Applying for EAD card on K-1 Visa (pre-AOS)

[queentobe 0]

Hi all,

I'm new to Visa Journey and am hoping somebody out there with personal experience can help answer my question.

I was wondering if anybody has applied for their work authorization directly after entering the states on a K-1 visa? I know it is generally ill advised as you apply with your AOS anyways, but I would love to hear from anybody who did it. The last time I applied for an EAD was on my F-1 and it was processed within a month, so I was thinking of paying the additional $380 to process it right away as I would like to get back to working sooner than later.

If you have any experience with this, I would love to get a sense of your timeline and find out what your experience was doing it this way, as opposed to filing with your AOS.

Look forward to hearing from you.

Thanks.

- T

Edited June 3, 2015 by queentobe

[VOL 425]

Interesting. That would be a great plan for someone who didn't want to adjust status and wanted to work to earn some money.

[queentobe 0]

Interesting. That would be a great plan for someone who didn't want to adjust status and wanted to work to earn some money.

Just to be clear, I WOULD like to file for adjustment of status. The only reason I am asking this is because my fiance and I plan to marry in the third month and plan to file for AOS immediately thereafter. I was just hoping to get work authorization out of the way first, to optimize our time and then file for an extension when we submit my AOS. Aside from it being more expensive, I am curious to know if/how this worked out for anyone.

[Cody and Daisy 373]

Your EAD which does take 30-90 days to process would only be valid for the duration of your 90 days stay.

A k1 is a one time entry, it's not like other visas.

You'd be wasting your time.

Just apply with AOS.

[VOL 425]

Just to be clear, I WOULD like to file for adjustment of status. The only reason I am asking this is because my fiance and I plan to marry in the third month and plan to file for AOS immediately thereafter. I was just hoping to get work authorization out of the way first, to optimize our time and then file for an extension when we submit my AOS. Aside from it being more expensive, I am curious to know if/how this worked out for anyone.

I understand, my post wasn't directed to you, it was in general.

I have also seen people who take many months or even years to file for AOS due to various reasons.

I would like to know the ease or success of filing for EAD and AP before applying for AOS also.

[HK12 273]

What Cody & Daisy said. The type of EAD you are referring to takes up to 90 days to be processed but is only valid for 90 days after entering the U.S., which practically makes it obsolete. At best, you would be able to use it for a couple of weeks or days. I suggest you wait and apply for an EAD concurrently with your AOS. It will be free of charge then and valid for a year (or until you get your Green Card).

[queentobe 0]

Your EAD which does take 30-90 days to process would only be valid for the duration of your 90 days stay.

A k1 is a one time entry, it's not like other visas.

You'd be wasting your time.

Just apply with AOS.

What Cody & Daisy said. The type of EAD you are referring to takes up to 90 days to be processed but is only valid for 90 days after entering the U.S., which practically makes it obsolete. At best, you would be able to use it for a couple of weeks or days. I suggest you wait and apply for an EAD concurrently with your AOS. It will be free of charge then and valid for a year (or until you get your Green Card).

Thanks guys! The insight is greatly appreciated. I

If anybody took the chance and applied pre-AOS, I would still love to hear about it.

I understand, my post wasn't directed to you, it was in general.

I have also seen people who take many months or even years to file for AOS due to various reasons.

I would like to know the ease or success of filing for EAD and AP before applying for AOS also.

Got it!

[NigeriaorBust 4,087]

It is a losing proposition, your EAD is tied to the authorized stay and it is the 90 day period that your K1 is valid for , even if someone paid the money to get the EAD the period of employment that it would authorize would also be that initial 90 days. IF you were lucky enough to get it in a month after filing you would have 60 days that you could work then you would have to stop. No company of any decent size is going to hire a 60 day employee. Most people here aren't so flush with disposable money that they would throw it away filing for this EAD.

[VOL 425]

JFK used to give EAD stamps when entering USA on K1's just a few years ago......

[Zedayn 485]

I was just hoping to get work authorization out of the way first, to optimize our time and then file for an extension when we submit my AOS. Aside from it being more expensive, I am curious to know if/how this worked out for anyone.

If you applied for your EAD the day you arrive on your K-1 visa, you just might be allowed to work a week or 2 before it expires. You cannot file for an extension of the K-1 EAD because it is non-renewable. You need to apply for a NEW EAD after your AOS and wait another 60 to 90 days for it to arrive.

EAD based on K-1:

• $380
• Valid only until your I-94 expires
• Non-renewable

EAD based on AOS:

• Fee waived
• Valid for one year after issue
• Renewable

[NigeriaorBust 4,087]

JFK used to give EAD stamps when entering USA on K1's just a few years ago......

Which had the same restrictions when they were valid and during the last years weren't valid at all. Now no one issues them so it is of no help.

[queentobe 0]

It is a losing proposition, your EAD is tied to the authorized stay and it is the 90 day period that your K1 is valid for , even if someone paid the money to get the EAD the period of employment that it would authorize would also be that initial 90 days. IF you were lucky enough to get it in a month after filing you would have 60 days that you could work then you would have to stop. No company of any decent size is going to hire a 60 day employee. Most people here aren't so flush with disposable money that they would throw it away filing for this EAD.

Thank you so much for sharing your insight regarding the EAD! As someone who freelances and works as a sub-contractor, I would like to correct your statement that "no company of a decent size is going to hire a 60 day employee". That is not true at all. Companies of all sizes in my industry hire people on a daily, weekly and monthly basis all the time, so please don't make such gross generalizations if you are not familiar with the world of freelancing.

If you applied for your EAD the day you arrive on your K-1 visa, you just might be allowed to work a week or 2 before it expires. You cannot file for an extension of the K-1 EAD because it is non-renewable. You need to apply for a NEW EAD after your AOS and wait another 60 to 90 days for it to arrive.

EAD based on K-1:

• $380
• Valid only until your I-94 expires
• Non-renewable

EAD based on AOS:

• Fee waived
• Valid for one year after issue
• Renewable

Thanks for calling that out Zedayn! I just re-read the instructions on the USCIS site and saw that. I don't know how I came to the conclusion that you could file for an extension, but I was obviously mistaken.

Thanks everyone for your input. I think the decision is obviously an easy one now.

Edited June 3, 2015 by queentobe

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related processes~

[KayDeeCee 4,893]

I would like to know the ease or success of filing for EAD and AP before applying for AOS also.

Cannot apply for AP before AOS.

You can easily and successfully apply for EAD using category (a )(6 ) as a K-1 entrant. However, it is a complete waste of $380. Zedayn pointed out the reasons why in this thread already.

[raven52 233]

After my wife and I were married we applied for AOS, and the EAD/AP card came as a "combo" card, and both for the price of the AOS, if you file later for either, in my opinion, you would have to

pay extra, if you only applied for an EAD or an AP card separately.

It was about 80-90 days, until she got her EAD/AP card, and about 2 more months for her 2 yr. GC. These dates are approximate.