EAD with AOS (poverty guideline is not reached)

[stm 61]

When applying for AOS, after K-1 and marriage, If there is probably a RFE about AOS because of not meeting the 125% of poverty guideline, Can they at least get a work authorization even if AOS is denied?

Any one had been in such case ?
Because a s I know the AOS and EAD are different process !!

Please Let me know if anyone have experienced this or know an answer!!!
I know that having a co-sponsor is more relaxing about it...I just want to get a reply exactly about the question
Thanks in Advance

[geowrian 22,338]

Possibly. You can get an RFE/RFIE either before or after the EAD is approved. Normally, they tend to issue an RFE/RFIE for the I-864 fairly quickly.

[Unlockable 7,315]

Yes, a person can get a RFE for not meeting the poverty guideline.

 

Yes, usually the EAD is issue while the AOS is being processed. So the beneficiary can work during that time. However, if for some reason the AOS is flat out denied, then it may have an effect on the EAD. 

[stm 61]

42 minutes ago, geowrian said:

Possibly. You can get an RFE/RFIE either before or after the EAD is approved. Normally, they tend to issue an RFE/RFIE for the I-864 fairly quickly.

I really have to think about it,, or 'ill maybe have some money in the savings to cover the difference of income... It will be hard to get a co-sponsor, so that is a problem ....
What i want to do , is apply, get the EAD, and when I have officially an income I apply using my income too or by saving money and have it in the account and then re-apply for AOS

[stm 61]

57 minutes ago, NuestraUnion said:

Yes, a person can get a RFE for not meeting the poverty guideline.

 

Yes, usually the EAD is issue while the AOS is being processed. So the beneficiary can work during that time. However, if for some reason the AOS is flat out denied, then it may have an effect on the EAD. 

Euh, I really need to see if that is possible,, Or there is a way to let the AOS takes longer until i Get EAD, then, i can help about the income :/

[geowrian 22,338]

2 minutes ago, stm said:

I really have to think about it,, or 'ill maybe have some money in the savings to cover the difference of income... It will be hard to get a co-sponsor, so that is a problem ....
What i want to do , is apply, get the EAD, and when I have officially an income I apply using my income too or by saving money and have it in the account and then re-apply for AOS

I understand what you want to do, but that's not the process or else everybody that didn't meet the financial requirements would do that.

 

Edit: I'm not sure what you mean by "reapply for AOS". If you need to reapply for AOS, then your original AOS would need to be denied first. An EAD obtained via the I-485 is no longer valid if the underlying I-485 is denied.

Edited May 22, 2017 by geowrian

[stm 61]

2 minutes ago, geowrian said:

I understand what you want to do, but that's not the process or else everybody that didn't meet the financial requirements would do that.

 

Edit: I'm not sure what you mean by "reapply for AOS". If you need to reapply for AOS, then your original AOS would need to be denied first. An EAD obtained via the I-485 is no longer valid if the underlying I-485 is denied.

Re-apply, means, AOS is denied, and i restart the process again.

If AOS denied means, EAD is denied too ? are you sure about this? I mean if get it , and then receive denial of AOS, then the EAD will not be valid anymorE?

[geowrian 22,338]

2 minutes ago, stm said:

Re-apply, means, AOS is denied, and i restart the process again.

If AOS denied means, EAD is denied too ? are you sure about this? I mean if get it , and then receive denial of AOS, then the EAD will not be valid anymorE?

Gotcha.

 

Yes, I'm certain of it. If your I-485 is denied then both AP and EAD that were obtained via it are also no longer valid (they aren't "denied", but they aren't usable anymore). They are both issued to cover the period while your AOS is pending.

Edited May 22, 2017 by geowrian

[stm 61]

1 minute ago, geowrian said:

Gotcha.

 

Yes, I'm certain of it. If your I-485 is denied then both AP and EAD that were obtained via it are also no longer valid (they aren't "denied", but they aren't usable anymore). They are both issued to cover the period while your AOS is pending.

Understood,, thanks for the information...I need to fix it another way then..Euh, it is hard, i am missing my love, and I don't want her to have 2 jobs to meet the giudline,,,:( Ouuf 

[geowrian 22,338]

Just now, stm said:

Understood,, thanks for the information...I need to fix it another way then..Euh, it is hard, i am missing my love, and I don't want her to have 2 jobs to meet the giudline,,,:( Ouuf 

Yes, it is hard. I wish you good luck!