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Filed: Timeline
Posted

Hi everybody,

I need some clarifications about employment authorization and form i765.

Here is my situation :

I'm french, and live in France with my American soon-to-be husband.

We plan to move to the US as soon as I find a job there.

After the wedding we will start all the procedure regarding my green card with the US ambassy in Paris.

We want to start our new life in the US as soon as possible, so I need to be able to work there fast.

I red that the form i765 make it possible for the "alien" work, before the green card is delivered.

However, most of the time what I found was for people who had their wedding in the US and live there. Besides, a US address is needed to fill the form.

Does this form is applicable to my case ? Can I put my in-law address in the form ?

Thanks in advance !

Posted

Are you planning to apply for a CR-1 visa, a K-1 visa or just travel on the visa waiver program and file to adjust status once you're in the US? (hint: planning to do the latter is a bad idea)

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Posted

If you go through the CR-1 process (which with "Direct Consular Filing" / DCF could take less than 6 months) you will become a permanent resident immediately on arrival in the US and will be eligible to work straight away without ever needing to file I-765.

If you go with a K-1 you may be able to enter the US a little sooner, but you'll have to have the wedding there, and you won't be authorized to accept employment until your EAD is approved (typically 2 months after filing I-765 along with the rest of your I-485 adjustment of status application)

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Filed: Timeline
Posted (edited)

We plan to go for a CR1.

Being of 2 different countries is for us an opportunity to have 2 weddings : a small one in France, with just our 2 best friends, and another one in 2 years, in the USA, where all our friends and family will be invited (more time to save money, and I always wanted to get married outside, which isn't possible in France).

Thank you for your help. :)

Edited by noaa33
Posted

OK, then you won't need to file I-765. I'm sure you're aware that only one (the first) of your "weddings" will actually be a legal wedding; whenever you are dealing with immigration you should not talk about having two weddings. If you mention the second one call it a ceremony or celebration or whatever.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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