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nadjaj

Should we apply for EAD/AP on k1 before civil ceremony?

By nadjaj in Adjustment of Status Case Filing and Progress Reports

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nadjaj Apprentice

nadjaj   0

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Filed: Country: Ireland
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Hi everyone. Sorry if this has been covered before. My fiance has arrived in the US and we are getting a bit confused about the order in which we should apply for the EAD/AP. We are concerned that if we apply now and pay all the fees, that after we get married (in the next few weeks) we will have to pay again when we file the i485.

Can anyone confirm the order that they did this, and if we should apply for the EAD/AP combo card before we get married or just do it along with the AOS? Thank you.

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Apply concurrently when you file the I-485. There is no point applying now, since you will pay the fee and it will likely have expired before you receive it. There is no fee when you file with or after an I-485.

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
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15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
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299 (2/16/13) Received second interview letter for 3/8
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Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Amhara Proficient

Amhara   460

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Filed: Citizen (pnd) Country: Afghanistan
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You can, in theory, apply for the EAD before you file for AOS; however, like Hypnos said, you will pay for those forms separately, when you can apply without paying another fee during or after filing for AOS.

In reality, if you apply for EAD/AP (non-expedite) you will wait 2.5 months to get them and they are only good for the 90 days the I-94 shows - so you might be able to send in one or two job application before the EAD expires!



Signature coming soon...

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LionessDeon Experienced

LionessDeon   2,060

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Filed: AOS (apr) Country: Jamaica
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Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

2. At the same time as filing for AOS. As a K-1 holder filing for Adjustment of Status (AOS) you are eligible to file for an EAD at the same time. Your EAD packet can be filing along with your AOS packet and mailed together. You will file as category ©(9), "adjustment applicant". (Where to file: mail only - with AOS packet)

This is from the Guides tab.

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