is it better to file together or separate???

[sunset2005 0]

i was informed by another vj member about filing the AOS/EAD separately, there might be an advantage. Is it best to file these forms separately?? Plz help.

[Laura_and_IanM 0]

i was informed by another vj member about filing the AOS/EAD separately, there might be an advantage. Is it best to file these forms separately?? Plz help.

I can't think of what the advantage would be to filing seperately. My husband and I filed for his AOS/EAD together. As far as I am aware, that is how you are suppose to do it. Common sense tells me that if you were to file seperately it would take longer. I guess it depends on if the foreign spouse is looking to work right away or not. my thoughts to you would be to file together. Get it all done and over with.

LJ

[Dr_LHA 3]

Agreed, you're best filing together.

[Dr_LHA 3]

If you're on a K-3, you can file for an EAD that lasts longer than 1 year can't you, depending on how much longer your K3 is valid. That would be the only advantage I can think of.

[Laura_and_IanM 0]

If you're on a K-3, you can file for an EAD that lasts longer than 1 year can't you, depending on how much longer your K3 is valid. That would be the only advantage I can think of.

It doesn't really matter because when you file together...typically you get your EAD before you have your actual AOS interview and although the EAD is only good for one year when you get it, the AOS and actual greencard cancels out the EAD card that you get. The EAD card itself is only meant to be a temporary thing until you do recieve your greencard which is good until it is time to do the final AOS process if you have been married for less than 2 years when you originally applies. Follow me? I know it is all confusing but it is actually very simple.

Good luck..

Laura

[meauxna 15]

If you're on a K-3, you can file for an EAD that lasts longer than 1 year can't you, depending on how much longer your K3 is valid. That would be the only advantage I can think of.

It doesn't really matter because when you file together...typically you get your EAD before you have your actual AOS interview and although the EAD is only good for one year when you get it, the AOS and actual greencard cancels out the EAD card that you get. The EAD card itself is only meant to be a temporary thing until you do recieve your greencard which is good until it is time to do the final AOS process

if you have been married for less than 2 years when you originally applies. Follow me? I know it is all confusing but it is actually very simple.

Good luck..

Laura

Yodrak's correction was more to the point and accurate than my original quote:

meauxna,

Points of clarification:

- A K3 should apply for EA prior to applying for AOS in order to get a 2-year EAD. Applying separately from but after applying for AOS is the same as applying with AOS - 1-year EAD.

- The 2 years starts from date of entry (as you mention parenthetically) as indicated on I-94, it is not tied to the visa.

Yodrak

K-3s are eligible for a two-year validity EAD *if* they apply for EAD before the AOS application.

This can be beneficial insurance if you want to delay filing AOS *or* if something causes your AOS to be delayed (namechecks etc)

Laura, the thingie in two years is called Removing Conditions, not final AOS.

[Dr_LHA 3]

K-3s are eligible for a two-year validity EAD *if* they apply for EAD before the AOS application.

Yes, I should have mentioned this in my post. Seperately in this case only works if the EAD goes in before the AOS. Still having a 2 year EAD could be pretty valuable and money saving if your AOS isn't processed quickly.

[Laura_and_IanM 0]

If you're on a K-3, you can file for an EAD that lasts longer than 1 year can't you, depending on how much longer your K3 is valid. That would be the only advantage I can think of.

It doesn't really matter because when you file together...typically you get your EAD before you have your actual AOS interview and although the EAD is only good for one year when you get it, the AOS and actual greencard cancels out the EAD card that you get. The EAD card itself is only meant to be a temporary thing until you do recieve your greencard which is good until it is time to do the final AOS process

if you have been married for less than 2 years when you originally applies. Follow me? I know it is all confusing but it is actually very simple.

Good luck..

Laura

Yodrak's correction was more to the point and accurate than my original quote:

meauxna,

Points of clarification:

- A K3 should apply for EA prior to applying for AOS in order to get a 2-year EAD. Applying separately from but after applying for AOS is the same as applying with AOS - 1-year EAD.

- The 2 years starts from date of entry (as you mention parenthetically) as indicated on I-94, it is not tied to the visa.

Yodrak

K-3s are eligible for a two-year validity EAD *if* they apply for EAD before the AOS application.

This can be beneficial insurance if you want to delay filing AOS *or* if something causes your AOS to be delayed (namechecks etc)

Laura, the thingie in two years is called Removing Conditions, not final AOS.

LOL...thank you Yodrak for setting me straight!!! I never knew that you could apply seperate or to file the EAD first. When we went to the local office in Buffalo, the lady that we first saw told us we had to file them together. So a bit confusing I would say being told different things by different ppl. Thanks!

Laura

[meauxna 15]

LOL...thank you Yodrak for setting me straight!!! I never knew that you could apply seperate or to file the EAD first. When we went to the local office in Buffalo, the lady that we first saw told us we had to file them together. So a bit confusing I would say being told different things by different ppl. Thanks!

Laura

Bah! Surely you know better than to askUSCIS what the right answer is!

[Yodrak 7]

Dr_LHA,

It's not applying for EA that lasts longer than 1 year, it's applying on the basis of one's K3 immigration status, which lasts for 2 years from date of entry.

Category (a)(9).

Yodrak

If you're on a K-3, you can file for an EAD that lasts longer than 1 year can't you, .....

Edited April 17, 2007 by Yodrak

[Dr_LHA 3]

Dr_LHA,

Only if one applies for EA prior to applying for AOS. Category (a)(9). It's not applying for EA that lasts longer than 1 year, it's applying on the basis of one's K3 immigration status, which lasts for 2 years from date of entry.

Yodrak

Yes, thanks for clearing that up. Of course I did actually post that myself a few posts down, but it bears repeating, again.

*I guess*

Edited April 17, 2007 by Dr_LHA

[Yodrak 7]

Dr_LHA,

Sorry, I didn't see your correction post until after I had replied to your earlier one. I then edited my reply, but too late to beat your next post.

Anyway, to understand the issue without confusion one needs to look at the basis for the application, not the timing. Although the two are related, it's the basis for the application that points directly to the result.

Yodrak

Dr_LHA,

Only if one applies for EA prior to applying for AOS. Category (a)(9). It's not applying for EA that lasts longer than 1 year, it's applying on the basis of one's K3 immigration status, which lasts for 2 years from date of entry.

Yodrak

Yes, thanks for clearing that up. Of course I did actually post that myself a few posts down, but it bears repeating, again.

*I guess*

[Laura_and_IanM 0]

LOL...thank you Yodrak for setting me straight!!! I never knew that you could apply seperate or to file the EAD first. When we went to the local office in Buffalo, the lady that we first saw told us we had to file them together. So a bit confusing I would say being told different things by different ppl. Thanks!

Laura

Bah! Surely you know better than to askUSCIS what the right answer is!

LMAO...one word hun...SMART*\"@.....lol THanks for that one...yes...I should have known by now.

Laura