Is the EAD a requirement to work?????

[cavalieri 0]

Hello Everyone,

I can not tell you how helpful it is to read this forum, many of my questions are answered. My husband and I are recent newlyweds. We are in the process right now of filing for his AOS. We went to the Philadelphia office to get all the information on exactly what he needs to do.

My question is: In order to start working you must file the I-765 EAD application? If so is it best to file at the same time as your I-485 AOS? And..........do you need to send to separate checks $395 plus the $180 all at the same time.

If someone can answer me on working situations, you would be a life saver.

Thanks!!!

[camaleon 0]

The EAD is the employment authorization document and that's basically what u need to start working...

I filed it together and I made a big money order for both (i-485 and i-765)

c u later and good luck.

btw: buy a nice chair for the long wait ahead of u.

[Chris W 0]

Did you get the temporary EAD at the POE (most likely JFK?)

If not, according to the letter of the law, you need to receive the EAD before you can begin working. If you are prepared to wait for AOS to be complete, you don't need to apply for the EAD in the meantime. If you don't want to wait, you should apply for the EAD ASAP -- tomorrow is a good day.

[rebeccajo 14]

You don't HAVE to file for them both at the same time. But you CANNOT file for the EAD first. It is to be filed either concurrently with the AOS or later.

The common wisdom on VJ is to write separate checks.

The temp EAD received by some at JFK (alluded to above) is only good for 90 days. If you had gotten it, you would have to stop working in the interim before you receive this one. The EAD you are applying for now is good for a year and 90% of the time, you'll have your greencard within that one-year period.

And yeah, you gotta have one to work.......that and a social security number.

[no name 1]

You don't HAVE to file for them both at the same time. But you CANNOT file for the EAD first. It is to be filed either concurrently with the AOS or later.

The common wisdom on VJ is to write separate checks.

The temp EAD received by some at JFK (alluded to above) is only good for 90 days. If you had gotten it, you would have to stop working in the interim before you receive this one. The EAD you are applying for now is good for a year and 90% of the time, you'll have your greencard within that one-year period.

And yeah, you gotta have one to work.......that and a social security number.

So does everyone at JKF get the 90 day EAD? I've seen soem not get it at other POEs. Also, what's the pouint of workign then having to quit for 90 days? I havent' told my fiance this EAD business yet, I'm scared he'll get angry at having to wait yet longer!

Thanks in advance.

[americangirl 0]

Also, what's the pouint of workign then having to quit for 90 days? I havent' told my fiance this EAD business yet, I'm scared he'll get angry at having to wait yet longer!

Unfortunately, there's very little chance that you'll be able to work straight through, from arrival to green card. The temporary EAD is pretty much useless. If you go through JFK and get the temp EAD, you'd have to get married the day you arrive, and apply for AOS and EAD the same day you get married, AND there would probably still be a few days in between where it'll be illegal for you to work since it takes a few days to process the applications (and your EAD 90-day count doesn't begin until it's processed - I wouldn't count on getting the EAD in less than 90 days).

You and your fiance will need to communicate about this NOW - it's important for both parties to understand what's going on so they can prepare for it. I know how hard it can be - my husband earns a lot more than I do, and for him not to have a salary during this time is really hard! The prospect really scared me when I found out. But we knew about it in advance and were able to save and plan for the worst-case scenario. In the end, it was still far cheaper than the alternative (moving out of the country together - terrible idea!).

[meauxna 15]

I havent' told my fiance this EAD business yet, I'm scared he'll get angry at having to wait yet longer!

Thanks in advance.

Whoa. I agree with americangirl---you had better make sure this issue is out on the table. K-1s should not plan on working in the US for their first 4-6 months, realistically.

You should also study up on the K-1 Social Security number application procedure. If you wait too long to apply for that, you'll really have a wait for work.

[Yodrak 7]

rebeccajo,

Weelllll ... not really. A K1 can apply prior to AOS, during their first 90 day in the country, in category a6. Why they would want to is questionable, but they can.

Yodrak

You don't HAVE to file for them both at the same time. But you CANNOT file for the EAD first. It is to be filed either concurrently with the AOS or later.

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