EAD/AOS Question

[sbooth 0]

Hi All,

I have a question regarding filing for work authorisation and hoping someone may be able to help.

I have a job offer and will be looking to expedite the EAD issuance once I've filed for it.

I know that usually, the EAD takes 90 days so most wait until they get married to file for it (plus avoid double paying), but my question is if I am expediting the EAD process (and don't really want to rush my wedding) would it be better to file for EAD immediately and then AOS separately once we get married?

This way i can get the EAD under way as soon as i get to the US, and not have to go and get married in a rush so that I can work.

If i get the EAD before getting married do I need to apply for a different one once I am married? That's where my confusion lies really.

Any help much appreciated!!

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Questions are about that stage of the journey

Edited September 14, 2016 by Celeste & C

[jmayers89 2]

The EAD you would apply for straight away would only be valid for the 90 days you have to get married. As such even if expedited it would expire 90 days after you entered the country and you would then have to reapply when you get married with you AOS application. Doesn't seem worth while to me.

[Merrytooth 5,748]

Your EAD based on K1 visa before marriage will only valid till the I-94 expiration date and you need to pay the fee $380.

Then after marriage, you have to file EAD based on C(9) Pending Adjustment of Status under Section 245 of the Act which free as part of AOS.

So if you do not get the new EAD in the timely manner, you have to stop working.

Whether it is worth the hassle, money or stress, you can decide for yourself.

General Advice here is to get married asap, file AOS package as quickly as possible, and ask expedite of EAD based on job offer.

[TheCoder 7]

i am not 100% sure

but K1 visa holder has to get married within 90 days then adjust status.

your EAD will be based on your marriage based AOS.

so without the AOS application your have no bases to file for EAD as a K1 visa holder?

[Merrytooth 5,748]

i am not 100% sure

but K1 visa holder has to get married within 90 days then adjust status.

your EAD will be based on your marriage based AOS.

so without the AOS application your have no bases to file for EAD as a K1 visa holder?

You can file EAD under category (a)(6), K-1 Nonimmigrant Fiance(e) of U.S. Citizen

But you have to pay $380 filing fee and the EAD is only valid till the I-94 expiration date.

Not really worth it since EAD processing will taking about 60-90 days.

[gregcrs2 1,778]

As others have stated, the EAD would expire when the I-94 expires. It would be a waste of money.