EAD -- separate from AOS, or not??
#1
EAD -- separate from AOS, or not??
Ok, I tried searching for this but came up empty, so hopefully someone can answer this for me...
After you marry on the K-1, is it possible to apply for an EAD *before* applying for AOS?
Or do you HAVE to apply for the EAD at the same time as AOS?
Thanks in advance!
~ Jenney
After you marry on the K-1, is it possible to apply for an EAD *before* applying for AOS?
Or do you HAVE to apply for the EAD at the same time as AOS?
Thanks in advance!
~ Jenney
#2
Re: EAD -- separate from AOS, or not??
My understanding is that there is a work authorization valid 90 days with the K1, which you can apply for *before* AOS. [I have no experience with that so I may be totally wrong]
For the regular 1-year EAD, you have to apply for it *at the same time* or *after* you apply AOS.
Caroline
For the regular 1-year EAD, you have to apply for it *at the same time* or *after* you apply AOS.
Caroline
#3
Re: EAD -- separate from AOS, or not??
Originally posted by Caro
For the regular 1-year EAD, you have to apply for it *at the same time* or *after* you apply AOS.
For the regular 1-year EAD, you have to apply for it *at the same time* or *after* you apply AOS.
I'm just curious about this, though -- the EAD application doesn't ask for anything that prove that you are applying (or have already applied) for AOS. What difference does it make if it's before or after you send off your AOS application, as long as you include everything you're required to for the EAD application itself? Or am I missing something in the EAD application instructions?
Anyone have any clue why that would be? I haven't read anything saying you HAVE to apply at the same time, only that everyone seems to by default. I'm just wondering if it's absolutely required for them to go hand-in-hand.
~ Jenney
#4
Re: EAD -- separate from AOS, or not??
Originally posted by Jenney & Mark
Thanks for your response.
I'm just curious about this, though -- the EAD application doesn't ask for anything that prove that you are applying (or have already applied) for AOS. What difference does it make if it's before or after you send off your AOS application, as long as you include everything you're required to for the EAD application itself? Or am I missing something in the EAD application instructions?
Anyone have any clue why that would be? I haven't read anything saying you HAVE to apply at the same time, only that everyone seems to by default. I'm just wondering if it's absolutely required for them to go hand-in-hand.
~ Jenney
Thanks for your response.
I'm just curious about this, though -- the EAD application doesn't ask for anything that prove that you are applying (or have already applied) for AOS. What difference does it make if it's before or after you send off your AOS application, as long as you include everything you're required to for the EAD application itself? Or am I missing something in the EAD application instructions?
Anyone have any clue why that would be? I haven't read anything saying you HAVE to apply at the same time, only that everyone seems to by default. I'm just wondering if it's absolutely required for them to go hand-in-hand.
~ Jenney
Hi,
It clearly states on Page 3 of the instructions for I-765 that :
An EAD application other than for a replacement must be based on your PENDING application for adjustment of status under (c)(9)
You need to send it in with the AOS or after the AOS has been received by your local office and is pending.
By the way, since the applications are separated at the office, I also include a photocopy of the I-485 attached to the I-765 section of our packet and stated it was simultaneously filed
.
GOOD LUCK
Kat and Chris
Last edited by katnap8; Apr 17th 2003 at 9:56 am.
#5
Re: EAD -- separate from AOS, or not??
Originally posted by katnap8
It clearly states on Page 3 of the instructions for I-765 that :
An EAD application other than for a replacement must be based on your PENDING application for adjustment of status under (c)(9)
You need to send it in with the AOS or after the AOS has been received by your local office and is pending.
By the way, since the applications are separated at the office, I also include a photocopy of the I-485 attached to the I-765 section of our packet and stated it was simultaneously filed.
It clearly states on Page 3 of the instructions for I-765 that :
An EAD application other than for a replacement must be based on your PENDING application for adjustment of status under (c)(9)
You need to send it in with the AOS or after the AOS has been received by your local office and is pending.
By the way, since the applications are separated at the office, I also include a photocopy of the I-485 attached to the I-765 section of our packet and stated it was simultaneously filed.
Well, that takes care of that... thanks again.
~ Jenney