Work Authorization between wedding and AOS

[Namquestion 0]

My K1 fiance unexpectedly received an interview offer after only 2 weeks in the country. We plan on filing for the EAD Form I-765 immediately. However, processing times for this visa take up to 90 days, and it expires after your first 90 days in country. This leads most websites/articles to recommend forgoing this ($380) temporary work authorization form and just waiting until the wedding to apply for work authorization. However, applying for AOS with the I-765 form after the wedding will mean that there is another 90 days after the wedding while waiting for the second EAD approval. My question is; is there some kind of possibility of extending the EAD past those first 90 days to cover the period between the wedding and the next 90 days it takes to process the AOS and second I-765?

I greatly appreciate anyone offering advice who has experience with this tricky grey zone between the two work authorizations.

[Pitaya 2,577]

~Moved from K1 Process to Working and Traveling During US Immigration Forum~

~Inquiry about EAD, past K1~

(mod hat off)

If the alien spouse wants to legally work after getting married, and obtaining a SSN, but prior to AOS processing, they can file for a 90-day EAD [Eligibility category (a)(6)] and pay the associated fee. It is non-renewable.

1. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ( c)(9).

REF: Page 5, https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

When filing for AOS/EAD/AP concurrently, there are no associated fees with the EAD/AP [Eligibility category ( c) (9)]. Current EAD/AP processing time are between 60-90 days. REF: https://www.uscis.gov/i-485 . You have to use the correct eligibility category when filing for the EAD. That is the reason most people forego getting the 90-day EAD.

Good luck on your immigration journey.

Edited February 15, 2016 by Pitaya

[Boiler 44,852]

If work authorisation is a biggie, K1 is not the best option.

Having said that the quickest route with a K1 is to marry asap after entry and file immediately, may come in less than 90 days.

[belinda63 3,020]

No once the first EAD expires (at the same time as the I-94) there is no way to extend it nor any other work authorization he could apply for except in conjunction with the AOS.

[Namquestion 0]

If work authorisation is a biggie, K1 is not the best option.

Having said that the quickest route with a K1 is to marry asap after entry and file immediately, may come in less than 90 days.

If work authorisation is a biggie, K1 is not the best option.

Having said that the quickest route with a K1 is to marry asap after entry and file immediately, may come in less than 90 days.

Thanks...work authorization is not a biggie, it's just that an opportunity arose and so we wondered about it. It's a bit odd to even offer the temporary work authorization, given the processing times associated, it seems.

[ryna 132]

My K1 fiance unexpectedly received an interview offer after only 2 weeks in the country. We plan on filing for the EAD Form I-765 immediately. However, processing times for this visa take up to 90 days, and it expires after your first 90 days in country. This leads most websites/articles to recommend forgoing this ($380) temporary work authorization form and just waiting until the wedding to apply for work authorization. However, applying for AOS with the I-765 form after the wedding will mean that there is another 90 days after the wedding while waiting for the second EAD approval. My question is; is there some kind of possibility of extending the EAD past those first 90 days to cover the period between the wedding and the next 90 days it takes to process the AOS and second I-765?

I greatly appreciate anyone offering advice who has experience with this tricky grey zone between the two work authorizations.

I don't know what line of work he is in, but his best bet would be to negotiate a delayed start date, if at all possible. I realize that there is a risk of having the offer rescinded but, since you haven't yet filed for the non-AOS EAD, and he won't (legally) be allowed to work until the $380, temporary EAD is approved, the employer is going to have to wait some amount of time, no matter what. It's better to file the AOS-included EAD ASAP after getting married and be upfront with the employer regarding his work authorization timeline, IMO.

[ryna 132]

Thanks...work authorization is not a biggie, it's just that an opportunity arose and so we wondered about it. It's a bit odd to even offer the temporary work authorization, given the processing times associated, it seems.

Yeah, the pre-AOS EAD is pretty much worthless for a K-1. The way I understand it, it's really for other classes of non-immigrant visas that have a longer duration than the K-1's 90 days, but USCIS will gladly accept K-1 money as well! Even if you were to send in the papers directly from the POE, and with a quick, 2-month turnaround, he'd have one month max of work authorization and be forced to sit out again until the second, included w/AOS EAD was processed (in the same 2-3 month window.)

[Namquestion 0]

Thanks for the advice everyone! It seems we will request a delayed start date.

[Boiler 44,852]

Used to be that you could get a stamp at the Airport or the card within a few weeks and then it made sense.

[baron555 934]

My question is; is there some kind of possibility of extending the EAD past those first 90 days to cover the period between the wedding and the next 90 days it takes to process the AOS and second I-765?

No

[LionessDeon 2,060]

http://www.visajourney.com/content/k1k3ead

1. 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)

It explains it a bit in the above link in the EAD guide

[IcezMan_IcezLady 582]

You have only two options as others have told you.. You either get a temporary one which will expire with the K-1 visa so you probably have less than 90 days.

The second is get married and file for AOS with EAD.. You would probably be moving up in the queue had you started at least one of the two.

it is best to research things or at least look at the guide here to see the sequence of things before you take the leap especially when there are rules and regulations involved.