AOS QUESTIONS

[Ty & Nanda 3]

Just a few question or rather re assurance from the community , Fiancé and I are happily married and now starting the AOS journey I have assembled the package and its ready to go but upon cross reference I have the following questions now any and all insight would be greatly appreciated , thank you in advance

#1-K-1 expires 08/05/2011 we were married 07/31/2011 does it matter if uscis receives my package after this? Or is it ok as long as the marriage cert reflects the date prior to expiration?...

#2- Can your work authorization be done and have permission to work before you apply for the whole AOS song and dance .. ? ( recently curious as to how quickly I have to kick out the extra $1,070 not a small fee…. I have it but jeeze after the weeding and all,.. some time would lessen the blow to my pockets )

Thanks again - TYLER & FERNANDA RYAN

[Harpa Timsah 13,258]

It is okay to apply after the expiration on he I-94 as long as you got married within the 90 days, which you did. There is no EAD without AOS though. Good luck.

[Anh map 2,098]

You can apply for the EAD prior to the AOS, Of course then there is a separate fee that is waived if you apply along with the AOS. Why pay more than you have to? Unless you are one of those fat cat Wall Street types ruining our economy.

[Harpa Timsah 13,258]

People can apply for EAD prior to AOS, but the OP cannot, because their I-94 expires on Aug 5. The EAD would be denied because the I-94 validity will be over by the time they see the application.

[VanessaTony 3,567]

Just a few question or rather re assurance from the community , Fiancé and I are happily married and now starting the AOS journey I have assembled the package and its ready to go but upon cross reference I have the following questions now any and all insight would be greatly appreciated , thank you in advance

#1-K-1 expires 08/05/2011 we were married 07/31/2011 does it matter if uscis receives my package after this? Or is it ok as long as the marriage cert reflects the date prior to expiration?...

#2- Can your work authorization be done and have permission to work before you apply for the whole AOS song and dance .. ? ( recently curious as to how quickly I have to kick out the extra $1,070 not a small fee…. I have it but jeeze after the weeding and all,.. some time would lessen the blow to my pockets )

Thanks again - TYLER & FERNANDA RYAN

1. K1 visa expired the minute she entered the US. Her I-94 date is what matters now. As long a you were married before the i-94 expired, that's all that matters.

2. You COULD have if the I-94 hadn't expired but you would have paid $300 ish for it and it would have expired when you I-94 would. Sorry but now you need to do AOS with the EAD. There is no deadline to file AOS but she is "out of status" until you do. She cannot work, she cannot get a drivers licence and she should avoid borders. While she probably wouldn't be deported, she CAN still be locked up in immigration jail until she sees an immigration judge who will order immediate AOS (and you'll have legal fees on top of that). It's rare, but it CAN happen (and has before)