Looking ahead---Questions about AOS, EAD, AP

[Stevephoto 230]

Hi Everyone!

Joan and I are so excited about our interview on June 6th! I cannot wait for this part of the saga to end and put the "long distance" part of our relationship behind us. I know that the K-1 visa is just the first step in the process. I have some questions about the next steps as we look ahead. Are the any guidelines (a la Hank's K-1 guide) that de-mystify the process?

1) I have read that you can file the AOS anytime from 2 weeks after arrival in the US to 2 weeks prior to the expiration of Joan's I-94...but only after the marriage. Is this correct? Is it the AOS NOA1 that allows her to stay in the US during the processing of the AOS?

2) I've read that it is a waste of time and money to file for EAD before the AOS because it takes 90 days anyway. Is there a difference in processing time if the EAD is filed concurrently with the AOS? Here is the thing: we are hoping that Joan will be in the US in the middle of June. We are planning the wedding for the end of August. BUT...if the EAD takes 3 months, then Joan won't be working for 5 1/2 months. Are there any ways to get a work permit faster?

3) Are there any restrictions to Joan attending adult school either at an adult community school or community college during the K-1--marriage--AOS process?

4) I've read mixed information on the Advanced Parole issue. When is a good idea and when can it be a bad idea? I'd like for us to be able to back to see our family in the Philippines before the looooooong AOS process is completed.

Hmmmmmm just think....after this process we still have the removal of conditions and permanent green card to go through...ooooooooh then citizenship...the fun just doesn't end!

Thanks!

[Hypnos 6,578]

1) She will be able to file for AoS at any point after her marriage to you. Essentially, once you have a certified copy of the marriage certificate in your hands then you can file from any point forwards. She will be out of status from the day her I-94 expires until the day her I-485 is accepted for processing by USCIS. Obviously if she files for AoS before her I-94 expires then there are no status issues to consider, and this is the approach you should take if it's possible.

2) A K-1 is entitled to an EAD as a matter of course, but yes, since it takes 90 days to process and it will only be valid until the expiry date on her I-94 (which will also be 90 days) then it's pointless applying for it because it will already have expired by the time you receive it, or, at most, will have a tiny amount of validity left. As long as you file for an EAD using an I-765 at the same time the I-485 is submitted then it will be processed within 90 days of applying for it, will be valid for one year, and can be renewed (for free) as many times as is necessary until the I-485 is adjudicated.

3) No, although she may be classified as a foreign student and have to pay international or out-of-state tuition costs. Since this varies state by state then you should contact the relevant college concerned directly.

4) Provided she does not have at least 180 days of overstay then she should have no issue using AP. If 180 days of overstay have been incurred (by which I mean at least 180 days elapsed between the day her I-94 expired and the day her I-485 was accepted for processing by USCIS) then AP should not be used, since 180 days of overstay gives a three year bar from the US which AP will not overcome.

Edited May 20, 2013 by Hypnos

[Hank_ 9,174]

There is no cost for the I-765 (EAD) when filing at the same time you file the I-864, same for the I-131 Advanced Travel (so not sure what the down side is to filing for EAD and AP). You file AOS after you are married, there is no "2 week issue". Can't work until the EAD is received or the GC.... whichever arrives first.

Just follow the GUIDE.

http://www.visajourney.com/content/k1k3aos

Edited May 20, 2013 by Hank_

[Stevephoto 230]

Thanks Hypnos! Great answers! Yes we plan on filing the I-485 as soon as we are married. Our tentative date is about 75 days into the 90 day time frame. Is 15 days enough to get the I-485 accepted for processing?

[Stevephoto 230]

There is no cost for the I-765 (EAD) when filing at the same time you file the I-864, same for the I-131 Advanced Travel (so not sure what the down side is to filing for EAD and AP). You file AOS after you are married, there is no "2 week issue". Can't work until the EAD is received or the GC.... whichever arrives first.

Just follow the GUIDE.

http://www.visajourney.com/content/k1k3aos

Thanks Hank...I've look at that guide and will study it in detail when the time comes....your guide was so much more helpful through the initial K-1 process (not that we are finished yet).

[Hank_ 9,174]

As for EAD, my wife's card was valid for one year if memory serves, it arrived a couple months before the GC arrived.

The AOS process is very simple.

There is not a requirement to file for A0S before the I-94 expires, just have to get married before it expires, but yes we filed before the I-94 expiration date but that was to get the everything done ASAP, not because its required

Have to laugh at myself, I see I didn't list the I-485 above, said I-864 instead - yup you have to file one of these also but its to accompany the I-485.

[Hypnos 6,578]

Even if a little overstay was an issue it would not affect the AoS in any meaningful way. Only when it hits the 180 day mark does it became an issue (primarily with regards to AP), but even then it won't prevent a green card from being issued.

I doubt you will have any problems.

[Stevephoto 230]

Thanks!

[Penguin_ie 5,997]

**** Moving from Philippines to AOS from Family Visa forum as not country specific ****

[1.618 17]

1) I have read that you can file the AOS anytime from 2 weeks after arrival in the US to 2 weeks prior to the expiration of Joan's I-94...but only after the marriage. Is this correct? Is it the AOS NOA1 that allows her to stay in the US during the processing of the AOS?

Don't forget to apply for SS. That is actually the exact time frame to do so; 2 weeks after arrival and up to 2 weeks before the expiration of her I-94. Before that (14 days from entry) they might not find her in the system and they'd have to search manually for her entry which can take forever (don't let them do that) and after that (14 days to expiration) it will be a straight up denial (until CG). This means you have a two month range to go to the SS office and apply.

I would do it as soon as possible after arrival (right after the 2-3 weeks mark) for peace of mind and for easier adjustment (bank account, DL, etc) - some people wait, it sometimes slip their mind which leads to denial for being too close to the expiration date. They are then stuck without SS until they receive their CG (which can take up to a year).

For the actual AOS process, others have given good advice.

Edited May 20, 2013 by 1.618

[Stevephoto 230]

Ah...that's what I read....thanks for clarifying that! It is now on the list!

[PhiLandShiR 18]

You may also want to think about some sort of ID card from the DMV as well.

Not the same as a drivers license, that can of worms can wait til later.

You will need to apply for that at least 30 days before her I-94 expires. at least here in Iowa that is...

-Phil

[Hypnos 6,578]

The expiry date of any ID for a K-1 is usually tied to the expiry date of their I-94, since that is the last day they are in legal status unless they file an I-485.

Once she has her EAD, then getting some kind of state ID would be a good idea. Some states accept the I-485 NOA as proof of legal status, some don't, you would need to check with that particular state's DMV or equivalent.

[Psoas10 17]

Make sure to get 4 or 5 certified copies of your marriage certificate. Because it will take 3 to 6 months to get the original. Also it may take 3 to 8 weeks to get the certified copies. You know how the state runs here. You also need to copies for the aos and removing conditions after. Also you have to wait for the marriage copy to file for the aos. At least you won't have to fly to Oahu 4 to 6 times throught the whole process. Also she won't complain of meeting Filipinos or getting Filipino food.

[bigdog 377]

Good Luck with all of this. Throw everything in a box you think you will need for AOS, then same for ROC. At least it will be in one place.