e-filing EAD before AOS (K1)

[Jahan&Veena 4]

Hi ALL

The Instructions for E-Filed Form I-765 on the USCIS website state that a K-1 Fiance(e) IS eligible to e-file for EAD but a K-3 spouse is NOT.

Since the AOS (I-485) can not be e-filed, is it correct to assume that one can e-file the EAD BEFORE submitting the AOS?

On the paper i-765, The instructions for a K-1 applicant are:

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for family-based adjustment under ©(9).

What I make of this is that you ARE eligible to apply for the EAD as long as you are doing this within the first 90 days...and the reason they say it can not be renewed must be because any future application for EAD "...must be based on your pending application for family-based adjustment under ©(9)" to make sure that you married your USC fiance(e) and filed for AOS within the 90 days...if you didnt then obviously you can not renew or get a new EAD.

If other VJers agree then this is great news for K1s...no need to wait until sending the AOS package!

Waiting for your thoughts/opinions on this.

Regards,

Christine & Jahan.

[frndly1 1]

You can not file for EAD (I-765) until you have filed for AOS (I-485). If you submit the 485 and 765 at the same time you dont have to pay for the biometeric twice. Also e-filing the 765 does not get your formed process any sooner than if you mail it.

Good Luck.

[meauxna 15]

If other VJers agree then this is great news for K1s...no need to wait until sending the AOS package!

Waiting for your thoughts/opinions on this.

The missing piece is: How long does it take to receive the K-1 EAD?

Answer: 85-90 days.

Conclusion?

[Jahan&Veena 4]

frndly1,

Thank you for your post. If you read the instructions on the I-765 for family-based adjustment applicant, you can file for the EAD after the AOS or concurrently with the AOS application which will make you a category ( C)(9). If you read my post above, it is about category (a)(6). You can be in category (a)(6) ONLY if you apply for the EAD as a K1 BEFORE AOS.

I just spoke to John at USCIS Customer Service and he confirmed that it is in fact possible to apply for the employment authorization BEFORE filing for AOS if you're on K-1, but he said that it will be valid only for 90 days (thru the validity of the K1) and since it takes about 90 days to process them, its no use.

This is exactly what meauxna (correctly) suggested.

Oh well...better get back to assembling the AOS packet

Jahan.

[Yodrak 7]

frndly1,

A K1 can apply for an EAD prior to applying for adjustment, as others have already told you.

One does not have to pay for the biometrics twice in any event - there is no fee for the I-765 photo and index fingerprint.

Yodrak

You can not file for EAD (I-765) until you have filed for AOS (I-485). If you submit the 485 and 765 at the same time you dont have to pay for the biometeric twice. ....

[frndly1 1]

Yodrak,

Thanks for the informaton but I didnt ask the question. Nor does this situation apply to me. But thanks for the info.

[Yodrak 7]

frndly,

I'm not commenting on any question you asked or about your situation.

I'm commenting on the misinformation you provided, hoping that other people will not be lead astray by it and that you will not repeat the same misinformation in the future.

Yodrak

Yodrak,

Thanks for the informaton but I didnt ask the question. Nor does this situation apply to me. But thanks for the info.

Edited September 21, 2006 by Yodrak