Filing i485 and EAD separately or together- which is faster for work authorization?

[bdfuller 0]

Hello All,

My husband came to the US on a K-1 in December and we got married on December 21st. We would like him to be able to work as soon as possible, and I am wondering about sending the EAD separately, or with the 485 file? Which way would be quicker for him to get his work authorization (not as worried about the extra fees)? We are getting the green card paperwork together and will hopefully be able to send it within the next week. Also does anyone know about how long it might take? We are sending our files to the Chicago USCIS and will be using the Cleveland field office. I would appreciate any insight

[Merrytooth 5,748]

Technically, you are eligible to apply for EAD first without I-485, but it costs $380, takes 2-3 months to process and expires when his I-94 does.

In the best case, he will be eligible to work for about a month, probably less.

The worst case is that the card arrives after his I-94 expires and you've just donated $380 to USCIS.

[Pitaya 2,577]

The EAD/AP (I-765/I-131) processing times are about 60-90 days after submission. VJ stats say that USCIS is currently processing Nov. 9, 2013 EAD/AP applications.

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

Most folks submit the AOS/EAD/AP/Medical forms/apps at the same time. As mentioned before, you can send in the EAD early, but it is expensive and typically of marginal utility due to the previously mentioned reasons.

[prislovsky 0]

My name is Billy and my now wife and her son came here in December on a K-1 and K-2 Visa. I will be filing my I-485 within the next few weeks also. I plan on sending all paperwork with the exception of the I-765 as from reading I can file this separately and as long as I get the I-797C receipt of the I-485 documenation. I know that by filing the I-765 will process more quickly than the I-485 as you have no clue as to when that paperwork and interview will take place. By filing the I-765 along with the reciept I-797C there will no no additonal fees when filed. I hope this helps, cause that is what I'm going to do.

[Zedayn 485]

I would just send the EAD and AP with your I-485 application. There are no extra fees when submitting with an I-485. It will take 2 to 3 months to receive the EAD/AP card.

Edited January 8, 2014 by Zedayn

[bdfuller 0]

Thank you for your quick responses. I think we will forget about paying the extra fee then since it doesn't seem to be worth it, and go with Billy's advice on filing it separate with the NOA1 (as long as you are sure there aren't any fees!)

[bdfuller 0]

Oh and do we send the i-765 to the same place, the USCIS of Chicago?

And sorry, just one more question Are there any additional fees I should know about besides the $985 for the AOS? Any additional forms or documents I shoudl know about sending besides what is listed on this step by step guide? :

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

Thank you everyone for your help!

Bethanne

[Merrytooth 5,748]

You send all the forms AOS/EAD/AP (I-485/I-864/I-765/I-131) TOGETHER to USCIS Chicago address.

No need to send them separately. I think Billy's post is very confusing and incorrect.

The latest fee for AOS is I-485 $985 + $85 biometric fee for a total of $1070

[Zedayn 485]

Thank you for your quick responses. I think we will forget about paying the extra fee then since it doesn't seem to be worth it, and go with Billy's advice on filing it separate with the NOA1 (as long as you are sure there aren't any fees!)

Why file it separately? It can take up to a couple weeks longer to receive your EAD, due to waiting on the NOA1.

[NickD 203]

We sent the entire package at one time, I-130's, I-485's, G-325's, I-693's, I-864, I-864A,I-765's, think that was it, going by memory and copies of all the required evidence. Along with a big fat check for wife and daughter. First was a biometric appointment for both, needed that for the EAD's, that took about a month, cards came in about a month later.

With those, could take those cards with the SS application to my SS office and get them both probationary SS numbers. Wife could get a US driver's license, her daughter, a state ID card so we could travel via the airlines, but only in the USA. And could open bank accounts. Wife could apply for a job. After that took another year until they received their conditional green cards, then were free to travel aboard. That first year went by very quickly, we were having lots of fun.

But can't say that for the I-751 stage, that created a lot of panic around here.

[Pitaya 2,577]

My name is Billy and my now wife and her son came here in December on a K-1 and K-2 Visa. I will be filing my I-485 within the next few weeks also. I plan on sending all paperwork with the exception of the I-765 as from reading I can file this separately and as long as I get the I-797C receipt of the I-485 documenation. I know that by filing the I-765 will process more quickly than the I-485 as you have no clue as to when that paperwork and interview will take place. By filing the I-765 along with the reciept I-797C there will no no additonal fees when filed. I hope this helps, cause that is what I'm going to do.

It is my impression that there is little advantage to "staggering" the EAD/AP applications mailing. If you send all of the applications together it is a done deal. Hence the rationale mentioned in the Guides. If you mail them in separately you have to wait to receive the I-797c receipt for the AOS (I-485) application, and then have to send in with your EAD application.

When we submitted my wife (K-1) and son's (K-2) AOS packets (EAD and AP apps included), they got six (6) I-797c application receipts, 1 @ for I-485, I-765, I-131 (AOS, EAD, AP) per person, approximately two weeks after submission. They received their EAD/AP combo cards 69 days after submission of application (check our timeline for details).

YMMV

Good luck.

[belinda63 3,038]

Once the packet is received it is treated as three separate applications, pending the I-485 not having any serious issues. The EAD usually takes about 60-90 days to receive. There is no advantage to sending it after the NOA-1 for the I-485 since they will have to verify the I-485 does not have any major problems.

[bdfuller 0]

Wow thank you everyone for all of the wonderful information!! You are all helping me in my panic here... I will send everything together in one packet.

Last question, I promise. Should we file the form 131? We do not have any specific plans to leave the country until next August, although I don't want my husband to feel like he's "trapped" in the US!!

THANK YOU a million times over for taking the time to answer my questions everyone.

[Lainie B 465]

Wow thank you everyone for all of the wonderful information!! You are all helping me in my panic here... I will send everything together in one packet.

Last question, I promise. Should we file the form 131? We do not have any specific plans to leave the country until next August, although I don't want my husband to feel like he's "trapped" in the US!!

THANK YOU a million times over for taking the time to answer my questions everyone.

Yes absolutely you should file I-131. You don't need to have any specific plans to leave the US in order to file. If you don't file it he could be stuck in the US for up to a year while waiting for the green card.

[Pitaya 2,577]

Wow thank you everyone for all of the wonderful information!! You are all helping me in my panic here... I will send everything together in one packet.

Last question, I promise. Should we file the form 131? YES! We do not have any specific plans to leave the country until next August, although I don't want my husband to feel like he's "trapped" in the US!!

THANK YOU a million times over for taking the time to answer my questions everyone.

The VJ Guides recommend that you file for the I-765 (EAD) AND the I-131 (AP) at the same time as the rest of your AOS applications/paperwork. There are no additional fees associated with concurrent filing of the I-131. There are several forum threads about folks not filing for AP concurrently with the AOS and EAD, only to later have a family emergency arise necessitating the need international travel, and requiring them to make an InfoPass appointment and applying for an emergency AP document. Additionally, AOS processing times are all over the board, sometimes over a year (or more). No sense in painting yourself into a corner...eh?

Good luck.

Edited January 8, 2014 by A&B