Should we file EAD separately?

[gdalicia 1]

Hubby entered on a K-3 visa last week. We are gathering everything together and I was hoping to send in our AOS packet this week. However, an Attorney recommended today that I file the I-765 separately due to the fee increase backlog and the recent increase of I-864 RFEs. I was wondering if anyone here has had success doing this? If I send the I-765 first I will be filing through CSC, which I understand is extremely backlogged. Her reasoning is that it's worth the $300 extra dollars to insure that we get the EAD as soon as possible.

[Cécy 44]

Given that if you file together you will not have to pay the extra money (since EAD & AP) are now included in the fees I don't see why you would do it separately.

I don't even see how doing it separately will make it come faster. O.o You send it all to the National Service Center right? Or do you file the EAD in a separate place if it's not with the AOS. What will it change if it's together or not?

Someone else has an opinion on this? It sounds weird to me.

[YuAndDan 153]

For K-3 some wait until just before 2nd wedding anniversary to file for AOS, this has the effect of avoinding the conditional 2 year green-card, that way there are no conditions to lift later and pay an fee.

K-3 can apply for EAD before AOS using code (a )(9 ) this results in a EAD card that expires the same time as the I-94 card (about 2 years after entry)

FEE for EAD is less than that of lifting conditions.

Given that if you file together you will not have to pay the extra money (since EAD & AP) are now included in the fees I don't see why you would do it separately.

I don't even see how doing it separately will make it come faster. O.o You send it all to the National Service Center right? Or do you file the EAD in a separate place if it's not with the AOS. What will it change if it's together or not?

Someone else has an opinion on this? It sounds weird to me.

Note K-3 dose not need to file for AP, the K-3 visa is a multi entry visa.

[MissStacey 1]

I filed my EAD separate from the AOS. I was a K3.

[Cécy 44]

Yes but they seem to want to send the AOS this week and the EAD too just separately. It would make sense if they were just waiting to file for AOS, then sure file for the work permit, the rest can wait since you have a K3.

But sending both applications around the same time and not together, that I don't see the point of. Especially when it makes it more expensive.

[payxibka 10,045]

Note K-3 dose not need to file for AP, the K-3 visa is a multi entry visa.

Unless the K-3 visa expires before the AOS is approved then AP will be required for travel.

Edited September 12, 2007 by fwaguy

[eau_xplain 2]

Yes but they seem to want to send the AOS this week and the EAD too just separately. It would make sense if they were just waiting to file for AOS, then sure file for the work permit, the rest can wait since you have a K3.

But sending both applications around the same time and not together, that I don't see the point of. Especially when it makes it more expensive.

She should just send in the EAD and hold off on the AOS.

Edited September 12, 2007 by eau_xplain

[gdalicia 1]

The reason for waiting is that she said there has been a recent increase in I-864 RFEs that are stopping the 90 day clock for EAD. In order to get the EAD as soon as possible, she recommended filing it first (separately) and waiting on the AOS until the EAD has been approved. She seemed to imply that *perhaps* the RFEs are a way for them to buy time given the huge backlog.

When you file AOS w/ I-765 it goes to the Chicago Lockbox, but when you file the I-765 separately it goes directly to the Service Center (In my case it would be CSC).

Edited September 12, 2007 by gdalicia