K-2 stupid questions

[rlheim]

Ok, I have been trying to cifer out the K2 application and documents need for the I-765. I want to file EAD for Lulu ASAP. (K-2)

 

Please someone set me straight on all this.

[dnoblett]

EAD can be applied for before, with or after AOS.

 

Problem with K-1, and K-2 if apply for before AOS, the EAD will be only valid until the expiration date on the I-94 card (90 days from entry) so applying for before is not recommended and a wast of $$, and I believe only the K-1 can apply for EAD before AOS, not K-2

 

Apply for EAD at the same time as AOS, this way EAD is valid for 1 year, and is not tied to the I-94.

 

Only K-3,K-4 benefit from filing for EAD before AOS, because again it is tied to the I-94, and K-3/4 have an I-94 that expires when their visa expires, up to 2 years.

 

The Codes used on the form

 

(a ) (9 ) = K-3 K-4 before AOS

(a ) (6 ) = K-1 Fiance(e) before AOS (No mention of K-2)

(c ) (9 ) = I-485 filed is all cases K-1, K-2, K-3, and K-4 (When filing with AOS or after filed for AOS and have NOA1 for the AOS.)

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[rlheim]

Here is where I get confused.

FAMILY BASED NONIMMIGRANT CATEGORIES

K-1 NONIMMIGRANT FIANCEE OF US CITIZEN OR K-2 DEPENDANT--(A)(6).

File your EAD application if you are filing within 90- days from the date of entry. This EAD cannot be renewed. Any EAD application other than for replacment must be based on your pending application for AOS under ©(9)

Edited June 13, 2007 by rlheim (see edit history)

[Trigg]

Here is where I get confused.

FAMILY BASED NONIMMIGRANT CATEGORIES

K-1 NONIMMIGRANT FIANCEE OF US CITIZEN OR K-2 DEPENDANT--(A)(6).

File your EAD application if you are filing within 90- days from the date of entry. This EAD cannot be renewed. Any EAD application other than for replacment must be based on your pending application for AOS under ©(9)

Ya can't file an EAd before you file for AOS but you can file at the same time--i.e. put the EAD ap in the same envelope with the I-485 but with seperate checks.

[dnoblett]

Here is where I get confused.

FAMILY BASED NONIMMIGRANT CATEGORIES

K-1 NONIMMIGRANT FIANCEE OF US CITIZEN OR K-2 DEPENDANT--(A)(6).

File your EAD application if you are filing within 90- days from the date of entry. This EAD cannot be renewed. Any EAD application other than for replacment must be based on your pending application for AOS under (c )(9)

The underlined is the problem with applying for EAD BEFORE filing for AOS.

 

Apply for EAD with or after applying for AOS and check category (c )(9).

 

The (a )(6) EAD is similar to the temporary one issued to K-1s at some of the POEs like JFK, and is not renewed because it expires at the same time as the I-94, after that EAD NEEDS to be applied for under (c )(9) with AOS.

 

If apply for after applying for AOS, you need to attach a copy of NOA1 for the AOS.

 

VJ has a good EAD guide. SEE: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[rlheim]

Thanks that one line confused me.

[chilton747]

Nice wedding picture Rick