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Filed: Timeline
Posted

Can you file for work authorization (I-485) without filing for adjustment of status (I-765)?

My husband is here on a K-3 visa, we will be married for two years January 2011 I was hoping I could just wait til then to adjust status and save the money on removing conditional residence. We also don't have all the money it would cost to adjust status right now.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
Can you file for work authorization (I-485) without filing for adjustment of status (I-765)?

My husband is here on a K-3 visa, we will be married for two years January 2011 I was hoping I could just wait til then to adjust status and save the money on removing conditional residence. We also don't have all the money it would cost to adjust status right now.

your question needs to read the other way around... AOS is the I-485 and work authorization is the I-765... and yes you can send the I-765 before the I-485 but you will need to pay the I-765 fee

Edited by payxibka

YMMV

Filed: Timeline
Posted
your question needs to read the other way around... AOS is the I-485 and work authorization is the I-765... and yes you can send the I-765 before the I-485 but you will need to pay the I-765 fee

No my question is written right, because it cost less now to file for work authorization than to file for adjustment of status. I was wondering if i could just file for work authorization now and when I get enough money we will then file for adjustment of status later.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
No my question is written right, because it cost less now to file for work authorization than to file for adjustment of status. I was wondering if i could just file for work authorization now and when I get enough money we will then file for adjustment of status later.

You had the forms mixed up, the I-485 is the AOS not the EAD, but as was already answered you can send for the I-765 (work auth) before your AOS, you just pay the fee for that instead of that of the AOS.

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Filed: Citizen (apr) Country: Australia
Timeline
Posted
No my question is written right, because it cost less now to file for work authorization than to file for adjustment of status. I was wondering if i could just file for work authorization now and when I get enough money we will then file for adjustment of status later.

Your qn is your question of course, but when you refer to AOS as I-765 you're going to be corrected because that's the EAD form number and vice-versa for the EAD.

As stated above, AOS is I-485. EAD is I-765. Yes you CAN file EAD first but it's only valid to the expiration of your I-94. You will also need to pay the fee for the EAD where in AOS the fee is waived for EAD and AP.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
Can you file for work authorization (I-485) without filing for adjustment of status (I-765)?

My husband is here on a K-3 visa, we will be married for two years January 2011 I was hoping I could just wait til then to adjust status and save the money on removing conditional residence. We also don't have all the money it would cost to adjust status right now.

Can I just point out that if your husband's I-94 is expired, this is a spectacularly bad idea? All it would take in one encounter with federal law enforcement while you're out of status - being present at a "terrorist" attack and being questioned, not even being a suspect - accidentally driving through a CBP inland checkpoint (which can legally be anywhere within 100 km of either border or either ocean), to name two reasonably plausible scenarios - and your life would become FAR more interesting than you would like. The best, safest advice is t beg or borrow the money but AOS as SOON as possible after arrival.

If your I-94 is still valid, you're fine, but you definitely need to AOS before, or VERY shortly after it expires.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Can I just point out that if your husband's I-94 is expired, this is a spectacularly bad idea? All it would take in one encounter with federal law enforcement while you're out of status - being present at a "terrorist" attack and being questioned, not even being a suspect - accidentally driving through a CBP inland checkpoint (which can legally be anywhere within 100 km of either border or either ocean), to name two reasonably plausible scenarios - and your life would become FAR more interesting than you would like. The best, safest advice is t beg or borrow the money but AOS as SOON as possible after arrival.

If your I-94 is still valid, you're fine, but you definitely need to AOS before, or VERY shortly after it expires.

k3 have 2 years.. just FYI.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
k3 have 2 years.. just FYI.

I knew it was something like that, hence the qualifications. OP: As I said, that's fine, carry on then :)

I just don't want anyone coming in later on and getting confused about allowing yourself to go out of status and waiting until you've scraped the money together to AOS. This situation is fine, but the description is too close to too many nightmare stories here (even one is too many, for something that is so avoidable).

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

 
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