We are preparing the I-485

[nygatl15]

My concern is, since Wenjie got her EAD at JFK last week, if we file AOS in 2 weeks after we get married, will there be a time when she will have to stop working? How long does the process take to be able to have permanent work authorization?

[frank1538]

Presumably the EAD that she got is good for 90 days to coincide with her K-1 visa.

 

If you are filing the I-765 (Application for Employment Authorization) at the same time you are filing the I-485, she should not have to wait more than 90 days. Hopefully, she will get her EAD before then, but if 90 days elapses, I think you can still go down to the local USCIS office and get an interim EAD. So, she does run the risk of her current EAD running out before she receives her new EAD. The biggest consequence if her employer finds out about an expired EAD is that she'll likely lose her job, and the employer could be fined. I don't think it effects her AOS though.

 

If you are planning on waiting for the I-485 to be processed so she can get her green card (which also authorizes her to work), then you'll have a 1+ year wait for your part of the country.

[nygatl15]

thanks Frank, I initially was under the impression that this was part of the I485, but more research on the internet has brought up numerous more forms to file... this will get costly, I see.

[tywy_99]

The I-485 is a must. The I-765 and the I-131 is optional.

Of course there is always the N-400 to think about [one day]!...........