What is the procedure for EAD

[maiyademama]

I want him to have a work permit so he can contribute financially, but I am not ready for him to get the green card....long story that many of you know about....I just don't want to take the responsibility of the I-864 until I know he can support himself. Do we have to file AOS in order to file for the work permit? Thanks in advance!

 

Taz

[frank1538]

I want him to have a work permit so he can contribute financially, but I am not ready for him to get the green card....long story that many of you know about....I just don't want to take the responsibility of the I-864 until I know he can support himself. Do we have to file AOS in order to file for the work permit? Thanks in advance!

 

Taz

Taz, I think a K-3 spouse can file for EAD without having to file for AOS. Take a look at the filing instructions which would put Kai in the (a)(9) category: "K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File your EAD application along with evidence of your admission such as copies of your Form I-94, passport, and K visa."

 

This is different than the K-1 requirements.

[warpedbored]

K-3 seems to be a little different animal than K-1. The AOS process seems to be a little easier for K-1. Technically I have heard that a K-visa holder is eligible to work however when Bing and I got her SSN it says on the card very clearly that she is eliglble to work only with authorization. In our case we had to file for AOS at the same time as EAD to get the EAD. In Portland though they issue the EAD the same day if you go to the regional office to apply. In your case I don't see any harm in it for you since he won't get the green card until you both go to the interview anyway.

[maiyademama]

Thanks for the info. I guess we will download the forms and send them in on Monday. How long till the interview once you receive the approval notice from USCIS? I got the approval on kai's I-130 about 2 months ago. It the I-130 even a factor at this point?

[Guest blsqueaky]

Hello Mai, I am also K-3. When we went to the SSN office, all they told me was that I had to file the EAD, to Chicago with the fee. Processing would take about 6-8 months, and that I could file while still waiting or the I-130 approval. Now have that, and still waiting.

 

Hope that this helps.

[maiyademama]

Thanks, Mark! Are you saying that the first (now that he is here) is to go the Social Security and apply for a number and then apply for the EAD? Did you apply for the EAD at the same time as AOS or does that come later? I don't know why this is so confusing for me!

 

Thanks again, everyone!

[tywy_99]

Thanks, Mark! Are you saying that the first (now that he is here) is to go the Social Security and apply for a number and then apply for the EAD? Did you apply for the EAD at the same time as AOS or does that come later? I don't know why this is so confusing for me!

 

Thanks again, everyone!

You need to file the I-765 for the EAD card. The SSA will more than likely tell you the same thing. They need authorization from DHS before they will issue a number. That authorization will be the EAD card. The length of time varies from state to state. it took us 5 mos. to get the EAD card and about another 6 weeks to get the SSN card afterwards.

At the same time, you can file the I-485 for the alien registration card, but do it soon before the 2 year limit is up on the K-3.

[maiyademama]

Thanks a lot!

 

And BTW, here is some more info that i just found on Visajourney:

 

http://www.visajourney.com/forums/index.ph...p?pg=k1k3ead#k3

[Patrick & Li]

My wife filed for her EAD on Aug 18th, they said she would receive the card no later than 90 days. Mistakenly we went to the SS office and they wqent ahead and took our application. They called us about 2 weeks ago and said the SS was ready as soon as we received the EAD to bring it down. We received the EAD on Nov 16th, and immediately went to SS to let them copy them. My step-son now has his SS card, and we are hoping to have the wifes card in the next few days.

BTW, we filed the EAD and AOS separately.

 

 

Patrick

[maiyademama]

Thanks, Patrick!

 

Next question for all: What would happen if i decide not to file the AOS and just let the K3 run it's course? I know it seems like an odd question, but we are in odd circumstances. Since Kai has been in the States (all of 3 weeks now), he hasn't once asked about or mentioned actually wanting a green card. When I have brought it up, he has shown little interest...not that he has said "no i don't want one" he just hasn't said a thing about it, one way or the other. I am thinking that this "man without a plan" can stay here as long as K3 allows and then return to China. When asked what his plans are, he simply says, "I don't really have a plan." Helllo??? You are in the US and re-united with your daughter...How about a plan for how to provide for her?!

 

perhaps my husband hasn't learned any lessons, but I sure have. Live and learn, live and learn. I ain't jumping through anymore hoops for this guy. Can he just get EAD and work and then go back to China when the k3 runs out?

[tywy_99]

USCIS rules require a K-3 holder to continue to pursue the immigration process by having an I-130 petition or an adjustment of status pending approval. The K-3 is good for 2 years which should be enough time to get the immgrant visa and if not, you can apply to have the K-3 extended.

 

Has the I-130 been approved by CIS yet? As soon as CIS approves it, they will send it to NVC. NVC will start sending you forms to actively pursue the visa, like the I-864. Unless you switch to AOS, you will have to comply to NVC's request in getting the immigrant visa. If not, then he will have to leave before the 2-year limit on the K-3 is up.