Can I file I-765 before I file AOS and I-130?

[Amber824 4]

Someone asked me this question and before i answered i wanted to make sure i give him the best advice, here is his question:

"I am a F-1 student and I just got married this month, but I don't have much money left. I need to work to support my family so what should I do to work in USA? Do I have to file in I-130 and I-765 together? or I can just file in I-765 first to get starting to work? then after I get enough money I go for I-130 and I-485."

So is he able to go ahead and file for his I-765 BEFORE he does his I-130...i wasn't to sure about that becuz i would think he would have to do his I-130 first. Whats the best advice to give him??

Thanks in advance for everyone's help!

[scy 0]

Someone asked me this question and before i answered i wanted to make sure i give him the best advice, here is his question:

"I am a F-1 student and I just got married this month, but I don't have much money left. I need to work to support my family so what should I do to work in USA? Do I have to file in I-130 and I-765 together? or I can just file in I-765 first to get starting to work? then after I get enough money I go for I-130 and I-485."

So is he able to go ahead and file for his I-765 BEFORE he does his I-130...i wasn't to sure about that becuz i would think he would have to do his I-130 first. Whats the best advice to give him??

Thanks in advance for everyone's help!

For an F-1, no. There is no basis on which an F-1 can obtain an EAD without AOS.

[Kez/JWolf 6]

You will need to file for AOS and EAD and wait for the EAD to be approved before you can work .....

You can not apply for the EAD before you apply for the AOS....

Kez

[YuAndDan 153]

I-765 has to be based on something.

In your case possibly 274a.12(c )3(i ), 3(ii ), or 3(iii ) (F-1 visa holder)

You may want to read the directions for the I-765.

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

Fee for I-765 is $340, but if it is filed for with I-485, the fee for the I-485 includes the cost of I-765.

[Marcus and Laura 4]

Someone asked me this question and before i answered i wanted to make sure i give him the best advice, here is his question:

"I am a F-1 student and I just got married this month, but I don't have much money left. I need to work to support my family so what should I do to work in USA? Do I have to file in I-130 and I-765 together? or I can just file in I-765 first to get starting to work? then after I get enough money I go for I-130 and I-485."

So is he able to go ahead and file for his I-765 BEFORE he does his I-130...i wasn't to sure about that becuz i would think he would have to do his I-130 first. Whats the best advice to give him??

Thanks in advance for everyone's help!

If you want to you can file the I-765 as the students OPT but remember thats for one year and meant for when you have graduated. It will cost you more ($340) since if you file the I-765 first its not covered under the blanket AOS filing charge. Like i say if you are going to do it make sure the student would qualify for OPT and be aware of the fact that OPT take around 3 months to be approved anyway, about the same amount of time as an EAD would be if you were filing it with the AOS.