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Applying for EAD before AOS.

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Applying for EAD before AOS.

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Old Sep 11th 2005, 6:30 am
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Default Applying for EAD before AOS.

I finally made it back to the USA and into the arms of my wife via a K3 visa.
I know that I have to file the AOS, but my question is this..... Whilst my wife and co-sponsor collate the required information for the I-864 would it prejudice my case to file for the EAD before the AOS is applied for?

Thanks

Paul
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Old Sep 11th 2005, 6:32 am
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Default Re: Applying for EAD before AOS.

Originally Posted by Circus-of-Power
... would it prejudice my case to file for the EAD before the AOS is applied for?
Since the underlying basis for the EAD is the accompanying AOS application, I'm pretty sure you can't submit the EAD prior to the AOS.

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Old Sep 11th 2005, 6:34 am
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Default Re: Applying for EAD before AOS.

Actually, a K-3 entrant CAN apply for EAD before AOS. So yes...go ahead and apply for your EAD. You have up to 2 years to do AOS.

Best Wishes,
Rene
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Old Sep 11th 2005, 6:42 am
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Default Re: Applying for EAD before AOS.

Originally Posted by Circus-of-Power
I finally made it back to the USA and into the arms of my wife via a K3 visa.
I know that I have to file the AOS, but my question is this..... Whilst my wife and co-sponsor collate the required information for the I-864 would it prejudice my case to file for the EAD before the AOS is applied for?

Thanks

Paul

Prejudice? Why should it? EAD first-we did most certainly!!! Since it was an issue to have two incomes ASAP with bills on both sides of the Atlantic, we figured the AOS or whatever could be attended to second. In fact I would say from my K3 alumna of 2003 on here, that's what the majority did, EAD first THEN AOS.
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Old Sep 11th 2005, 6:59 am
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Default Re: Applying for EAD before AOS.

Originally Posted by Circus-of-Power
I finally made it back to the USA and into the arms of my wife via a K3 visa.
I know that I have to file the AOS, but my question is this..... Whilst my wife and co-sponsor collate the required information for the I-864 would it prejudice my case to file for the EAD before the AOS is applied for?

Thanks

Paul
There is no prejudice toward your case, because it's very common to apply for the EAD before the AOS. Agree with Norah101 and Cindyabs.
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Old Sep 11th 2005, 7:03 am
  #6  
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Default Re: Applying for EAD before AOS.

Just a note to emphasize that the ability to apply for EAD before AOS is only in conjuction with a K-3 visa.

People who entered on a K-1 or are adjusting status from another visa within the USA cannot apply for EAD before AOS.

This is a K-3 specific rule only.

Rene
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Old Sep 11th 2005, 3:27 pm
  #7  
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Default Re: Applying for EAD before AOS.

Thanks for the replies .... I think tomorrow will see me form filling ...

All the best

Paul
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Old Sep 13th 2005, 12:58 pm
  #8  
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Default Re: Applying for EAD before AOS.

Originally Posted by Circus-of-Power
Thanks for the replies .... I think tomorrow will see me form filling ...

All the best

Paul
Just to add that I was in exactly your position. I came in on a K3 and applied for EAD ages ago, made the tax returns easier as it meant I could have a SSN. We have only recently applied for AOS. I'll let you know how we're doing.

And CONGRATULATIONS on your safe arrival.
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