WORKING IN AMERICA;AOS

[ACORAZADA 1]

Good Morning everyone!!!

I am preparing for the next phase of the K-1 Visa process after marriage. I am the petitioner and I was confused and I am hoping that I can get some clarity.

1. How soon can my fiancé soon to be husband file for Employment Authorization is he able to work during the AOS phase?

2. I have been reading a lot of the forums here and It seems that at times when you file Form I-485 and the Employment Authorization you receive the approval for the I-485 before the employment authorization my question is do I have to file for the employment Authorization and pay the separate fee as well? I don’t want to pay if I do not have to it’s a lot of money .

Thank you in advance for all the help

[Anh map 2,098]

When filing for the adjustment of status there is no fee for concurrently filing for the EAD. No reason not to file both.

[abby12 13]

Getting the EAD before the green card can happen.....or getting the green card almost at the same time, like in my case, I got my EAD in early january and a week later I received the notice for the interview in mid February, and got my green card at the end of the same month. With my EAD in hand I got my driver's license at the end of january.

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But there are many cases where an interview waiver is sent, and that means that the green card would arrive, maybe, between 4 to 10 months even without a RFE, and I have seen cases where people had to refile or extend the EAD because of the long wait.

If you don't file the EAD and then get an interview waiver, then you will have to pay additional fee for the EAD while waiting for the green card or interview. I know the fees can be a lot, but don't take any chances. Your husband will be able to work in about 2 months after the application.

Good luck!