Best way for benificiary to get EAD

[noelle126 0]

Hi all,

My fiance and I are in the application process now. Looking towards the future, knock on wood that he gets accepted, he will move here in the next few months. We're wondering about when he can begin to work in the US. I've read that even with the k-1 you can't apply for an EAD until you arrive to the States. But the permit application process takes 3 months and you must be married within 3 months, which then negates the EAD from the k-1 visa. Am I missing something here? How long does it really take for the beneficiary to get a work permit and how is the best way?!

Many thanks!!!!

[newacct 688]

When you file for AOS, you should also file for EAD and AP. And you get it 3 months after filing. So it is time of filing + 3 months. Of course, you have wait until after you're married to file for AOS.

As you have already figured, the EAD from K-1 is a waste of money.

[Pitaya 2,577]

With the K-1 visa: Upon arrival in the US and POE (Port of Entry) immigration processing, the K-1 visa is now void, it is a one-way visa. The alien fiancee now has 90 days to get married, or to return to their home country. After getting married, they can start the AOS process (including EAD application). The alien relative can work after applying for and receiving the EAD card or Green Card. It can take up to 90 days for the EAD to be processed.

Good luck.

[Caryh 5,206]

You apply for the EAD and AP with the AOS after you get married (within 90 days of entry, not three months). The EAD takes two to three months after applying. The SS number should be applied for shortly after the K-1 arrives, and certainly before you get within 2 to 3 weeks of the 90 days after entry (I-94 validity period). If you wanted to pay a separate EAD fee, I'm not 100% sure they'd give an EAD under current rules, during the I-94's 90 days validity, it would expire with the I-94. If you even managed to get it before the expiration date, the odds of him making more than the fees are slim. People stopped doing this years ago when they clarified the EAD would expire with the I-94's 90 day validity.

[KayDeeCee 4,896]

You get married within 90 days of entry and file for AOS. When filing for AOS, you also apply for the EAD and AP. It takes 2-3 months to receive the EAD/AP after filing. Once you have the ED and an SSN, you can begin working. Guide for AOS > http://www.visajourney.com/content/k1k3aos

~ Moved from K-1 Process to AOS from Family Based Visas- topic is about applying for AOS ~

[noelle126 0]

Thanks for your help! So I guess we have the next few months to save like crazy then!

[KayDeeCee 4,896]

Just to make sure you know, the fees for the EAD and AP are waived when filed with a pending I-485. The cost of AOS is $1070, with or without the EAD and AP forms. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[Cashm 0]

You may not have even wait so long. I applied on the 27th Sept got my notice on the 3rd Oct and got approved today. So it can move very fast if u have everything together. God is good. I just wanted to get to working.