I-765 Before Filing AOS?

[Cmptrsdeal 76]

Is it possible to go ahead and file the I-765, Application for Employment Authorization, right as soon as she gets here and once we have arranged the wedding and get married, then file for the AOS? She wants to start working as soon as possible, but also wants to wait til she gets here to try to plan the wedding... Any ideas would be greatly appreciated. Thank you!

[Inky 1,111]

If you file before hand you will end up wasting money because it will expire in 90days. The same day as the I-94 expires. Then she wont be able to work until after AOS is completed.

[Operator 1,927]

Read the EAD guide here -----------> http://www.visajourney.com/content/k1k3ead

[Harpa Timsah 13,258]

Technically, yes, you can do that. However, most people skip it for the following reasons:

It costs $380 and expires after 90 days of her entering the US.

It takes about 90 days to process.

Therefore, you might get the EAD approved a week or a few days before the permit will expire. If she somehow got a job in that week between when it was approved and when it expires, she would have to quit her job.

Most people, if they want to work fast, marry quickly after entry and then file AOS. You can apply for an EAD with that, it's free, and it expires in a year.

[Cmptrsdeal 76]

Technically, yes, you can do that. However, most people skip it for the following reasons:

It costs $380 and expires after 90 days of her entering the US.

It takes about 90 days to process.

Therefore, you might get the EAD approved a week or a few days before the permit will expire. If she somehow got a job in that week between when it was approved and when it expires, she would have to quit her job.

Most people, if they want to work fast, marry quickly after entry and then file AOS. You can apply for an EAD with that, it's free, and it expires in a year.

Ok Harpa Timsah, let me get this straight. If I send the I-765 in with the 485 (AOS), it is free to file as long as it is filed together, but if I filed the I-765 prior to the 485 (AOS) It's $380, right?? The thing that confused me was when you said "marry quickly after entry and then file AOS. You can apply for an EAD with that, it's free,"

[Harpa Timsah 13,258]

Yes, that's right. The EAD application, filed together with AOS (I-485) is free. An EAD before that, filed alone, costs $$ and expires 90 days after entry, no matter how late it gets approved.