K3 visaholder: can we apply for EAD ?

[timesnap 0]

Hi Guys

My hubby's K3 just got approved and he will be coming here by the end of the month. His I-130 has not been approved yet. I think I can still apply for his EAD .Right ? And I will have to wait for applying his AOS. Thoughts ?

[Yodrak 7]

timesnap,

He (not you) can apply for both EAD and AOS as soon as he arrives, without regard to the status of your I-130 petition.

Yodrak

Hi Guys

My hubby's K3 just got approved and he will be coming here by the end of the month. His I-130 has not been approved yet. I think I can still apply for his EAD .Right ? And I will have to wait for applying his AOS. Thoughts ?

[timesnap 0]

Really ..? He can apply for AOS too .... i thought he would either need to file an original I-130 or approved I-130 along with i-485....

[Yodrak 7]

timesnap,

Back when I-485 was submitted to the District and Sub offices there were 3 different policies observed at different offices, 2 of which you mention. Now that application for adjustment has been consolidated at the NBC there is only 1 policy, and that is the policy I mentioned but you did not.

My wife submitted her I-485 to the NBC months before my I-130 was finally approved.

Yodrak

Really ..? He can apply for AOS too .... i thought he would either need to file an original I-130 or approved I-130 along with i-485....