K1 - aos, ead?

[Hamsher]

A quick breakdown...

I have followed all the of the procedures perfectly up to this point but I am very confused/frustrated with the regard to the right to work.

Married within 90 days. Submitted i-485. Received notice of action.

Do I need to also submit an EAD?

I have my SSC. Can I start working now as I am a K-1?

It is a joke that you are not allowed to work in this process with all the fees that have to be paid on top of two people having to live on a single income.

I am reading that it could be up to 5 months after my biometric appointment that I receive my green card? Including the 3 months up to that point it will be 8 months without an income!

[Hamsher]

I would also like to add that the EAD fee is $380 on top of the $1070 for the AOS?

I dont understand why there is such long waiting for someone to work when they are married!

From what I read I could have submitted an EAD as soon as I arrived but that would then be void after the 90 days of the visa I entered on. However it can take up to 3 months for a EAD card to arrive!!!

Why would someone pay $380 dollars for something that is technically of no use to them at all.

You can then after you are married apply for an EAD separately to your AOS which as I mentioned you have to pay an additional $380. But a note to this is that your AOS by default entitles you to work anyway. So why would you file an EAD? When your AOS could approve at the same time?

It is all very confusing as it does very much seem like it is made intentionally difficult to give a spouse the right to work. I mean this really does not make life easy for the newly married couple. I guess it is a test of determination but all it does is create a dislike for the system in place.

Other than my frustrations am I missing something? Do you have to submit an i765? Is the fee always applicable. Does an EAD really give you an advantage other than a lottery of it turning up substantially faster than your green card?

Sorry for the rant. Needed to get that out.

[nichole]

Immigration laws aren't written to accommodate the K1 applicant. That is a teeny, tiny percentage of the lot. A K1 gets you in the country for 90 days, but doesn't mean you will be granted permanent residence if you don't marry and file for AOS. You could have married and remained in your country working up until a spousal CR1 visa was issued to you, then you would have been work authorized and given a greencard just weeks after entering the US.

What you missed is reading the directions saying the EAD and Advance Parole (I-131) are FREE if filed with the AOS application. Ead comes faster than the green card approval normally. As an example, my K1 fiance/husband got his EAD card and AP travel document 2 months and 10 days after entering the country. The greencard took almost 6 months from his entry.

You can still file your EAD application free by sending a photocopy of the AOS notice of action to show it is filed in conjunction with an AOS application. Include the other things required:
Photographs (2) of immigrant (passport type)
Photocopy of passport biographical page and K1 visa page
Photocopy of Form I-94 Arrival/Departure record


Same can be done with the I-131 in case you need to leave the US before you get the greencard that will allow you back in the US. Without Advance Parole or a greencard, you start over with a spousal visa. Your K1 is good for one entry. It's no longer valid to get back in the US if you leave.

[Hamsher]

So I was wondering...

I have now received my green card. A lot sooner than I expected. Do I still need an EAD to work? I have been request to do another biometrics I presume for my EAD that I submitted separately. I presume I can call up and cancel this.

Thanks for the help!

[nichole]

You no longer need EAD. You can withdraw the application. The greencard authorizes you to work.