EAD and AOS Filing

[jdsp07 0]

Should I file an EAD before our wedding? Is it worth it?

I am Canadian and my fiancee is a U.S. citizen. I just arrived on Nov. 21/07 (San Antonio, TX) on a K-1 Visa. Our wedding is not until Jan. 26/08. However I would like to be able to work before then. I have some jobs available. What would be better to do:

a)get married ASAP (judge,courthouse) and file for EAD and AOS. **Question** Does the AOS fee include the fee for the EAD? We would still do our wedding in January eventhough we would already be married.

b)file EAD now and file AOS in January after wedding. **Question** Do I have to file another EAD in January even if I have already received an EAD?

I would like to be able to work as soon as possible. Just wondering if one of these routes would be faster than the other. If not I am going to BestBuy to get an Xbox 360 and start waiting.

many thanks, this site is great!

JR

Mar 21, 2007 Filed I-129f

Apr 07, 2007 NOA1

July 02, 2007 NOA2

Sept 15, 2007 Interview Vancouver Consulate Visa Approved!

Nov 21, 2007 POE Blaine, WA

Edited November 26, 2007 by jdsp07

[YuAndDan 153]

Filing for EAD before AOS is a waste of $340. For K-1 this EAD is valid only as long as the I-94 card (90 days from entry) and the EAD can take up to 90 days to get.

Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6)

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

File for EAD with AOS or after AOS using code (c )(9 ) and is part of the AOS fee so costs nothing.

K-1 can work for the 90 days of the I-94 without the stamp.

Per form I-9 used by employers.

QUOTE

LIST A Documents that Establish Both Identity and Employment Eligibility

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

The employer needs to know that K-1 is work authorized for the 90 days of the I-94, after that EAD card or green-card is required to work.

Edited November 26, 2007 by YuAndDan

[Kez/JWolf 6]

If you file for EAD before you marry then you will be filing as a K1 and the EAD would only be valid for 90 day..... and it will take about 90 days to get approved so it would be expired by the time you got it..... you need to file for your EAD along with AOS it is included in the cost.... but will still take about 90 days to get....if you need to work as soon as you can then you would be better to get married as soon as you can anf file for AOS and EAD....

Kez

[Kathryn41 3,205]

you entered the country as a K-1, which is an employment authorized visa BUT you require proof of that status in order to be employed. If you received the Employment authorized stamp when you entered the country you are able to work until your I-94 expires. If you did not receive the stamp, you have no way to prove to an employer you are allowed to work so they are not allowed to hire you.

If you apply for an EAD prior to getting married and filing for AOS, the EAD has to be based on your K-1 status and the I-94 that is valid for 90 days after your entry. Any EAD you received based on that status would expire the same date as the I-94. It takes approximately 90 days to process an EAD so any EAD you received on that status would be expired before you even received it and you would have wasted your money. You cannot file for an EAD that last longer than your legal status in the US and until you file the AOS, your legal status expires on the same day as the I-94.

Your fastest course of action is to get married as soon as possible, then submit the AOS and the EAD applications jointly. The EAD would be based on the AOS, and while it would again take about 90 days to process, it would be valid for one year. You can also apply to renew the EAD 90 days before it expires if you have not received your AOS in that time. The EAD fee is now included in the AOS fee.

[jdsp07 0]

Thanks for all of your responses. However I am getting two different opinions from posters. Please correct me if I got these wrong:

YuandDan:

Says that I don't need an employment stamp in my passport. And the K-1 already allows me to work.

Kathryn41:

Says that I need an employment stamp in my passport.

So can I work or can't I right now? I know I need a SSN which I will be getting this week. In my passport I have my I-94 and 2 stamps that say K-1 Visa. Any clarifications would be much appreciated.

many thanks

JR

Mar 21, 2007 Filed I-129f

Apr 07, 2007 NOA1

July 02, 2007 NOA2

Sept 15, 2007 Interview Vancouver Consulate Visa Approved!

Nov 21, 2007 POE Blaine, WA

[ELW 5]

I think the bottom line is this: if you do not have the temp EAD stamp in your passport (which is only issued at JFK airport), you have no physical proof that you have 90-day permission to work. If your prospective employer believes that you can work, you are OK (try to explain, show a printout of the rules, etc.). But probably employers will demand proof of your work authorization status, and then, sadly, you have to wait for the EAD card.

Others gave the correct advice: get married at your local county clerk's office immediately, and file for AOS, including (at no extra fee) the EAD application too. EAD is usually granted within 3 months, and is valid for a year. Good luck with fast processing!