Applying for EAD before AOS
Dec 14th 2003, 8:45 pm
#1
Lost in BE Cyberspace
Thread Starter
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Applying for EAD before AOS
Is it possible to apply for the EAD without applying for AOS right away? The reason I'm asking is rather complicated. The apartment I'm in right now is basically temporary, and the town I live in (for my job) is not a hotbed of job opportunities for my fiance when he finally arrives next year.
We're basically facing a "Chicken or the Egg" problem. I think the best place for him to find a job is going to be in my home city, which is about 80 miles away - so I think it would be a good idea to move at least half way in between and we both commute to our jobs. However, there is always the possibility he could find a job in my little town, which wouldn't require a move 40 miles away. My main concern is, if we move after we apply for AOS , even if we put in a Change of Address form and have all our mail forwarded to our new address, I'm very afraid that we could loose any NOA's. Thus the "Chicken or Egg": Do we move first, him get his EAD and a job; or apply for AOS and EAD, and then move closer to wherever he ends up getting a job and risk missing NOA's in the mail?
Not adjusting his status right away will mean that he will most likely be out of status for some period of time, but we just won't leave the county until his temp GC comes through. Or do we have to apply for AOS at the same time as EAD?
Anyone else out there faced a similar situation?
Jamie
We're basically facing a "Chicken or the Egg" problem. I think the best place for him to find a job is going to be in my home city, which is about 80 miles away - so I think it would be a good idea to move at least half way in between and we both commute to our jobs. However, there is always the possibility he could find a job in my little town, which wouldn't require a move 40 miles away. My main concern is, if we move after we apply for AOS , even if we put in a Change of Address form and have all our mail forwarded to our new address, I'm very afraid that we could loose any NOA's. Thus the "Chicken or Egg": Do we move first, him get his EAD and a job; or apply for AOS and EAD, and then move closer to wherever he ends up getting a job and risk missing NOA's in the mail?
Not adjusting his status right away will mean that he will most likely be out of status for some period of time, but we just won't leave the county until his temp GC comes through. Or do we have to apply for AOS at the same time as EAD?
Anyone else out there faced a similar situation?
Jamie
Dec 14th 2003, 11:40 pm
#2
Member
Joined: Apr 2001
Posts: 14,049
Re: Applying for EAD before AOS
sfg,
Your fiancee is entitled to an EAD until his status as a K1 entrant expires, but as a practical matter if he doesn't get it at the POE he is unlikely to receive it before it expires.
Once his 90 day stay as a K1 is over, he must file for adjustment of status before he can apply for another EAD. Or he can include his EA application along with his adjustment application.
There is no such thing as a "temp GC".
Regards, JEff
Your fiancee is entitled to an EAD until his status as a K1 entrant expires, but as a practical matter if he doesn't get it at the POE he is unlikely to receive it before it expires.
Once his 90 day stay as a K1 is over, he must file for adjustment of status before he can apply for another EAD. Or he can include his EA application along with his adjustment application.
There is no such thing as a "temp GC".
Regards, JEff
Originally posted by sunflwrgrl13
Is it possible to apply for the EAD without applying for AOS right away? The reason I'm asking is rather complicated. The apartment I'm in right now is basically temporary, and the town I live in (for my job) is not a hotbed of job opportunities for my fiance when he finally arrives next year.
We're basically facing a "Chicken or the Egg" problem. I think the best place for him to find a job is going to be in my home city, which is about 80 miles away - so I think it would be a good idea to move at least half way in between and we both commute to our jobs. However, there is always the possibility he could find a job in my little town, which wouldn't require a move 40 miles away. My main concern is, if we move after we apply for AOS , even if we put in a Change of Address form and have all our mail forwarded to our new address, I'm very afraid that we could loose any NOA's. Thus the "Chicken or Egg": Do we move first, him get his EAD and a job; or apply for AOS and EAD, and then move closer to wherever he ends up getting a job and risk missing NOA's in the mail?
Not adjusting his status right away will mean that he will most likely be out of status for some period of time, but we just won't leave the county until his temp GC comes through. Or do we have to apply for AOS at the same time as EAD?
Anyone else out there faced a similar situation?
Jamie
Is it possible to apply for the EAD without applying for AOS right away? The reason I'm asking is rather complicated. The apartment I'm in right now is basically temporary, and the town I live in (for my job) is not a hotbed of job opportunities for my fiance when he finally arrives next year.
We're basically facing a "Chicken or the Egg" problem. I think the best place for him to find a job is going to be in my home city, which is about 80 miles away - so I think it would be a good idea to move at least half way in between and we both commute to our jobs. However, there is always the possibility he could find a job in my little town, which wouldn't require a move 40 miles away. My main concern is, if we move after we apply for AOS , even if we put in a Change of Address form and have all our mail forwarded to our new address, I'm very afraid that we could loose any NOA's. Thus the "Chicken or Egg": Do we move first, him get his EAD and a job; or apply for AOS and EAD, and then move closer to wherever he ends up getting a job and risk missing NOA's in the mail?
Not adjusting his status right away will mean that he will most likely be out of status for some period of time, but we just won't leave the county until his temp GC comes through. Or do we have to apply for AOS at the same time as EAD?
Anyone else out there faced a similar situation?
Jamie
Dec 15th 2003, 11:21 am
#3
Lost in BE Cyberspace
Thread Starter
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: Applying for EAD before AOS
Originally posted by jeffreyhy
sfg,
Your fiancee is entitled to an EAD until his status as a K1 entrant expires, but as a practical matter if he doesn't get it at the POE he is unlikely to receive it before it expires.
Once his 90 day stay as a K1 is over, he must file for adjustment of status before he can apply for another EAD. Or he can include his EA application along with his adjustment application.
There is no such thing as a "temp GC".
Regards, JEff
sfg,
Your fiancee is entitled to an EAD until his status as a K1 entrant expires, but as a practical matter if he doesn't get it at the POE he is unlikely to receive it before it expires.
Once his 90 day stay as a K1 is over, he must file for adjustment of status before he can apply for another EAD. Or he can include his EA application along with his adjustment application.
There is no such thing as a "temp GC".
Regards, JEff
Dec 15th 2003, 3:18 pm
#4
Member
Joined: Apr 2001
Posts: 14,049
Re: Applying for EAD before AOS
sfg,
The lady is correct once he is past his 90 days of K1 status. She is wrong if he is within his 90 days.
Your fiance will be coming from the UK? Have him enter at JFK in New York and he will in all probability get an EA stamp on entry. He will have to re-apply for EA when he files for AOS.
Regards, JEff
The lady is correct once he is past his 90 days of K1 status. She is wrong if he is within his 90 days.
Your fiance will be coming from the UK? Have him enter at JFK in New York and he will in all probability get an EA stamp on entry. He will have to re-apply for EA when he files for AOS.
Regards, JEff
Originally posted by sunflwrgrl13
With the "temp GC" statement, I was just referring to his conditional GC. Sorry for using the wrong terminology. Guess I should know better after all these months on the board. ;-) Called the BCIS "information" line about it today. Lady told me that "No, he cannot file for his EAD without adjusting his status first, or at least simultaneously filing AOS." Guess that answers that question. :-(
With the "temp GC" statement, I was just referring to his conditional GC. Sorry for using the wrong terminology. Guess I should know better after all these months on the board. ;-) Called the BCIS "information" line about it today. Lady told me that "No, he cannot file for his EAD without adjusting his status first, or at least simultaneously filing AOS." Guess that answers that question. :-(
