Employment authorization after arrival of Fiance

[Neferure 18]

Hi all,

Wondering if anyone can help me out with the topic of Employment Authorization (EAD).

My fiancé recently arrived in the U.S. and our wedding is not until March 28th. He would like to start working ASAP. We are considering filing for EAD now, but if you file it with your Adjustment of Status (AOS) after the wedding, there would be no extra fee. It also looks to me from looking at the USCIS site that he wouldn't be able to file an EAD until we file the AOS anyway.

Another interesting thing to me is that we already filed for his Social Security number and on the paper they gave him to sign, it stated that he would be eligible to work. But then it said on the letter they gave him that employment had to be approved through the Dept. of Homeland security. So, I'm thinking this means he can't work and would need the EAD even if the SS office said he can work. Anyone familiar with this???

[baron555 934]

Yes that SS statement means he needs the EAD or the GC to work. Once he gets the GC you go to the SSA office and they'll order a new card without that statement

[KayDeeCee 4,893]

If you file for the EAD now, then it will cost $380, and it will expire when the I-94 does. It takes around 90 days to receive the EAD, so it is a waste of money, as you would have no time to actually be employed using it. File for AOS along with the EAD and AP as soon as you marry and have your marriage certificate from the court. The fees for the EAD and AP forms are waived when filed with the I-485, and the EAD will be good for a year and can be renewed for free if you still have not received your green card before then.

You must have the EAD or green card along with the SSN in order to work.

~ Moved from K-1 Process to Working and Traveling During US Immigration - topic about working, not K-1 process ~

Edited March 6, 2014 by Jay-Kay

[Neferure 18]

If you file for the EAD now, then it will cost $380, and it will expire when the I-94 does. It takes around 90 days to receive the EAD, so it is a waste of money, as you would have no time to actually be employed using it. File for AOS along with the EAD and AP as soon as you marry and have your marriage certificate from the court. The fees for the EAD and AP forms are waived when filed with the I-485, and the EAD will be good for a year and can be renewed for free if you still have not received your green card before then.

You must have the EAD or green card along with the SSN in order to work. If working

~ Moved from K-1 Process to Working and Traveling During US Immigration - topic about working, not K-1 process ~

Thanks for the replies...

Jay-Kay, what is the AP form? I did read to file the EAD with the I-485, but not familiar with what AP is? (My fiancé was put on AP - administrative process - with the embassy.... is this something similar or ?)

[Girl from Celebes 588]

Thanks for the replies...

Jay-Kay, what is the AP form? I did read to file the EAD with the I-485, but not familiar with what AP is? (My fiancé was put on AP - administrative process - with the embassy.... is this something similar or ?)

Nope. AP is advance parole in case after you are both married, your spouse needs to leave the US for an emergency thing before he has the green card. AP is allowed him to re-entry to the US.

edit:

Here the link is:

http://www.uscis.gov/i-131

Edited March 6, 2014 by Girl from Celebes

[aussie_jason 195]

AP is the I-131 form

[sweetswinks 400]

Forgive me if I am wrong. How did you get an SS before your marriage?

You said your wedding is March 28th. I thought we needed the marriage certificate to apply for SS, EAD and AOS?!

Hi all,

Wondering if anyone can help me out with the topic of Employment Authorization (EAD).

My fiancé recently arrived in the U.S. and our wedding is not until March 28th. He would like to start working ASAP. We are considering filing for EAD now, but if you file it with your Adjustment of Status (AOS) after the wedding, there would be no extra fee. It also looks to me from looking at the USCIS site that he wouldn't be able to file an EAD until we file the AOS anyway.

Another interesting thing to me is that we already filed for his Social Security number and on the paper they gave him to sign, it stated that he would be eligible to work. But then it said on the letter they gave him that employment had to be approved through the Dept. of Homeland security. So, I'm thinking this means he can't work and would need the EAD even if the SS office said he can work. Anyone familiar with this???

Edited March 6, 2014 by sweetswinks

[KayDeeCee 4,893]

Thanks for the replies...

Jay-Kay, what is the AP form? I did read to file the EAD with the I-485, but not familiar with what AP is? (My fiancé was put on AP - administrative process - with the embassy.... is this something similar or ?)

AP in this case is Advance Parole. You can file the I-765(EAD) and I-131(AP) along with the I-485 and the fees for those 2 forms are waived. EAD is for working and the AP is if you need to leave the US for any reason before the green card is approved. AP allows you to re-enter the US. When filed together, one typically receives an EAD/AP combo card.

http://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers

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

Forgive me if I am wrong. How did you get an SS before your marriage?

You said your wedding is March 28th. I thought we needed the marriage certificate to apply for SS, EAD and AOS?!

You do have to be married already before filing for AOS.

You do not have to wait until you are married to apply for an SSN. It is possibly better to apply before you are married in your maiden name. Sometimes SSA workers have no clue about immigration or their jobs and tell people they cannot get an SSN with the K-1 if they are already married. You can always change the name on the SSN later after you get your EAD in your married name.

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

[r and m 0]

hi how are you i emailed you

[Pitaya 2,577]

Thanks for the replies...

Jay-Kay, what is the AP form? I did read to file the EAD with the I-485, but not familiar with what AP is? (My fiancé was put on AP - administrative process - with the embassy.... is this something similar or ?)

http://www.uscis.gov/i-485