Help with I485

[cyn 0]

Hi does anyone know if the work permit and the I485 has to be filed at the same time?? We filed the work permit first. Now immigration is telling us it may be sent back. This process if horrible. Didn't know love could be so painful and expensive. The USCIS web site didn't say anything about the I485 tripling in price that's why we decided to wait ahhhhh my husband is use to working and is going nuts sitting here all day. Its funny they don't want you to become a burden of the state but then they make you wait forever to work pile of #######......

[Gaby&Talbert 1]

what type of visa does he have now? Can you fill in your information and timeline?

[YuAndDan 153]

what type of visa does he have now? Can you fill in your information and timeline?

Correct, posting questions without first filling a timeline, and the ful details in profile, is like asking people answering your post to read your mind.

[Shub 78]

I think there's been a posting on the home page on www.uscis.gov about the upcoming -- and now effective -- fees.

Anyway, if you entered the country on a K-1 visa, yes, you may file for EAD before filing form I-485, if you would like to work before you can adjust for status (i.e. before you're married). That EAD will only last thru the expiration date of your K-1 visa. You can only file for the "actual" (1-year, I think) EAD along with I-485 or after filing I-485. With the now effective new fees, you might as well file EAD at the same time as you file for I-485 because I-485 costs $1010 and includes the employment authorization and advance parole fees...

[YuAndDan 153]

I think there's been a posting on the home page on www.uscis.gov about the upcoming -- and now effective -- fees.

Anyway, if you entered the country on a K-1 visa, yes, you may file for EAD before filing form I-485, if you would like to work before you can adjust for status (i.e. before you're married). That EAD will only last thru the expiration date of your K-1 visa. You can only file for the "actual" (1-year, I think) EAD along with I-485 or after filing I-485. With the now effective new fees, you might as well file EAD at the same time as you file for I-485 because I-485 costs $1010 and includes the employment authorization and advance parole fees...

Bad advise for K-1, EAD costs an extra $340 if filed for before AOS and is free if filed for with or after filing for AOS.

K-1 filing for EAD before filing for AOS requires to file as Code (a )(6 ) which results in a EAD card that expires 90 days after entry on the K-1 and costs $340 to file, (A USELESS EAD Card) usually takes up to 90 days to process the application. File for EAD with or after filing for AOS, Code (c )(9 ) this results in an EAD with a 1 year validity, this is free because interim benefits like EAD are included in the new fee for AOS.

If K-3 filing for EAD before AOS results in an EAD valid until the expire of the I-94 (Up to 2 years), K-3 could do this get the EAD and then wait until a month or so before their 2nd wedding anniversary and then file AOS, avoiding having to do I-751 to lift conditions.

Since the OP did not provide details in profile or a timeline, it is any one's guess which visa they are adjusting from, so it is hard to give good advise.

Again http://www.visajourney.com/timeline/profile.php?id=37955

[Yodrak 7]

Shub,

No, it will last until the expiration date on the I-94. When the visa expires is not relevant.

Yodrak

.....

Anyway, if you entered the country on a K-1 visa, yes, you may file for EAD before filing form I-485, if you would like to work before you can adjust for status (i.e. before you're married). That EAD will only last thru the expiration date of your K-1 visa. .....

[Shub 78]

Shub,

No, it will last until the expiration date on the I-94. When the visa expires is not relevant.

Yodrak

Yes, that is what I meant, I did misword it.

YuAndDan, I think what you wrote is what I wrote (or at least meant), you were just more specific than I was!

No argument here anyway, I'm just saying.