EAD question: prior to AOS.

[Caladan 19]

With any luck, we'll get the EAD stamp when C. activates his K-1. But suppose he doesn't.

The K-1 is work-authorized, so we'd be able to file for an interim EAD before we marry. (I think I have this right.) Most people don't because they will be getting married relatively soon after the K-1 activation and there's no reason to bother spending the fees.

We won't be getting married till about day 61 into his I-94. So here's my question: if he applied for an EAD (prior to marriage) and received it, would it expire at the end of the validity of his I-94? (So in our case, around August 26th.) Given processing times it seems it would be approved just about the time the I-94 expired.

Or is it good for some definite period of time contingent on when it is approved?

[Kez/JWolf 6]

If you dont get the stamp at POE then yes you can file for a temp EAD..... BUT it will take 90+ days to process and will be expired before you get it, it expires 90 days after entry.... the only other option available to you is to file for the 1 year EAD along with AOS...

Kez

Edited May 8, 2007 by Niagaenola

[Caladan 19]

Thanks. I wasn't sure when the 90 day clock started on the temp EAD.