timing for EAD and AOS

[Jimmy and Angela 0]

My wife will be here next week with a K-3 visa. Our one year anniversary is 4 days later. I read somewhere (can't find it now of course) that it's better to get the EAD now and wait for a year to file AOS to get a 10 year instead of a 2 year card since we will have been married over 2 years at that point.

Am I correct?

Edited June 4, 2008 by Jimmy and Angela

[YuAndDan 153]

Yes doing EAD now costs less than lifting conditions later, EAD is $340, removing conditions is $545, but you need to file to adjust status BEFORE the 1 year anniversary of the visa medical, or you will need to do a full I-693 Medical which will can cost much more than the $195 saved.

[Jimmy and Angela 0]

thanks

[pushbrk 12,893]

Yes doing EAD now costs less than lifting conditions later, EAD is $340, removing conditions is $545, but you need to file to adjust status BEFORE the 1 year anniversary of the visa medical, or you will need to do a full I-693 Medical which will can cost much more than the $195 saved.

We filed a couple weeks before the medical was a year old and got the unconditional green cards six months later. That was about two months past the second wedding anniversary. Whether it's a good plan depends on your circumstances and needs. Our primary motivations were that we intended to be living part time in China at the time removing conditions would come up and to spare some immediate expanse after arrival. I had paid two sets of fees and travel expenses as well as moving to larger home and buying additional furniture. We were broke.

If it had just been a matter of saving $195 two years from now by paying $340 extra now, we wouldn't have done it that way.

[ding 1]

I wonder if we should be concerned about this (from K3 FAQ's):

14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family. The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

I'd rather wait until our 2nd anniversary and get the 10 year green card. The $1,010 I-148 includes the $340 EAD so it all makes sense if not for the "good faith" not waiting shows, and possible road blocks if we wait.

[ding 1]

Also, in case someone missed it;

Use the current 5-27-08 form after 7-8-08!

This includes us, July 8 is coming up fast.

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

File the I-765 EAD with your I-485 AOS, or after it.

But if after, include your I797C NOA from the I-486 AOS.