Form I-765 question!

[esaltes 0]

Hey all,

Have a question. My fiance just got issued her K1 visa. Her flight is June 14th to the United States. She has a job here waiting for her...she has worked this job as a host the past two summers on a J1 student visa, now she is coming on K1 visa and obviously wants to start work right away.

I was just reading that the Form I-765, Application for Employment Authorization, takes 3 months to process! Can you not work legally until you have that card...if you have marry within 3 months, how does this take 3 months to process? I am confused and a little stunned here. I thought it would take a week or two, not 3 months.

So can my fiance not work legally in the United States this summer??

Please help!

[LeftCoastLady 441]

Short answer: No.

[Harpa Timsah 13,258]

Sadly, probably not. You have to marry first, then file AOS with the I-765, then wait 3 months for it to be approved. So if you can marry and file straight away, she will have a work permit by September. Her summer job is probably over by then.

[esaltes 0]

Bummer, that's what I thought...pretty devastated here.

[Harpa Timsah 13,258]

Sorry Have you read this flowchart? http://www.visajourney.com/content/k1flow

Knowing what is coming up will help alleviate any other disappointments based on lack of knowledge. A K-1 is a non-immigrant visa. She will have no rights to work or travel internationally (cannot reenter US), until you apply for permanent resident status after you marry (and get approved).

[EvilSquee 7]

As others have noted no she's unlikely to be authorized to work this summer. It's one of the disadvantages of the K-1 route. Yes you can apply for work authorization after entering, but with processing times being so long by the time they process it the authorization won't be valid anymore. It's also free to file with I-485 for the AOS vs a fee if you file after K-1 entry so save yourself the effort and the money. Best bet is to get legally married quickly and then file for AOS as soon as possible so she can get work authorization as quickly as possible.

[joannalis 0]

I have a quesction. I am amrried to us citizen, and I want to send the form I-765 first, before I-485. is that possible???

[Harpa Timsah 13,258]

I have a quesction. I am amrried to us citizen, and I want to send the form I-765 first, before I-485. is that possible???

No, not from J-1 visa as indicated in your profile.