Very confused on if we should apply for an EAD

[heatherandtezz 0]

Hii,

My fiance has finally arrived in the US (yay!) and we are getting married in January. I've read that he shouldn't bother paying for/applying for an EAD because it will likely be expired (when his K1 expires) by the time it's processed. However, can't he just renew the EAD (at no cost) and have it to apply for work for when we begin the AOS process? Does he really have to wait all these months? He wants to work asap..any solutions or advice?

Thanks!

[florida4life 29]

he better apply for EAD that's the only way or he will endure a even longer wait for his green card. So yes it makes since to apply when you do your AOS it do not cost any money for it either and for AP if you send all at the same time. to get AP/EAD it like 3 to 4 months wait sorry. K1 is going to expire in 90 days so what you heard are read maybe wrong. he will not get a EAD until he apply for it.

Edited November 16, 2013 by florida4life

[Bugs 455]

Hii,

My fiance has finally arrived in the US (yay!) and we are getting married in January. I've read that he shouldn't bother paying for/applying for an EAD because it will likely be expired (when his K1 expires) by the time it's processed. However, can't he just renew the EAD (at no cost) and have it to apply for work for when we begin the AOS process? Does he really have to wait all these months? He wants to work asap..any solutions or advice?

Thanks!

The EAD usually is processed in 3 months. The AOS nearer to a year. So it is wise to apply for an EAD rather than wait for a green card to be eligible to work if you want to work as soon as possilbe, becuase you need either to be able to work.

[missicy 87]

If he applies for EAD before AOS then he needs to pay and yes, it will expire when K-1 expires and it takes a couple of months to get it so it's not worth it. If he applies together with AOS then there is no extra EAD fee (he only pays AOS fee) and he will be able to work in about 3 months.

[Nich-Nick 3,354]

Hii,

My fiance has finally arrived in the US (yay!) and we are getting married in January. I've read that he shouldn't bother paying for/applying for an EAD because it will likely be expired (when his K1 expires) by the time it's processed. However, can't he just renew the EAD (at no cost) and have it to apply for work for when we begin the AOS process? Does he really have to wait all these months? He wants to work asap..any solutions or advice?

Thanks!

I think you mean the stand alone EAD with a fee that he is eligible for as a K1. You have read the concept that by the time he gets it, it will soon expire or be expired. Reason: his eligibility is only for the 90 days he is given on the I-94 at entry. (His K1 is already expired because he used it). So let's say he entered this week, his authorized stay in the US ends around mid February. If he got the EAD card, it would expire mid-Feb. He can't extend it because he got it based on his I-94 which expires. A K1- isn't eligible to ask for an extension of their 90 day I-94. There is no renewal of that kind of EAD authorization. It's 90 days and it's over.

When he applies with the AOS, he gets a card for 1 year based on applying for his adjustment of status. If he got denied AOS, it would be over for that EAD too because it is only allowed because the greencard is pending a decision.

If he needs to work sooner, then get married next week and get AOS/EAD filed.

[heatherandtezz 0]

I think you mean the stand alone EAD with a fee that he is eligible for as a K1. You have read the concept that by the time he gets it, it will soon expire or be expired. Reason: his eligibility is only for the 90 days he is given on the I-94 at entry. (His K1 is already expired because he used it). So let's say he entered this week, his authorized stay in the US ends around mid February. If he got the EAD card, it would expire mid-Feb. He can't extend it because he got it based on his I-94 which expires. A K1- isn't eligible to ask for an extension of their 90 day I-94. There is no renewal of that kind of EAD authorization. It's 90 days and it's over.

When he applies with the AOS, he gets a card for 1 year based on applying for his adjustment of status. If he got denied AOS, it would be over for that EAD too because it is only allowed because the greencard is pending a decision.

If he needs to work sooner, then get married next week and get AOS/EAD filed.

Thank you, that clears things up. WOuld you know current processing times for EAD? Will we get the EAD before the AOS?

EditL I mean EAD

Edited November 16, 2013 by heatherandtezz

[Nich-Nick 3,354]

Thank you, that clears things up. WOuld you know current processing times for EAD? Will we get the EAD before the AOS?

EditL I mean EAD

Looking at this page, the average is around 2 months right now http://www.visajourney.com/timeline/

Form I-765s with a NOA1 date of Sept 16 are being processed.

Most get EAD first because the greencard usually takes longer. But there are cases where a speedy greencard process beats a slow EAD. Then they may cancel the EAD file because you don't need that card. A greencard allows work.