Is it necessary to Adjust Status when in the US on a K-3?

[knowledge 0]

I've read from other VJ posters and other newsgroups that some people have filed their I129 & EAD cocurrently. Has anyone ever heard of that being done?

Amarceau, i was searching the same info, thanks for asking the question. I have found in the I-765 Instructions, Part 1 and 2, :

Part 1: certain aliens who are temporarly in the US may file a form I-765, to request and EAD. Other aliens who are authorized to work in the US without restrictions should also use this form to apply to USCIS for a document evidencing such authorization. ....see Part for Eligibility categories.

If you are a Lawful PR, a CR, or a nonimmigrant authorized to be employed with a specific employer under the..., please do not use this form.

On the Part 2, 2 categories catched my eye:

a. Family-Based Nonimmigrants (that's what i understand K-3, i.e.I-129f)

b.Adjustment of Status Categories (step after K-3, if choose to immigrate, back to I-130, which is an immigration petition i think).

Then, page 3 or 4 of the Instructions, another precision for:

a. K-3 Nonimmigrant Spouse (etc) File your EAD application along with evidence of your admission such as compies of your Form I-94 (canadians i think do not need it), passport, and K visa (that implies to me that after the K-3 approval you can file for EAD, and not while applying for K-3, my personal understanding).

b. EAD application for AOS

File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for PR, is pending. You may file Form I-765 together with your Form I-485.

So, i understand that applying EAD with I-129f for K-3, is not possible because i have to have 1st the K-3 and only after i apply for EAD. Anybody correct me if im wrong.

But, there is the Interim EAD, so that i let you check the details...also with it's own restrictions...but after the 90 days frametime to get the EAD have passed...i dit not get it enterly...seems that each step as tiny as it can be has it's own restrictions or ramifications that have to be searched it's tiring a bit lol

Also, for quite time I wanted to say to Aussiwench that I appreciated also very much how articulate she is, that clarity helps really a lot.

Em also thanks for the question, it helps a lot.

[amarceau 0]

Thank you very much for the reply. I know I've see it on someones signture that they filed all at same time. Whether they were successful or not is unknown. But I'm still looking for that person, when I find them, I'll post back or ask them how they did it.

Thanks again. VJ and all it's members are a godsent For sure i would have suffered a breakdown by now if not for this site

[knowledge 0]

Thank you very much for the reply. I know I've see it on someones signture that they filed all at same time. Whether they were successful or not is unknown. But I'm still looking for that person, when I find them, I'll post back or ask them how they did it.

Thanks again. VJ and all it's members are a godsent For sure i would have suffered a breakdown by now if not for this site

Yes, thanks, if you find the info i'll be interested to know more. But in a case or another, it's the usual 90 days frametime of waiting.