paying for employment forms???

[knt 4]

So I was just looking through the guidelines for filing employment forms to see if I could file them before my fiance actually comes to the States. I am confused on 2 things...the first one is still can I file before he gets here? Or do I have to wait until he physically is in America? and also, I thought originally if you had applied for a K-1 visa then there was no fee for the employment forms, but from uscis website it makes it seem like now you do have to pay the 380 dollars???? Is that true???

[alibekah 4]

I understood it as this: AFTER he arrives and you two get married. If you file the I-765 ALONG or AFTER I-485 then you do not have to pay the $380. I got my conclusion from here (which i placed in BOLD) We will be doing our stuff to in a couple of months so I have been researching this also:

"Filing Fee :

$380

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 together with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of a Form I-485."

[Barbara J 115]

So I was just looking through the guidelines for filing employment forms to see if I could file them before my fiance actually comes to the States. I am confused on 2 things...the first one is still can I file before he gets here? Or do I have to wait until he physically is in America? and also, I thought originally if you had applied for a K-1 visa then there was no fee for the employment forms, but from uscis website it makes it seem like now you do have to pay the 380 dollars???? Is that true???

After you marry you will then apply for AOS and with that I-485 form you will include I-765 EAD employment authorisation. The fee is waivered if you send the work auth form along with the AOS application. If you apply for EAD separate then yes you have to pay for the papers.

[knt 4]

thanks for the replies! I guess now I just have to figure out if I want to wait on employment forms to avoid the fee or if I should go ahead as soon as he gets here. I guess I have a little bit of time to figure it out!

[Barbara J 115]

thanks for the replies! I guess now I just have to figure out if I want to wait on employment forms to avoid the fee or if I should go ahead as soon as he gets here. I guess I have a little bit of time to figure it out!

One more thing I thought of too was if you apply for EAD once he arrives on his K1 that EAD is only valid till the expiration of his I-94 date so it is kind of pointless spending that money when it is only valid for 3 months. You apply with AOS its free and valid for 12 months in which time he will receive GC.

[knt 4]

yeah, that makes sense. Plus then he can get here and ease into American life, learning english, etc. I shouldn't worry about this right now, I just can't help it. My mind can't turn off when it comes to thinking about everything visa related!!