K1 work help!

[Lainie B 465]

This is my Second trip through this, and I just checked and things have not changed.

You can file for permission too work separately from Adjustment Of Status. It costs $380.00. Later you can file for an AOS and the cost is $1,070 or there about so you will be paying more by going that route.

Good luck........

That type of EAD will expire on the day of the I-94, 90 days after entry. It is practically useless.

[Avery Cates 1,141]

This is my Second trip through this, and I just checked and things have not changed.

You can file for permission too work separately from Adjustment Of Status. It costs $380.00. Later you can file for an AOS and the cost is $1,070 or there about so you will be paying more by going that route.

Good luck........

That's great, if they want to throw money away.

Literally right at the top of the EAD guide:

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 your 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".

[aaron2020 11,651]

This is my Second trip through this, and I just checked and things have not changed.

You can file for permission too work separately from Adjustment Of Status. It costs $380.00. Later you can file for an AOS and the cost is $1,070 or there about so you will be paying more by going that route.

Good luck........

Why on earth would the OP want to get the EAD separately from AOS?

It cost $380.

It takes 90 days to get.

It expires when the I-94 expires.

Once the K-1 overstays and does not file for AOS, the EAD becomes invalid.

This is why the smart advice is not to bother with getting the EAD alone on a K-1 status.

[SunflowerSweet 1,321]

This is my Second trip through this, and I just checked and things have not changed.

You can file for permission too work separately from Adjustment Of Status. It costs $380.00. Later you can file for an AOS and the cost is $1,070 or there about so you will be paying more by going that route.

Good luck........

This is pretty bad advice. Like others mentioned, the ability to work expires when the I-94 does, so by the time it's issued it will most likely be useless. Also, it's extremely misleading to say you pay more in the by doing it along with AOS. If you do it seperately you pay for the $380 for EAD and then will STILL have to pay the same $1,070 down the line in order to get the GC and avoid being out of status. Doing it all with AOS means you just pay the $1,070 once and get it over with. $1070 is less than $1450, even if it's up front. Best way is to find a way to scrape the cash together and pay off AOS right away, although OP probably should have prepared better as it's not a surprise fee, it has always been something they would eventually need to do..

[joesteadman1 3]

Thank you all for your help. Sorry about the duplicate threads...
I have managed to get hold of the money and I will be going through the paperwork today.
It's so annoying, I just want to start living her properly!

[Dashinka 24,635]

If not an illegal status, then what's the person's status between the time the I-94 expires and AOS is filed for? Limbo status is not a choice. It's either legal or illegal.

Dude, a K-1 visa overstay who is here past the 90 days is here illegally. Meeting the K-1 requirements by marrying within 90 days is not a legal status. A K-1 who marries outside the K-1 requirements and overstays is in the exact same position as the K-1 who marries within 90 days and overstays.

Ok I will concede the black and white (legal vs illegal), however I have a hard time equating someone who is married to a USC with an expired I94 to someone who doesn't marry and overstays the I94. One has the ability to adjust at any point and become an LPR, the other if found will be deported and tagged with an overstay on the USCIS record. Although I recommend filing the AOS as soon as you can, there are plenty of examples of people not doing that and adjusting just fine at a later

[aaron2020 11,651]

however I have a hard time equating someone who is married to a USC with an expired I94 to someone who doesn't marry and overstays the I94. One has the ability to adjust at any point and become an LPR, the other if found will be deported and tagged with an overstay on the USCIS record.

Both would be here illegally as K-1 visa overstays.

The one that marries the K-1 petitioner can have his/her overstay forgiven by filing for AOS. The one that doesn't marry has no path to a green card.

There is no way to equate the two. Both are here illegally. The difference is that one can have a path to a green card while the other does not . . . all due to a marriage to a USC. US citizenship has some privileges.

Edited January 12, 2016 by aaron2020

[Avery Cates 1,141]

Thank you all for your help. Sorry about the duplicate threads...

I have managed to get hold of the money and I will be going through the paperwork today.

It's so annoying, I just want to start living her properly!

That's good to hear.

[joesteadman1 3]

I'm going through the forms and do I have to file an affidavit of support again considering I filed one during the K1 application?

[yuna628 9,687]

I'm going through the forms and do I have to file an affidavit of support again considering I filed one during the K1 application?

As per the guides, yes you need to have your spouse (primary sponsor) file an I-864 with the AOS application and provide the supporting evidence as the instructions require. If you require a joint sponsor, the primary sponsor and the joint sponsor must each file an I-864 in the packet with their supporting evidence.

This support form is very different and more in-depth from the I-134 support form that was filed during K1 time.

Edited January 13, 2016 by yuna628