After marriage...

[ddpj85 2]

I know after we're married we need to file an adjustment of status but money is tight right now. Can we file for a work visa after we're married and then file AOS after the money is saved up? Or do you have to do AOS and Work Visa at the same time?

[Ash.1101 1,756]

It's not a work visa, it's just an employment authorization.

If you do it while the K1 visa is still good (90 days from entry into the US) the EAD will ONLY be good until the 90 day mark. It will expire the same day your fiance visa I-94 expires/90 days after she entered the US). You will also have to pay the fee for EAD, there is no fee if you file EAD -with- AOS though, but if you ONLY file for EAD, you will have a fee to pay.

After that, you have no legal status in the US. To maintain legal status, you need to AOS and do another application for EAD since the other will expire the same day the I-94 expires.

Once you receive your NOA1 from the AOS acknowledging they've recieved the packet and such, you will be back in legal status. From that point, you just have to wait until EAD is approved. EAD usually takes 60-90 days for approval, but as long as you apply for EAD -with- the AOS packet, the EAD will be good for a year.

If she entered the country August 21st, then the EAD you would apply for would expire on Nov 18th, assuming you even get approved before then.

Some people do wait to AOS a few months after K1 due to finances, but the downside of it, is that the foreign fiance can't work which makes finances even harder.

Just remember, your fiance won't be able to do much of anything without AOS'ing. No driving (because of no liscense), no job, no nothing.

Edited September 19, 2015 by Ash.1101

[Pitaya 2,577]

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

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

~Inquiry about AOS and associated processes~

[steve n songsang 45]

also, if you file for I-765 only you will have to pay to file, with AOS, I-765 and I-131 are free as part of the AOS package.

[KayDeeCee 4,896]

It is a waste of money to pay $380 for the EAD you can apply for based on K-1 eligibility. It takes 60-90 days to receive an EAD and that category of EAD((a )(6 )) will only be valid as long as your I-94 is, which is 90 days after entry. Even if you somehow had time to find a job and work, you would have to stop working when the EAD expired. It is not renewable.

The fees for the I-765 and I-131 are waived with a pending I-485, so if you are strapped for cash, then paying only the one $1070 fee is better for you than paying $380 and then another $1070 fee. The EAD you receive as an adjustment applicant, category (c )(9 ), is valid for a year and is renewable, also for free, should you need to do so before getting your green card.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.