Legal Question in Immigration Law in Ohio

Confused about AOS, EAD and AP

My wife and I arrived in the USA 20 days after her interview at the embassy in Bangkok where she received her K3 Visa but now I am confused about the next steps to follow in the process for her to become a permanent resident. During her interview in Bangkok she presented her medical exam results and my affidavit of support (I-134). Is this information required again to file for AOS?

Also, when we went to the Social Security office to apply we were told that she needed an EAD before she could apply for a number. Is this included with the AOS? We need this number soon so that I can add her to my health insurance as well as other documents.

Is AP automatically given after filing for AOS?

Any help is greatly appreciated.

Thank you.


Asked on 10/22/05, 5:15 am

3 Answers from Attorneys

A. Olusanjo Omoniyi Omoniyi Law Firm, P. C.

Re: Confused about AOS, EAD and AP

You need not be confused, virtually what you mentioned are correct but here are other things you need to know or consider in your case. First, the medical exam should suffice (i.e. it could be reused for the AOS), however the affidavit of support for AOS should be updated and filed on Form I-864. Second, be on notice that no SS number will be granted before EAD is granted. Third, the EAD is not automatically granted upon filing AOS but its form/petition must be included. Lastly, be aware that the AOS package must be competently put together otherwise, it could be confusing and results in the Request for Further Evidence (RFE), which is usually the U.S. Citizenship and Immigration Services way of asking further questions on your petition if the agency needs more information. In all in all, you may need as many as 4 to 5 petitions/applications to complete the AOS package. Also be on notice that beginning from October 26, the USCIS is increasing application fees by $10 each. My office regularly represents couples like yours. If you need my service please call or e-mail or even contact me through my website: http://www.omolaws.com. Otherwise, seek good legal guidance somewhere else. Good luck.

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Answered on 10/23/05, 5:49 pm
Michael Brandabur Brandabur Law, LLC

Re: Confused about AOS, EAD and AP

The previous answers are correct, and you need to complete the AOS, obtain the EAD and also need to realize there will be a requirement to have the conditional status removed in @ 2 years. This last part is something you should begin to prepare for now. Finally, you should be able to add your wife to your company's health insurance policy irrespective of her having a SSN. Should you wish assistance, our offices are in the Greater Cincinnati area.

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Answered on 10/23/05, 10:10 pm
Harold Hom Harold L. Hom Co., LPA

Re: Confused about AOS, EAD and AP

The medical exam will not be required. However, a more comprehensive Affidavit of Support (I-864) will be required. The social security number cannot be issued without an EAD. The EAD cannot be obtained unless everything for AOS is submitted properly. Errors in filing will delay issuance of EAD.

Harold L. Hom

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Answered on 10/22/05, 9:58 pm


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