What is AOS and how do i do it?
May 19th 2004, 11:32 pm
#1
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Joined: Dec 2003
Location: Iowa/Pakistan
Posts: 40
What is AOS and how do i do it?
Is there any good websites about this?? My husband is here on a k-3 visa and we have applied for an EAD. What do we do now? Should we have applied for AOS before EAD??? I am hoping to wait until he is here for 6 months so we can count his income too in the affidavit of support. Can we file AOS after 6 months?
Thanks everyone
Thanks everyone
May 20th 2004, 12:40 am
#3
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Location: Missouri, USA - ex England
Posts: 192
Re: What is AOS and how do i do it?
Originally posted by LucyMO
You apply for AOS and EAD at the same time. read www.uscis.gov
You apply for AOS and EAD at the same time. read www.uscis.gov
There's some confusion between states as to whether one is able to file for AOS without the original I-130 being approved, i know of 3 or 4 each way.
It is possible to file for EAD now, wait 90 days and then get an interim one if they haven't done anything on your case. He'll then be able to apply for a SSN and then start to work/get income.
Matt
May 20th 2004, 12:59 am
#4
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Joined: Apr 2001
Posts: 46,469
Re: What is AOS and how do i do it?
An addendum to your post Matt:
In the case of K-3's you can apply for an EAD without petitioning for AOS.
The K-3 recipient is entitled to a 2 year EAD as per their visa. This is to allow them to work while they wait out the approval of their I-130 which was filed at the Service Center. After approval of the I-130 they then must decide if they will continue adjustment processing here in the US or will return to their own country to complete the processing.
In some rarified cases, a local district office will allow the filing of the I-485 without having had the I-130 approved. In most offices, they won't accept the I-485 until the SC has approved the I-130.
Rete
In the case of K-3's you can apply for an EAD without petitioning for AOS.
The K-3 recipient is entitled to a 2 year EAD as per their visa. This is to allow them to work while they wait out the approval of their I-130 which was filed at the Service Center. After approval of the I-130 they then must decide if they will continue adjustment processing here in the US or will return to their own country to complete the processing.
In some rarified cases, a local district office will allow the filing of the I-485 without having had the I-130 approved. In most offices, they won't accept the I-485 until the SC has approved the I-130.
Rete
Originally posted by mdaitc
not necessarily, one can apply for them seperately.
There's some confusion between states as to whether one is able to file for AOS without the original I-130 being approved, i know of 3 or 4 each way.
It is possible to file for EAD now, wait 90 days and then get an interim one if they haven't done anything on your case. He'll then be able to apply for a SSN and then start to work/get income.
Matt
not necessarily, one can apply for them seperately.
There's some confusion between states as to whether one is able to file for AOS without the original I-130 being approved, i know of 3 or 4 each way.
It is possible to file for EAD now, wait 90 days and then get an interim one if they haven't done anything on your case. He'll then be able to apply for a SSN and then start to work/get income.
Matt
