EAD received before AOS filed...question

[acain 0]

I apologize if this is listed somewhere in the vast reaches of the forum, but I did some searching and couldn't quite find what I was looking for...

My wife has been in the US for some time now, and has already filed and received her EAD. She also just recently got a Social Security Card for work only. We finally have all of our documentation in order and are preparing to send our AOS packet...

However, most people send their AOS packet including their EAD. Other than the medical examination, will we have to be paying for another biometrics appointment? She should already be in the system. Plus, since the $1000+ fee for the I-485 includes the cost of the I-765, are we still obligated to pay the full amount, or the amount less the fees we have already paid?

Any help would be greatly appreciated! Looks like we may officially be October filers

[YuAndDan 153]

Firstly what visa did your Wife enter the country on? K-1 or K-3, Your profile lacks details, and you have no timeline to get any details from. Yours: http://www.visajourney.com/timeline/profile.php?id=10526

If K-1 check out how long the EAD is valid for.

Anyway, EAD before AOS pays an additional fee, this type is recommended for K-3 holders, K-3 can then work while waiting for either CR-1/IR-1 visa interview in foreign country, or can hold off on filing AOS until just before 2nd wedding anniversary avoiding the conditional green card and related fee to lift the conditions later. AOS approval after 2nd wedding anniversary results in unconditional 10 year green-card.

From I-485 directions page 7:

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

EAD is only included in the I-485 fee if using code (c )(6 ) on the I-765, and filing with or after AOS, NOT before.

You will pay $1010 for AOS.

Edited September 27, 2007 by YuAndDan

[John & Annie 0]

I apologize if this is listed somewhere in the vast reaches of the forum, but I did some searching and couldn't quite find what I was looking for...

My wife has been in the US for some time now, and has already filed and received her EAD. She also just recently got a Social Security Card for work only. We finally have all of our documentation in order and are preparing to send our AOS packet...

However, most people send their AOS packet including their EAD. Other than the medical examination, will we have to be paying for another biometrics appointment? She should already be in the system. Plus, since the $1000+ fee for the I-485 includes the cost of the I-765, are we still obligated to pay the full amount, or the amount less the fees we have already paid?

Any help would be greatly appreciated! Looks like we may officially be October filers

you pay the full amount and if the K3 expires while AOS is pending any interim benefits you need will be covered.

[acain 0]

I apologize if this is listed somewhere in the vast reaches of the forum, but I did some searching and couldn't quite find what I was looking for...

My wife has been in the US for some time now, and has already filed and received her EAD. She also just recently got a Social Security Card for work only. We finally have all of our documentation in order and are preparing to send our AOS packet...

However, most people send their AOS packet including their EAD. Other than the medical examination, will we have to be paying for another biometrics appointment? She should already be in the system. Plus, since the $1000+ fee for the I-485 includes the cost of the I-765, are we still obligated to pay the full amount, or the amount less the fees we have already paid?

Any help would be greatly appreciated! Looks like we may officially be October filers

you pay the full amount and if the K3 expires while AOS is pending any interim benefits you need will be covered.

Thanks for the information...my wife entered on a K3 that is valid until May 31, 2008. We have been married just over two years (August 2005), and she entered the US on September 11, 2006. We were told by an immigration official that if we file and do not receive an interview date by at least mid-to-late January, that we should file an I-539 for extension of status/stay. Is that necessary if we have a pending AOS? I don't want the expiration of the K3 to affect either her job or stay in the country.

[acain 0]

I apologize if this is listed somewhere in the vast reaches of the forum, but I did some searching and couldn't quite find what I was looking for...

My wife has been in the US for some time now, and has already filed and received her EAD. She also just recently got a Social Security Card for work only. We finally have all of our documentation in order and are preparing to send our AOS packet...

However, most people send their AOS packet including their EAD. Other than the medical examination, will we have to be paying for another biometrics appointment? She should already be in the system. Plus, since the $1000+ fee for the I-485 includes the cost of the I-765, are we still obligated to pay the full amount, or the amount less the fees we have already paid?

Any help would be greatly appreciated! Looks like we may officially be October filers

you pay the full amount and if the K3 expires while AOS is pending any interim benefits you need will be covered.

Thanks for the information...my wife entered on a K3 that is valid until May 31, 2008. We have been married just over two years (August 2005), and she entered the US on September 11, 2006. We were told by an immigration official that if we file and do not receive an interview date by at least mid-to-late January, that we should file an I-539 for extension of status/stay. Is that necessary if we have a pending AOS? I don't want the expiration of the K3 to affect either her job or stay in the country.

And I will fill out a timeline as soon as I get a few minutes to go back through my paperwork and get all the dates in order!

[YuAndDan 153]

Thanks for the information...my wife entered on a K3 that is valid until May 31, 2008. We have been married just over two years (August 2005), and she entered the US on September 11, 2006. We were told by an immigration official that if we file and do not receive an interview date by at least mid-to-late January, that we should file an I-539 for extension of status/stay. Is that necessary if we have a pending AOS? I don't want the expiration of the K3 to affect either her job or stay in the country.

No need to file I-539 to extend the K-3 if AOS is pending. If the k-3 expires before AOS approval, you will need to file I-131 and have AP in hand, if you plan on traveling out of the country. I-131 costs nothing if filed for with or after I-485 after July 30 2007.