confused...

[DeeDee&Sam 68]

i got here on september 27 and i was looking on my passport and i dont really understand the deadline to file for AOS. on my I-94 it says 16 Dec 2011. i dont wanna apply yet cause i dont want to send countless adress changes to USCIS while being in the process so is December a good time? just straight to the point answers needed. thanx

[belinda63 3,038]

You can file for AOS anytime you like. You will be out of status when the I-94 expires until you file for AOS, then you will be considered pending status.

[Inky 1,110]

There is no deadline to file AOS.

File as soon as you can after marriage that is all.

[DeeDee&Sam 68]

thank you thats all i needed to know

[JillJ 0]

I have a question around this topic.....

My fiance is going for his K1 interview on Nov. 2 in Vancouver. Assuming it is approved, can he file for the EAD BEFORE he moves to the US? He is concerned about a smooth transition with work and would like to continue working in Canada prior to this approval. We are really not sure that moving to the US and then waiting the 3 months for approval will allow it to be possible to keep his current job. The company would prefer he transfer as quickly as possible, which is obviously beyond our control with the work authorization.

From what I've read, it seems he needs to go through the POE and obtain the I-94 to provide with the EAD application. I actually called the USCIS about this today and was told he can file BEFORE moving.

Obviously, confused on this.

If he does need to move before filing, would we be able to get married ASAP, file for the AOS and EAD together, and then have him fly back to Canada to continue working until approval? I know the K1 is a one-entry only visa, so just wondering if there are any ways around it.

Any help or suggestions are much appreciated!! This is rather stressful and confusing to both of us.

[Inky 1,110]

its around 400$ to file for the EAD early after entry to the USA. The EAD takes 90 days to arrive and is only valid until the date on the I-94. There is no point because the EAD will expire and he will have to quit his job.

Enter the usa, get married file for AOS and EAD and get the EAD in about 3 months. The EAD from AOS is good for a year/until the green card arrives.

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If you sent him back to canada without AP he will not be allowed back in and his AOS will be CANCELED he will have abandoned status. Then you have to file from the beginning as a spousal visa.

There is no way around not working. He will have to wait.

Edited October 21, 2011 by Inky