can i get an EAD?

[tina8]

hi!
can u tell me if im eligible to file for an EAD?
im the fiancee of a GC holder. i hv my B1/B2 visa of 10yrs. will i be eligible to file for an EAD if i get married to him?
also how long does it take to get the EAD?
im totally new to this EAD.
plz reply.

[PraetorianXI]

Are you in the USA right now? if you are and if you marry him and file for AOS (i-130/i-485) then you can file for an EAD (i-765). Which would take about 90 days.

[tina8]

i wil b travelling to US soon.
so i can get an EAD within 90 days? does this apply to the spouse of a GC holder or only to spouses of US citizens?

[PraetorianXI]

You can not go to the USA with a visitor visa in the INTENTION of staying there permanently, you need to file for a K-1 visa.

Otherwise you'd be guilty of misrepresenting your motive of traveling... and you will either be denied entry at the Port of Entry or be denied the GC because you lied to the POE officer.

[tina8]

thanx praetorianXI
my purpose of travelling is entirely different. im not going there with the intention of staying thr permanently. i wanted to know if i have chances of getting EAD.
isnt K1 visa applicable only to fiances of US citizens?

[PraetorianXI]

Yes, K-1 is only for USC fiancees, but this may be better for you if you are willing to wait (how soon before he becomes USC?)

You can not get EAD, only people filing for AOS (i-485) are elligible.

[tina8]

it will be 3 years till he becomes a citizen. will i have to wait that long?

[PraetorianXI]

Yes. There is the way of filing for you as LPR, but you can not adjust your status (or get an EAD) for about 5 years... so it will be easier to wait until he is a citizen... but you must/should return to your home country and not overstay for 3 years, this can get you in trouble.

[tina8]

thanx a lot for ur prompt answers.