Is I-765-EAD/Work Permit valid for only 90 days? If so, does my wife have to wait for the Green Card to begin working?

[kthruelsen 2]

Hey there all,

So I have been reading a bunch of conflicting information on visajourney and the web. I understand that in order to work, a new wife/husband in the US will have to file an I-765 with the USCIS to receive a work permit. I have also read that this permit is only valid for the first 90 days of living in the US and may not even be ready in time, thus leaving the applicant out by $380.

If this is true, are there other options to get the spouse working while the AOS is going through? Or are we totally SOL and have to wait months and months for the green card to get approved?

Many thanks again,

~Kevin

[Dohan 133]

The information you have been given is absolutely wrong simply because your fiancee does not automatically get an EAD for the first 90 days. When you file AOS for her, you apply for EAD at the same time, it takes approximately 90 days for her to receive the EAD, meaning be prepared that potentially she will not be able to work for the first 3 months. She does not need her GC to work, only the EAD.

Edited January 17, 2015 by Dohan

[icv21 110]

Hiii, so what you read does not apply for AOS.

When you file AOS you can also file for EAD and AP and it's free with AOS once they receive the forms it takes a maximum of 90 days for it to be approved and your document has a duration of 1 year.

I edit: for example we filled in September and my EAD took 72 days to be approved, for some people take less time others more.

Edited January 17, 2015 by IRIScv

[Pheebs1201 269]

I think the confusion may have also, in part, come from the following. You can apply for EAD prior to submitting AOS for the 90 days your fiance is given to be in the US and marry you upon arrival. However, as this is a process which TAKES 90 days, this is effectively pointless as they day you received the card, it would effectively have already expired.

So the more sensible option of course is to file the EAD when submitting the AOS package, which will then provide you with renewable work permits until the GC comes through, as it has no relevance to the afore mentioned initial 90 day period.

Hope that makes sense and has cleared things up a bit.

[Hypnos 6,578]

A little confusion here.

A K-1 is entitled to an EAD immediately upon entry, but it is only valid for 90 days and will usually take about 90 days to process, and you have to pay the application fee. This means that when you receive it it has either already expired or will do so in a matter of days, so it's essentially worthless.

Once the K-1 files for AoS however, it's a different story. You can then file for an EAD based on the adjustment - not the K-1 - and not only is there no extra charge for doing so, this EAD will be valid for one year (instead of 90 days), and can be renewed for as many times as is necessary by USCIS' delayed processing times - for no additional charge each time.

For this reason you should forget about an EAD upon entry and instead only file for an EAD once you are also filing for adjustment.

Edited January 17, 2015 by Hypnos

[kthruelsen 2]

Many thanks everyone, this definitely cleared things up. With regards the EAD via the AOS, when it's approved do you get it sent to you via official mail?

[Hypnos 6,578]

Yes, USPS Priority Mail. The same for your green card.

Edited January 17, 2015 by Hypnos

[Pitaya 2,577]

Many thanks everyone, this definitely cleared things up. With regards the EAD via the AOS, when it's approved do you get it sent to you via official mail?

USPS Priority Mail.

Edited January 17, 2015 by A&B