at least those USCIS people will spend my money to buy some really expensive champagne to celebrate and laugh at my stupidness.

[HeatDeath 430]

I am still worried about my timeframe though because after I got the marriage certificate I still wanna change my name with SS. After I reported my name changed, can I just file my AOS application even if I haven't received my new SS card yet? (I already have a SSN so it will be only a name change I guess)

Do you know if for some reason my AOS application package would be late (I mean it arrives to USCIS after my I-94 expires) but let's say I have mailed it in time then that shouldn't cause any problems or difficulties with case later, right?

You have know idea how much I appreciate your help!

Your Green Card will be issued in whatever name you put at the top of the I-485 (it has a spot farther down for your name as it appeared on the I-94). So put your married name on the I-485 at the top, and put your maiden name (which is presumably the name on your visa and I-94) in the spot for name as it appears on the I-94. That way your GC will be in your married name.

The SSC is completely separate from the AOS process, and doesn't affect it in the least. File your AOS application as soon as possible after the wedding, and don't worry about whether the SSC has shown up yet.

If your AOS package arrives at USCIS a few days (or even weeks) after your I-94 expires, it's not a big deal. It's best if it arrives a bit before, because that way the date on your I-485 receipt will be before the expiry date of your I-94, and you'll have no out-of-status days, but it's not generally a big deal if there's a few days gap. It is vanishingly unlikely to cause any problems or difficulties with your case later. The main thing is to try to avoid interacting with federal law enforcement (which includes Arizona state cops now) between when your I-94 expires, and when you receive your I-485 NOA1. You are in a perfectly legal status during that period, assuming you have filed your AOS, but you won't have the documentation to prove it, which can make your life more interesting than you would like while they double check your status.

Come to think of it, avoiding interacting with federal law enforcement is good advice at any time

Glad I could help.

[kweenbee 0]

Your Green Card will be issued in whatever name you put at the top of the I-485 (it has a spot farther down for your name as it appeared on the I-94). So put your married name on the I-485 at the top, and put your maiden name (which is presumably the name on your visa and I-94) in the spot for name as it appears on the I-94. That way your GC will be in your married name.

The SSC is completely separate from the AOS process, and doesn't affect it in the least. File your AOS application as soon as possible after the wedding, and don't worry about whether the SSC has shown up yet.

If your AOS package arrives at USCIS a few days (or even weeks) after your I-94 expires, it's not a big deal. It's best if it arrives a bit before, because that way the date on your I-485 receipt will be before the expiry date of your I-94, and you'll have no out-of-status days, but it's not generally a big deal if there's a few days gap. It is vanishingly unlikely to cause any problems or difficulties with your case later. The main thing is to try to avoid interacting with federal law enforcement (which includes Arizona state cops now) between when your I-94 expires, and when you receive your I-485 NOA1. You are in a perfectly legal status during that period, assuming you have filed your AOS, but you won't have the documentation to prove it, which can make your life more interesting than you would like while they double check your status.

Come to think of it, avoiding interacting with federal law enforcement is good advice at any time

Glad I could help.

Well I might be a little too late but I think I could offer some good advice since we dealt with the same thing. I got here in Nov on K1, we got married in January so we were withing the time time frame. but like you, we read somewhere that you could apply for an EAD as a K1 and I wanted to work immediately so we did that. paid the $340 only to find out that it will only be valid for as long as my I-94 was valid which was 90 days. so we found this out a week after we submitted the ead application. a week later, got the RFE letter from USCIS saying they want proof that we filed our AOS. they gave us like 1 month to reply to the RFE. so what we did, during that 1 month, we submitted our AOS papers and we got a NOA for the AOS a week after. once we got that NOA we sent it in as a reply to the RFE. and then after 3 weeks later they approved my EAD.

I dont know if we got lucky. but we sure did a mistake, but we found a way to work around it. maybe if its not too late you can file your AOS papers then send them in as a reply to that letter they sent you. we still wasted a little money. but i still got my EAD way ahead so that was okey. I have started working so it doesnt matter if my green card takes a while.

[zsofi84 0]

Well I might be a little too late but I think I could offer some good advice since we dealt with the same thing. I got here in Nov on K1, we got married in January so we were withing the time time frame. but like you, we read somewhere that you could apply for an EAD as a K1 and I wanted to work immediately so we did that. paid the $340 only to find out that it will only be valid for as long as my I-94 was valid which was 90 days. so we found this out a week after we submitted the ead application. a week later, got the RFE letter from USCIS saying they want proof that we filed our AOS. they gave us like 1 month to reply to the RFE. so what we did, during that 1 month, we submitted our AOS papers and we got a NOA for the AOS a week after. once we got that NOA we sent it in as a reply to the RFE. and then after 3 weeks later they approved my EAD.

I dont know if we got lucky. but we sure did a mistake, but we found a way to work around it. maybe if its not too late you can file your AOS papers then send them in as a reply to that letter they sent you. we still wasted a little money. but i still got my EAD way ahead so that was okey. I have started working so it doesnt matter if my green card takes a while.

Yes that does sound a very good idea and I also got a RFE saying that they needed more information since I didn't have an AOS pending yet. But undortunately I already sent thosse additional information a week ago and I guess that was a second mistake. Probably they gave me an other chance to submit my AOS so I would get this EAD for only a couple days.

But I wasn't thinking and I wanted to start working as soon as I can and I wanted to be very quick sending those documents in. I should've waited then.

But I still hope that even this EAD will be issued for me now and I havw to apply for an other one with AOS application it won't take that long since they already accepted the same application once so hopefully it will benefit me a little bit in the future.

I appreciate your letter though and congrats that you guys could work it out better!

[kweenbee 0]

Yes that does sound a very good idea and I also got a RFE saying that they needed more information since I didn't have an AOS pending yet. But undortunately I already sent thosse additional information a week ago and I guess that was a second mistake. Probably they gave me an other chance to submit my AOS so I would get this EAD for only a couple days.

But I wasn't thinking and I wanted to start working as soon as I can and I wanted to be very quick sending those documents in. I should've waited then.

But I still hope that even this EAD will be issued for me now and I havw to apply for an other one with AOS application it won't take that long since they already accepted the same application once so hopefully it will benefit me a little bit in the future.

I appreciate your letter though and congrats that you guys could work it out better!

Unfortunately, they don't give you a second chance when replying to RFEs. You only get one chance. Once the deadline expires, they decide your application based on the documents you've submitted. they wont ask for more. I guess you can just let the EAD pass and then just send in the AOS papers with another EAD application