EAD & AOS

[JAYANN & JAY 11]

Hello everyone. Once my fiance & I get married can he get his EAD already & start looking for a job? Also I just wanted to find if I can delay the AOS process after we get married for like a month or do we have to file right away once we are married.

[richinlove 2]

after u get married u can delay for the month yes! however not until u put in his aos application can u get the ead

[mrsSpitze 9]

On top of that, you'd have to wait for the marriage certificate which takes about 6-8 weeks to be mailed to you (at least that's how long it took ours. Wedding took place in CA). Ergo, you'd have the delay of about a month after the wedding.

[Dave&Roza 748]

On top of that, you'd have to wait for the marriage certificate which takes about 6-8 weeks to be mailed to you (at least that's how long it took ours. Wedding took place in CA). Ergo, you'd have the delay of about a month after the wedding.

That's CA. OP is in NJ so it may be the same or it may not. I walked out of the courthouse with six (6) certified copies the day we got married when I handed over the original to be recorded. We received the original Marriage Certificate in the mail after four (4) days later.

OP: When you file for AOS, the EAD and AP filing fees are waived. If you file for EAD before the AOS then you have to pay the filing fee. That is why most of us here of JV say you should file the AOS ASAP even if it means borrowing the money as he will get his EAD and GC faster and be able to work sooner to help repay that money. You can delay as long as you wnat and can afford as there is not set deadline for filing for AOS--he just cannot leave and re-enter the US or legally work until he receives his GC or AP/EAD combo card.

Good luck,

Dave

Edited June 29, 2013 by Dave&Roza

[Hank_ 9,174]

Hello everyone. Once my fiance & I get married can he get his EAD already & start looking for a job? Also I just wanted to find if I can delay the AOS process after we get married for like a month or do we have to file right away once we are married.

Yes he can file for his EAD but there is a fee of $380 and I believe it will expire when the I-94 expires - so a serious waste of money. Whereas if you file for EAD and AP at the same time as filing for AOS both are FREE, and the EAD card is good for a year - and it arrives in about 4 - 8 weeks after filing.

You can delay filing AOS, there is not a requirement to file for AOS within a certain time frame, you husband will be out of status once past the 90 days on the I-94 but that is not a serious issue.

Edited June 29, 2013 by Hank_

[JAYANN & JAY 11]

Yes he can file for his EAD but there is a fee of $380 and I believe it will expire when the I-94 expires - so a serious waste of money. Whereas if you file for EAD and AP at the same time as filing for AOS both are FREE, and the EAD card is good for a year - and it arrives in about 4 - 8 weeks after filing.

You can delay filing AOS, there is not a requirement to file for AOS within a certain time frame, you husband will be out of status once past the 90 days on the I-94 but that is not a serious issue.

Thank you for the info. Do you know exactly how much the fee for AOS is right now? So once we file for AOS once we get married he will be able to receive his EAD within 4-8 weeks correct?

[Dave&Roza 748]

Thank you for the info. Do you know exactly how much the fee for AOS is right now? So once we file for AOS once we get married he will be able to receive his EAD within 4-8 weeks correct?

Filing fee is $1070 and he will be able to work with the EAD and a SSC (social Security card). You can apply for the SSC at the local SSA office from arrive to about 2 weeks before the I-94 expires.

Dave

Edited June 29, 2013 by Dave&Roza

[Darnell 8,478]

4-8 weeks? no - figure 90 days plus, after the AOS is filed, to receive an EAD card.

[Hank_ 9,174]

It was 8 weeks for my wife, and there was an RFE in between there. But 90 days is a real number as well, no one knows for real when USCIS will do anything...

[JAYANN & JAY 11]

Filing fee is $1070 and he will be able to work with the EAD and a SSC (social Security card). You can apply for the SSC at the local SSA office from arrive to about 2 weeks before the I-94 expires.

Dave

THANKS! So he can apply for the SSC once he arrives in the US correct or do we have to wait until we file for AOS before he can apply for SSC?

[Stevephoto 230]

THANKS! So he can apply for the SSC once he arrives in the US correct or do we have to wait until we file for AOS before he can apply for SSC?

He can apply for the SSN after he has been in the US for about 2 weeks (to allow for processing and to get "in the system"). Joan got here on June 13th and we will go next week to apply for her SSN.

[Stevephoto 230]

This thread came at the perfect time for us. Here is our situation: Joan's I-94 is valid until September 10, 2013. We are getting married on August 24th, so no problem there. We want to file for AOS, EAD and AP right after the wedding, but the official wedding certificate won't arrive until 60-120 days after it is filed! Does anyone have any suggestions on how to work around this? I have read that it is not a big deal to go out of status, but we really do not want to do that and Joan wants to work as soon as possible. Is there any negative consequences to filing for AOS with the marriage license and a note explaining that the certificate won't be issued for 2 to 4 months? I know that we would probably get an RFE, but is that a problem?

[Hank_ 9,174]

This thread came at the perfect time for us. Here is our situation: Joan's I-94 is valid until September 10, 2013. We are getting married on August 24th, so no problem there. We want to file for AOS, EAD and AP right after the wedding, but the official wedding certificate won't arrive until 60-120 days after it is filed! Does anyone have any suggestions on how to work around this? I have read that it is not a big deal to go out of status, but we really do not want to do that and Joan wants to work as soon as possible. Is there any negative consequences to filing for AOS with the marriage license and a note explaining that the certificate won't be issued for 2 to 4 months? I know that we would probably get an RFE, but is that a problem?

It isn't an issue to be out of status. So relax.

If you give USCIS an original document - they will keep it. And for the marriage certificate they will want a certified copy.

Not sure how it works in Hawaii, but here in AZ we record the marriage at the county recorder. So the Monday after we were married we headed off to the county recorder, had the marriage certificate recorded and got a few certified copies, we were out of there in a couple hours. Then Tuesday we were at SSA applying for the SSN in my wife's married name, the card arrived a couple weeks later.

We filed AOS a month later as we were loading up the motorcycle to head out and I didn't feel like doing paperwork ... it was time to RIDE!! Filed AOS when we got back then loaded up the motorcycle and headed out for another month.

Edited June 29, 2013 by Hank_

[April-n-Gary 17]

Steve, I was looking into this also for when my April gets here, looking at the State website, I think you can go down to the Dept of Health and apply for "Certified Copies" seems for some reason they can be processed faster, how much faster? Says "Same-Day service may be provided upon presentation of written documentation establishing the need for urgency. Certified copies will normally be available for pick-up about 10 working days after the request is approved."

Here's a link to the Hawaii Marriage webpage http://health.hawaii.gov/vitalrecords/marriage-licenses/

[Dave&Roza 748]

This thread came at the perfect time for us. Here is our situation: Joan's I-94 is valid until September 10, 2013. We are getting married on August 24th, so no problem there. We want to file for AOS, EAD and AP right after the wedding, but the official wedding certificate won't arrive until 60-120 days after it is filed! Does anyone have any suggestions on how to work around this? I have read that it is not a big deal to go out of status, but we really do not want to do that and Joan wants to work as soon as possible. Is there any negative consequences to filing for AOS with the marriage license and a note explaining that the certificate won't be issued for 2 to 4 months? I know that we would probably get an RFE, but is that a problem?

If you are handed the officially signed Marriage Certificate after the wedding and then have to go and record it, stop off and make a few copies to send in with the AOS--if not see if you can get the person officiating the wedding to make a cop of it before he/she sends it off to be recorded. If you can get certified copies the better, but if not just file with a copy of both sides of the Marriage Certificate. When the Marriage Certificate is recorded and you can get certified copies do so and take one to teh interview should you have one. That way you are not waiting on the Marriage Certificate and then wait on the USCIS. You can wait on both and shave a few weeks off the process.

We had the Marriage Certificate and I took it to the County Clerk and Recorder and got 6 certified copies made at that time. The original was mailed back to us the next week. Still have the original in a safe place.

Good luck,

Dave