Eric S.

I'd think this would be a fairly common question. But I couldn't really
find the answer anywhere.

My fiance arrived in January on her K-1 visa. She got the 90 day EAD stamp
in her passport at the POE at JFK. We applied for her SSN a couple of weeks
ago and hope to have that soon. She's looking for a job now and with any
luck, will have something before too long.

We're planning to file for AOS after we get married in April. We'll also
apply for an EAD card at the same time. But I understand it could take
several months to get it. My question is this. The EAD stamp will expire
at the end of April. What happens between that time and the time she gets
an EAD card? I'm assuming she'll no longer be work authorized. If she has
a job, will she have to stop working?

Can we apply for an interim EAD when we apply for AOS? The way I understand
it is you can only do that if you still haven't received the EAD card 90
days after applying for it. (I recall seeing somewhere that you should go
down to your local USCIS office on the 91st day. And even then they might
not do it).

It doesn't really make sense (as if anything from USCIS does). If there's
always a few months gap between the POE 90 day EAD stamp and the the EAD
card you get after applying for AOS, then what the point of the 90 EAD
stamp?? I must be missing something here.

Thanks in adavnce for clearing up my confusion.

- Eric S.

Mtravelkay

Eric S. wrote:

    > I'd think this would be a fairly common question. But I couldn't really
    > find the answer anywhere.
    >
    > My fiance arrived in January on her K-1 visa. She got the 90 day EAD stamp
    > in her passport at the POE at JFK. We applied for her SSN a couple of weeks
    > ago and hope to have that soon. She's looking for a job now and with any
    > luck, will have something before too long.
    >
    > We're planning to file for AOS after we get married in April. We'll also
    > apply for an EAD card at the same time. But I understand it could take
    > several months to get it. My question is this. The EAD stamp will expire
    > at the end of April. What happens between that time and the time she gets
    > an EAD card? I'm assuming she'll no longer be work authorized. If she has
    > a job, will she have to stop working?

Legally, yes, she can't work.

    >
    > Can we apply for an interim EAD when we apply for AOS? The way I understand
    > it is you can only do that if you still haven't received the EAD card 90
    > days after applying for it. (I recall seeing somewhere that you should go
    > down to your local USCIS office on the 91st day. And even then they might
    > not do it).
    >
    > It doesn't really make sense (as if anything from USCIS does). If there's
    > always a few months gap between the POE 90 day EAD stamp and the the EAD
    > card you get after applying for AOS, then what the point of the 90 EAD
    > stamp?? I must be missing something here.

I am guessing that when the 90 day EAD originated, it was possible to
marry and get a new EAD quicker than you can now. It's like the 1 year
extension when you file I-751. The idea is that the I-751 will be
approved (or denied) within the year. Often, it is not.