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Elmira

When this first EAD expires?

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Hello everyone! Just got K-1 visa, and i guess it is only beginng of my journey :yes:

We have some question and would be very grateful if you can help us…

I will try to get 90 days work authorisation at JFK upon arrival, and after our wedding we will apply for my EAD. Does anyone know when this first EAD expires – in 1 year or it will last for 2 years which will allow me to have same EAD till I will get my Green card (removal of conditions).. We are so confused… especially I want to apply for nice job with my first EAD, but scared if anyone hires me with this kind of unsustainable Work Permit… Thanks in advance for any advice :)

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Filed: Citizen (apr) Country: Brazil
Timeline

My husband just got his EAD, and it's good for one year (just like the DL). We're hoping that his GC will be approved by then, but if not then we'll reapply for both.

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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So it means once you received your EAD it is valid for 1 year, so then you apply for GC within 90 days before your 2 year marriage anniversary. and if they still didn't approve your GC till 2 year anniversary you extend you AOS and EAD? For example. I will enter US on 29 October, we plan to marry on 12 January 2008. After wedding we send all paper work for AOS and EAD. I will receive EAD aprox in 3 month and it will be valid for 1 year from the day I received it (???). So it means I will receive EAD aprox Apr 2008 and it will expire in Apr 2009. But we can apply for GC only after Nov 2009 (90 days before our marriage anniversary in Jan 2010)... so then what should I do these 6 month between April 2008 and October 2008? Should I apply for new EAD before my first expires?

Sorry for these silly questions, but we need to know so it can help me while I will be looking for a job in U.S :)

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Filed: AOS (apr) Country: New Zealand
Timeline
So it means once you received your EAD it is valid for 1 year, so then you apply for GC within 90 days before your 2 year marriage anniversary. and if they still didn't approve your GC till 2 year anniversary you extend you AOS and EAD? For example. I will enter US on 29 October, we plan to marry on 12 January 2008. After wedding we send all paper work for AOS and EAD. I will receive EAD aprox in 3 month and it will be valid for 1 year from the day I received it (???). So it means I will receive EAD aprox Apr 2008 and it will expire in Apr 2009. But we can apply for GC only after Nov 2009 (90 days before our marriage anniversary in Jan 2010)... so then what should I do these 6 month between April 2008 and October 2008? Should I apply for new EAD before my first expires?

Sorry for these silly questions, but we need to know so it can help me while I will be looking for a job in U.S :)

As a K1 you cant file the EAD seperately before AOS. You will after your marriage file AOS EAD and AP at the same time. If processing of your AOS is still happening at around 9 months then I would presume that you file for another EAD. These are included in the new fee system. You will receive a Conditional Permanent resident card valid for 2 years and 90 days before this expiry date you file for removal of conditions. You will then receive the Legal permanent resident card.

Whats confusing me about your post is saying that you can apply for the GC only after Nov 2009????? I dont think you understand the process.... When you file for adjustment of status (which you said you would after you marriage in Jan 08) that is your application for a GC. Or do I understand that you wish to forgo the conditional card and wait to file so that you can just get the 10 year card? In which case you wont be working until that time as you cant file the EAD seperatly (K3 can but not K1)

I 130 & I129F (K3) and AOS info in timeline

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So it means once you received your EAD it is valid for 1 year, so then you apply for GC within 90 days before your 2 year marriage anniversary. and if they still didn't approve your GC till 2 year anniversary you extend you AOS and EAD? For example. I will enter US on 29 October, we plan to marry on 12 January 2008. After wedding we send all paper work for AOS and EAD. I will receive EAD aprox in 3 month and it will be valid for 1 year from the day I received it (???). So it means I will receive EAD aprox Apr 2008 and it will expire in Apr 2009. But we can apply for GC only after Nov 2009 (90 days before our marriage anniversary in Jan 2010)... so then what should I do these 6 month between April 2008 and October 2008? Should I apply for new EAD before my first expires?

Sorry for these silly questions, but we need to know so it can help me while I will be looking for a job in U.S :)

As a K1 you cant file the EAD seperately before AOS. You will after your marriage file AOS EAD and AP at the same time. If processing of your AOS is still happening at around 9 months then I would presume that you file for another EAD. These are included in the new fee system. You will receive a Conditional Permanent resident card valid for 2 years and 90 days before this expiry date you file for removal of conditions. You will then receive the Legal permanent resident card.

Whats confusing me about your post is saying that you can apply for the GC only after Nov 2009????? I dont think you understand the process.... When you file for adjustment of status (which you said you would after you marriage in Jan 08) that is your application for a GC. Or do I understand that you wish to forgo the conditional card and wait to file so that you can just get the 10 year card? In which case you wont be working until that time as you cant file the EAD seperatly (K3 can but not K1)

OK... now I guess I understood more things :)

So it means I am applying for AOS (GC) + EAD same time in January after our wedding. EAD probably will be approved earlier (apromax in April 2008) and will be valid for 1 year... So before it will be expired I can apply for new EAD. Am I right? If yes then when should I apply for new one if the first one expires in April 2009- 1, 2 or 3 months advance?

And only when I receive my second GC (for 10 years) I can forget about EAD as second GC will allow me to work without any EAD?

Am I right? I hope that I am right as we are so confused here :)

thanks

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Filed: AOS (apr) Country: New Zealand
Timeline

If necessary in Jan/Feb 09 apply for your second EAD only if you do not have your conditional greencard. Once you recieve AOS (conditional greencard) approval you no longer need a EAD.

The Conditional greencard is only conditional based on the fact that your marriage is less than 2 years. All other factors of the Legal Permanent resident (10 year card) apply to conditional permanent residents. For example you use your conditional greencard as employment authorisation and as a entry permit back into the USA, (instead of AP).

I 130 & I129F (K3) and AOS info in timeline

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If necessary in Jan/Feb 09 apply for your second EAD only if you do not have your conditional greencard. Once you recieve AOS (conditional greencard) approval you no longer need a EAD.

The Conditional greencard is only conditional based on the fact that your marriage is less than 2 years. All other factors of the Legal Permanent resident (10 year card) apply to conditional permanent residents. For example you use your conditional greencard as employment authorisation and as a entry permit back into the USA, (instead of AP).

Oh my God! Only now I understood everything!!! I thought even if I have GC I need EAD... so it means I will not need EAD as soon as I have my first CG, and before 2 years anniversary we will apply for 10 years GC and if they don't approve it till GC expired day they can extend my first GC with a stamp in my passport and it will be valid till I have my second GC?

Thank you so much... after 6 months thinking of different I understood that I was wrong :)

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Filed: AOS (apr) Country: New Zealand
Timeline
If necessary in Jan/Feb 09 apply for your second EAD only if you do not have your conditional greencard. Once you recieve AOS (conditional greencard) approval you no longer need a EAD.

The Conditional greencard is only conditional based on the fact that your marriage is less than 2 years. All other factors of the Legal Permanent resident (10 year card) apply to conditional permanent residents. For example you use your conditional greencard as employment authorisation and as a entry permit back into the USA, (instead of AP).

Oh my God! Only now I understood everything!!! I thought even if I have GC I need EAD... so it means I will not need EAD as soon as I have my first CG, and before 2 years anniversary we will apply for 10 years GC and if they don't approve it till GC expired day they can extend my first GC with a stamp in my passport and it will be valid till I have my second GC?

Thank you so much... after 6 months thinking of different I understood that I was wrong :)

Once you have your condtional GC and 3 months before the date on your card expires (not your wedding date) but the date your AOS (cond GC) was approved then you file for removal of conditions. You should also receive a letter extending it (your first card) for 12 months while processing your removal of conditons, you wont recieve a stamp, and it will be valid till you get your 10 years card.

I 130 & I129F (K3) and AOS info in timeline

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