Can you file an EAD before AOS!

[jwbthailand 0]

Due to my fubar in the SS# stuff or so it seems I'm getting married today! No reason to really wait as we've been together for almost 2 years now I'll post my story later.

Can I after I get married today send in a EAD and wait to send in my AOS until after the 1st of the year. I want to use my 2006 tax returns on the Affidaviat of support that will give me 3 years of earning over the 125% line. In 2004 I quit my job and traveled around the world. My earning are like $6,000 that year!

Thanks for any help!

David

[Kez/JWolf 6]

As a K1 visa holder you can file for an EAD before marriage...... BUT it will take 90 days + to pe processed and is only valid to the date on your I-94 (90 days).. you do not have to file for AOS by the date on your I-94 but it is better to file as soon as you can...

The tax return they will be most interested in is the one for 2005 and what your current job income is... so waiting until the begining of 2007 is not a good idea unless your 2005 income was below the 125%

You would be better filing for EAD with your AOS....

Kezzie

[YuAndDan 153]

The I-864 form indicates 1-3 years returns, so only need to submit your 2005 return, also helps but not required is a letter from your employer, and copies of past 6 months worth of pay stubs.

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

[raymaga 25]

You cannot submit the I-765 before the I-485. They have to either be submitted together, or the I-765 has to be submitted AFTER the I-485.

[Kez/JWolf 6]

A K1 visa holder can submit a I-765 to obtain a temp EAD that will be valid for 90 days from the date they entered the US.... the down side is that it takes so long to process that they will end up with little or no time left on it to work...

But YES they can apply and do have entitlement to a EAD...

Kezzie

[raymaga 25]

The OP is getting married today, so the k-1 rule no longer applies.

The OP will now (being married) have to apply for EAD along with or after AOS.

[Kez/JWolf 6]

The OP is getting married today, so the k-1 rule no longer applies.

The OP will now (being married) have to apply for EAD along with or after AOS.

Sorry raymaga but you are wrong a K1 has temp right to work up to the 90th day.... it does not expire when they get married....

See the guide....

Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waist of both time and money to bother applying. You will file as category ©(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

Kezzie

[sukimi 0]

I'm under the impression the OP doesn't have a K-1 visa - seems like a spur of the moment marriage.

If I were him/her, I would file for AOS and EAD now and provide the 2006 tax return later.

[Yodrak 7]

sukimi,

I think you are under a mistaken impression.

Yodrak

I'm under the impression the OP doesn't have a K-1 visa - seems like a spur of the moment marriage.

If I were him/her, I would file for AOS and EAD now and provide the 2006 tax return later.

[jwbthailand 0]

Went back to the SS office and was told by another officer that my fiance could work under her k-1 visa, I-94 and SS# that she could work for the 90 days until her K-1 expires and the DHS authorization was given on my I-94 card. She told me we were legal and able to work.

I then called the USCIS and they told me somthing totally different ending in she had to have a EAD apart from the K-1 to work and even went further to say that my AOS had to be filled within the 90 days to remain in good status. She then told me you have to file AOS and EAD together or the AOS first then the EAD something about EAD questions about begining the AOS process.

In the end I went to the court house applied for a marriage lic and was married by a judge shortly after the lic was filed. I think we will quit her job and wait for a EAD it's just not worth it to get in bad status with the USCIS or INS. It just really bugs me that I almost hung myself on the words from the SS office in town!

Anyone have any ideas?

David

[meauxna 15]

Went back to the SS office and was told by another officer that my fiance could work under her k-1 visa, I-94 and SS# that she could work for the 90 days until her K-1 expires and the DHS authorization was given on my I-94 card. She told me we were legal and able to work.

I then called the USCIS and they told me somthing totally different ending in she had to have a EAD apart from the K-1 to work and even went further to say that my AOS had to be filled within the 90 days to remain in good status. She then told me you have to file AOS and EAD together or the AOS first then the EAD something about EAD questions about begining the AOS process.

In the end I went to the court house applied for a marriage lic and was married by a judge shortly after the lic was filed. I think we will quit her job and wait for a EAD it's just not worth it to get in bad status with the USCIS or INS. It just really bugs me that I almost hung myself on the words from the SS office in town!

Anyone have any ideas?

David

Truthfully? This is my 2nd try at a reply. I can't really tell who is who or doing what here. But if you have a K-1 or are engaged to a K-1er, you have to get married, so go for it.

I can also tell you it's not a good idea to call CIS for information; they often get it wrong.

I can not tell what you were told by SSA or what it is you're trying to do. K-1s can work in their first 90 days, they are entitled to a SS# and the AOS should be filed in the first 90 days or the K-1's out of status.

It's important to remember that two things CIS overlooks for spouses of USCs are: overstay (out of status) and unauthorized work.

[Yodrak 7]

jwbthailand,

Idea #1 - calling the USCIS is usually a waste of time, their Customer Service operation is aptly nicknamed the Misinformation Line.

Idea #2 - why are you asking the SSA questions that are the purview of the USCIS? If the USCIS itself can't be trusted to give you correct information (although in this case they did), how can you expect some other government agency to know something that's not in their area of authority or responsibility?

Yodrak

Went back to the SS office and was told by another officer that my fiance could work under her k-1 visa, I-94 and SS# that she could work for the 90 days until her K-1 expires and the DHS authorization was given on my I-94 card. She told me we were legal and able to work.

I then called the USCIS and they told me somthing totally different ...

Anyone have any ideas?

David